§ 1199-EEEE — Powers of the authority

New York § 1199-EEEE

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 8-G: Cayuga County Water and Sewer Authority
• Art. 5: Public Utility Authorities

Text

* § 1199-eeee. Powers of the authority. Except as otherwise limited by\nthis title, the authority shall have the power:\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 negotiable notes, bonds or other\nobligations and to provide for the rights of the holders thereof;\n 4. To enter into contracts and 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\nor by condemnation pursuant to the eminent domain procedure law within\nthe district, lease as lessee, hold, and use and to sell, lease as\nlessor, transfer or otherwise dispose of, any real or personal property\nor any interest therein, within or without the district, as the\nauthority may deem necessary, convenient or desirable to carry out the\npurpose of this title and to pay the costs thereof; provided, however,\nthat the authority may not condemn real property of a municipality\nwithout the consent of the governing body of such municipality;\n 6. To purchase or refuse to purchase, in the name of the authority,\nany water or sewerage facility, including plants, works,\ninstrumentalities or parts thereof and appurtenances thereto, lands,\neasements, rights in land and water rights, rights-of-way, contract\nrights, franchises, permits, approaches, connections, dams, wells,\npumps, reservoirs, water or sewer mains and pipe lines, pumping\nstations, treatment facilities, meters, equipment and inventory, or any\nother property incidental to and included in such system or part\nthereof, and any improvements, extensions and betterments, situated\nwholly within the district and to pay the costs thereof; provided,\nhowever, that the authority shall have the power to purchase any source\nof supply, supply facility, water supply system, or transmission\nfacility or any part thereof situated wholly or partly without the\nterritorial limits of the district, provided the same shall be necessary\nin order to supply water within the district; and in connection with the\npurchase of such properties, the authority may assume any obligations of\nthe owner of such properties and, to the extent required by the terms of\nany indentures or other instruments under which such obligations were\nissued, the authority may assume and agree to perform covenants and\nobserve the restrictions contained in such instruments; and furthermore\nthe owner of any properties, which the authority is authorized to\nacquire, is hereby authorized to sell or otherwise transfer the same to\nthe authority, whereupon the authority shall become charged with the\nperformance of all public duties with respect to such properties with\nwhich such owner was charged and such owner shall become discharged from\nthe performance thereof, and as a means of so acquiring for such\npurpose, the authority may purchase all of the stock of any existing\nprivately owned water corporation or company and in the case of a sale\nor other transfer of properties of a public utility corporation pursuant\nto this provision, upon the purchase of the stock of such corporation or\ncompany it shall be lawful to dissolve such corporation within a\nreasonable time;\n 7. To construct, improve, maintain, develop, expand or rehabilitate\nwater or sewerage facilities and to pay the costs thereof;\n 8. To operate and manage and to contract for the operation and\nmanagement of facilities of the authority;\n 9. To enter into contracts, and carry out the terms thereof, for the\nwholesale provision of water produced by supply facilities constructed,\nowned or operated by the authority, to municipalities and private water\ncompanies and to carry out the terms thereof, for the transmission of\nwater from new or existing supply facilities;\n 10. To enter into contracts with municipalities or other persons for\nthe collection, treatment and disposal of sewage;\n 11. 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, to accept, in its\ndiscretion, such licenses, permits or approvals as may be tendered to it\nby such agencies and officials;\n 12. To take all necessary and reasonable actions within the district\nto conserve, preserve and protect the water supply to the district,\nincluding the making of plans and studies, the adoption of watershed\nrules and regulations, the enforcing of compliance with all current and\nfuture rules and regulations of the state sanitary code with regard to\nwater supply and usage, the requiring of cross-connection controls, the\nproviding of educational material and programs to the public, and the\ncooperating with water suppliers outside the district to conserve,\npreserve and protect the entire water reserve as it is affected within\nand outside the authority's supply area;\n 13. 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 14. With the consent of the governing body of a municipality, to use\nofficers and employees of such municipality and to pay a proper\nproportion of the compensation or costs for the services for such\nofficers or employees;\n 15. 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 16. To prepare a water supply emergency plan which may include, but\nnot be limited to, the following:\n (a) establishment of criteria and procedures to determine critical\nwater levels or safe yield of system;\n (b) identification of existing and future sources of water under\nnormal conditions and emergency conditions;\n (c) system capacity and ability to meet peak demand and fire flows\nconcurrently;\n (d) storage capacities;\n (e) current condition of present interconnections and identification\nof additional interconnections to meet a water supply emergency;\n (f) specific action plan to be followed during a water supply\nemergency including a phased implementation of the plan;\n (g) general water conservation programs and water use reduction\nstrategies for water supply users;\n (h) prioritization of water users;\n (i) identification and availability of emergency equipment needed\nduring a water supply emergency; and\n (j) public notification program coordinated with the phased\nimplementation schedule.\n Such plan shall not be adopted until a public hearing on such plan\nshall have been held, upon not less than fourteen days' notice thereof\nto each customer, either by mail or by publication once in a newspaper\nhaving general circulation within the district; every five years, such\nplan shall be reviewed and revised if necessary after a public hearing,\nwith notice to each customer as aforesaid;\n 17. To enter upon such lands, waters, or premises as in the judgment\nof the 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 18. 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 19. To supply and sell water for domestic, commercial and public\npurposes at retail to individual consumers within the district or to\ncollect, treat or discharge sewage produced within the district;\n 20. To purchase water in bulk from any person, private or public\nbenefit corporation or municipality when necessary or convenient for the\noperation of such water system;\n 21. To produce, develop, distribute and sell water or sewerage\nservices within or without the territorial limits of the district; and\nto purchase water from any municipality, town water district, person,\nassociation or corporation; provided, however, that water and sewerage\nservices may be sold at retail to individual consumers only within the\ndistrict and further provided that in exercising the powers granted by\nthis title, the authority shall not sell water services in any area\nwhich is served by a water system or sewerage services in any area which\nis served by a sewerage system owned or operated by a municipality or\nspecial improvement district unless the governing body of such\nmunicipality or district shall adopt a resolution requesting the\nauthority to sell water or sewerage services, as the case may be, in\nsuch served areas;\n 22. To make bylaws for the management and regulation of its affairs\nand rules and regulations for the conservation, preservation and\nprotection of the authority's water supply and, subject to agreements\nwith bondholders, rules for the sale of water or collection of sewage\nand the collection of rents and charges therefor. A copy of such rules,\nregulations and bylaws and any rules and regulations adopted pursuant to\nsubdivision twelve of this section, and all amendments thereto, duly\ncertified by the secretary of the authority shall be filed in the office\nof the county clerk of the county. In addition, the county legislature\nby local law shall have power to prescribe that violation of specific\nbylaws, rules, or rules and regulations of the authority, published once\nin a newspaper having general circulation within the county, shall be\npunishable by fine, not exceeding fifty dollars per violation;\n 23. To fix rates and collect charges for the use of the facilities of,\nor services rendered by, or any commodities furnished by the authority\nsuch as to provide revenues sufficient at all times to pay, as the same\nshall become due, the principal and interest on the bonds, notes, or\nother obligations of the authority together with the maintenance of\nproper reserves therefor, in addition to paying as the same shall become\ndue the expense of operating and maintaining the properties of the\nauthority together with proper maintenance reserves, capital reserves,\nrepair reserves, tax stabilization reserves and other contingency\nreserves, and all other obligations and indebtedness of the authority;\nprovided however, no such rates or charges shall be changed until a\npublic hearing on such changes shall have been held upon not less than\nfourteen days notice thereof to each customer, either by mail or by\npublication once in a newspaper having general circulation within the\nbounds of the authority;\n 24. To enter into cooperative agreements with other authorities,\nmunicipalities, counties, cities, towns, villages, water districts,\nutility companies, individuals, firms or corporations, within or without\nthe territorial limits of the district for the interconnection of\nfacilities, the provision, exchange or interchange of services and\ncommodities, the conservation, preservation and protection of the\nauthority's water reserve as it is affected within and outside the\nauthority's supply area, and within the territorial limits of the\ndistrict to enter into a contract for the construction, operation and\nmaintenance of a water supply and distribution system or sewerage system\nor facilities by the authority for any municipality having power to\nconstruct and develop a water supply and distribution or sewerage system\nor facilities, upon such terms and conditions as shall be determined to\nbe reasonable including, but not limited to, the reimbursement of all\ncosts of such construction, or for any other lawful purposes necessary\nor desirable to effect the purposes of this title;\n 25. To provide for the discontinuance or disconnection of water or\nsewerage service, or both, as the case may be, for nonpayment of fees,\nrates, rents or other charges therefor imposed by the authority,\nprovided such discontinuance or disconnection of any water or sewerage\nservice, or both, as the case may be, shall not be carried out except in\nthe manner and upon the notice as is required of a waterworks\ncorporation pursuant to subdivisions three-a, three-b and three-c of\nsection eighty-nine-b and section one hundred sixteen of the public\nservice law;\n 26. To act as a county water agency in accordance with the provisions\nof article five-A of the county law;\n 27. For the purposes of article fifteen-A of the executive law only\nthe authority shall be deemed a state agency as that term is defined in\nsuch article and its contracts for procurement, design, construction,\nservices and materials shall be deemed state contracts within the\nmeaning of that term as set forth in such article; and\n 28. To do all things necessary, convenient or desirable to carry out\nits purposes and for all exercise of the powers granted in this title.\n * NB There are 2 § 1199-eeee's\n