§ 1199-EE*2 — Powers of the authority

* § 1199-ee. Powers of the authority. The authority shall have the\npower:\n 1. To sue and be sued;\n 2. To have a seal and alter the same at pleasure;\n 3. To borrow money and issue bonds or other obligations and to provide\nfor the rights of the holders thereof;\n 4. To enter into contracts and to execute all instruments necessary or\nconvenient or desirable for the purposes of the authority to carry out\nany powers expressly given it in this title;\n 5. To acquire by purchase, gift, grant, transfer, contract or lease or\nby condemnation pursuant to the eminent domain procedure law within the\ndistrict, lease as lessee, hold, and use any real or personal property\nor any interest therein, as the authority may deem necessary, convenient\nor desirable to carry out the purposes of this title; provided, however,\nthat the authority may not condemn real property of a municipality\nwithout the consent of the governing body of such municipality. In\nconnection with the acquisition of such properties, the authority may\nassume any obligations of the owner of such properties and, to the\nextent required by the terms of any indentures or other instruments\nunder which such obligations were issued, the authority may assume and\nagree to perform covenants and observe the restrictions contained in\nsuch instruments; and furthermore the owner of any properties, which the\nauthority is authorized to acquire, is hereby authorized to sell or\notherwise transfer the same to the authority, whereupon the authority\nshall become charged with the performance of all public duties with\nrespect to such properties with which such owner was charged and such\nowner shall become discharged from the performance thereof, and as a\nmeans of so acquiring for such purpose, the authority may purchase all\nof the stock of any existing privately owned water corporation or\ncompany and in the case of a sale or other transfer of properties of a\npublic utility corporation pursuant to this provision, upon the purchase\nof the stock of such corporation or company it shall be lawful to\ndissolve such corporation within a reasonable time, and in the case of\nan acquisition of properties from a municipality pursuant to this\nprovision, it may assume the primary responsibility for the payment of\nany bonds or notes issued by such municipality for such properties;\n 6. To construct, improve, maintain, develop, expand or rehabilitate\nwater facilities;\n 7. To operate and manage and to contract for the operation and\nmanagement of properties of the authority;\n 8. To enter into contracts, and carry out the terms thereof, for the\nwholesale provision of water produced by supply facilities constructed,\noperated or contracted for by the authority, to municipalities and to\ncarry out the terms thereof, for the transmission of water from new or\nexisting supply facilities;\n 9. To apply to the appropriate agencies and officials of the federal,\nstate and local governments for such licenses, permits or approvals of\nits plans or projects as it may deem necessary or advisable, and upon\nsuch terms and conditions as it may deem appropriate, and to accept, in\nits discretion, such licenses, permits or approvals as may be tendered\nto it by such agencies and officials;\n 10. To appoint such officers and employees as are required for the\nperformance of its duties, to fix and determine their qualifications,\nduties and compensation, and to retain or employ counsel, auditors,\nengineers and private consultants on a contract basis or otherwise for\nrendering professional or technical services and advice;\n 11. To make plans and studies necessary, convenient or desirable for\nthe effectuation of the purposes and powers of the authority and to\nprepare recommendations in regard thereto;\n 12. To enter upon such lands, waters or premises as in the judgment of\nthe authority shall be necessary for the purpose of making surveys,\nsoundings, borings and examinations to accomplish any purpose authorized\nby this title, the authority being liable only for actual damage done;\n 13. To apply for and to accept any gifts or grants or loans of funds\nor property or financial or other aid in any form from the federal\ngovernment or any agency or instrumentality thereof, or from the state\nor any agency or instrumentality thereof or from any other source, for\nany or all of the purposes specified in this title, and to comply,\nsubject to the provisions of this title, with the terms and conditions\nthereof;\n 14. To purchase water in bulk from any person, private corporation or\nmunicipality when necessary or convenient for the operation of such\nwater system;\n 15. To produce, develop, distribute and sell water to the county and\nto any municipality within the territorial limits of the district;\n 16. To make by-laws for the management and regulation of its affairs\nand subject to agreements with bondholders, rules for the sale of water\nand the collection of rates and charges therefor. A copy of such rules\nand by-laws, and all amendments thereto, duly certified by the secretary\nof the authority shall be filed in the office of the county clerk of the\ncounty. In addition, the county legislature shall have power to\nprescribe that violation of specific by-laws of the authority, published\nonce in a newspaper having a general circulation in the county, shall be\npunishable by fine, not exceeding fifty dollars, or by imprisonment for\nnot longer than thirty days, or both;\n 17. To fix rates and collect charges for the use of the facilities of,\nor any commodities furnished by the authority such as to provide\nrevenues sufficient at all times to pay, as the same shall become due,\nthe principal and interest on the bonds or other obligations of the\nauthority together with the maintenance of proper reserves therefor, in\naddition to paying as the same shall become due the expense of operating\nand maintaining the properties of the authority together with proper\nreserves for maintenance, contingencies and all other obligations and\nindebtedness of the authority;\n 18. To enter into cooperative agreements with other authorities,\nmunicipalities, utility companies, individuals, or corporations, within\nor without the territorial limits of the district, for the\ninterconnection of facilities, the exchange or interchange of water,\nand, within the territorial limits of the district, to enter into a\ncontract for the construction and operation and maintenance of a water\nfacility by the authority for any municipality having power to construct\nand develop a water facility, upon such terms and conditions as shall be\ndetermined to be reasonable, including but not limited to the\nreimbursement of all costs of such construction, or for any other lawful\npurposes necessary or desirable to effect the purposes of this title;\n 19. To act as a county water agency in accordance with the provisions\nof article five-A of the county law;\n 20. With the consent of the county executive, to use officers and\nemployees of the county and to pay a proper portion of compensation or\ncosts for the services of such officers or employees; and\n 21. To do all things necessary, convenient or desirable to carry out\nits purposes and for the exercise of the powers granted in this title.\n * NB There are 2 § 1199-ee's\n