Section 1125. Powers of the authority  


Latest version.
  • The authority shall have the power:
        1. To sue and be sued;
        2. To have a seal and alter the same at pleasure;
        3. To borrow money and issue bonds or other obligations and to provide
      for the rights of the holders thereof;
        4.  To  enter  into contracts and execute all instruments necessary or
      convenient or desirable for the purposes of the authority to  carry  out
      any powers expressly given it in this title;
        5.  To  acquire, by purchase, gift, grant, transfer, contract or lease
      or by condemnation pursuant to the eminent domain procedure  law,  lease
      as  lessee,  hold, and use any real or personal property or any interest
      therein, as the authority may deem necessary, convenient or desirable to
      carry out  the  purpose  of  this  title;  provided  however,  that  the
      authority  may  not  condemn real property of a municipality without the
      consent of the governing body of such municipality;
        6. To purchase, in the name of the authority, any  water  facility  or
      sewerage  facility,  and  any  improvements, extensions and betterments,
      situated  wholly  within  the  district,  provided,  however,  that  the
      authority  shall have the power to purchase any source of supply, supply
      facility, water supply system, transmission facility, sewerage system or
      sewerage facility or any part thereof situated wholly or partly  without
      the  territorial  limits  of  the  district,  provided the same shall be
      necessary  in  order  to  supply  water  within  the  district;  and  in
      connection  with  the  purchase  of  such  properties, the authority may
      assume any obligations of the owner  of  such  properties  and,  to  the
      extent  required  by  the  terms  of any indentures or other instruments
      under which such obligations were issued, the authority may  assume  and
      agree  to  perform  covenants  and observe the restrictions contained in
      such instruments; and furthermore, the owner of  any  properties,  which
      the  authority is authorized to acquire, is hereby authorized to sell or
      otherwise transfer the same to the authority,  whereupon  the  authority
      shall have become charged with the performance of all public duties with
      respect  to  such  properties with which such owner was charged and such
      owner shall have become discharged from the performance thereof, and  as
      a means of so acquiring for such purpose, the authority may purchase all
      of  the  stock  of  any  existing  privately  owned water corporation or
      company and in the case of a sale or other transfer of properties  of  a
      public utility corporation pursuant to this provision, upon the purchase
      of  the  stock  of  such  corporation  or  company it shall be lawful to
      dissolve such corporation within a reasonable time;
        7. To construct, improve, maintain, develop,  expand  or  rehabilitate
      water facilities or sewerage facilities and to pay the costs thereof;
        8.  To  operate  and  manage  and  to  contract  for the operation and
      management of properties of the authority;
        9. To enter into contracts, and carry out the terms thereof,  for  the
      wholesale  provision of water produced by supply facilities constructed,
      owned or operated by the authority, to municipalities and private  water
      companies  and  to  carry out the terms thereof, for the transmission of
      water from new or existing supply facilities;
        10. To enter into contracts with municipalities  for  the  collection,
      treatment and disposal of sewerage;
        11.  To  take all necessary and reasonable actions within the district
      to conserve, preserve and protect the  water  supply  to  the  district,
      including  the  making  of  plans and studies, the adoption of watershed
      rules and regulations, the enforcing of compliance with all current  and
      future  rules  and regulations of the state sanitary code with regard to
      water supply and usage, the requiring of cross-connection controls,  the
      providing  of  educational  material and programs to the public, and the
    
      cooperating with water  suppliers  outside  the  district  to  conserve,
      preserve  and  protect the entire water reserve as it is affected within
      and outside the authority's supply area;
        12. To apply to the appropriate agencies and officials of the federal,
      state  and  local governments for such licenses, permits or approvals of
      its plans or projects as it may deem necessary or  advisable,  and  upon
      such  terms and conditions as it may deem appropriate, and to accept, in
      its discretion, such licenses, permits or approvals as may  be  tendered
      to it by such agencies and officials;
        13.  To  appoint  such  officers and employees as are required for the
      performance of its duties, to fix and  determine  their  qualifications,
      duties  and  compensation,  and  to  retain or employ counsel, auditors,
      engineers, and private consultants on a contract basis or otherwise  for
      rendering professional or technical services and advice;
        14.  To  make plans and studies necessary, convenient or desirable for
      the effectuation of the purposes and powers  of  the  authority  and  to
      prepare recommendations in regard thereto;
        15. To enter upon such lands, waters or premises as in the judgment of
      the  authority  shall  be  necessary  for the purpose of making surveys,
      soundings,  borings  and  examinations  to   accomplish   any   purposes
      authorized  by  this  title,  the authority being liable only for actual
      damage done;
        16. To apply for and to accept any gifts or grants or loans  of  funds
      or  property  or  financial  or  other  aid in any form from the federal
      government or any agency or instrumentality thereof, or from  the  state
      or  any  agency or instrumentality thereof or from any other source, for
      any or all of the purposes specified  in  this  title,  and  to  comply,
      subject  to  the provisions of this title, with the terms and conditions
      thereof;
        17. To obtain, store, treat, distribute, supply  and  sell  water  for
      domestic,  commercial  and  public  purposes  at  retail  to  individual
      consumers within the district,  and  to  collect,  treat  and  discharge
      sewerage for such purposes by such generators;
        18.  To  purchase  water in bulk from any person, private corporation,
      public corporation or municipality when necessary or convenient for  the
      operation of such water system;
        19.  To  produce,  develop,  distribute  and  sell  water  or sewerage
      services within or without the territorial limits of the  district;  and
      to  purchase  water  from  any  public corporation, town water district,
      municipality, person, association  or  corporation;  provided,  however,
      that  water  and  sewerage  services may be sold at retail to individual
      consumers  only  within  the  district  and  further  provided  that  in
      exercising  the  powers  granted  by this title, the authority shall not
      sell water or sewerage services in any area  outside  of  the  town  (a)
      without  town  board  approval  and (b) in any area which is served by a
      water, sewerage or water and sewerage system  owned  or  operated  by  a
      municipality  or  special improvement district unless the governing body
      of such municipality or district shall adopt a resolution requesting the
      authority to sell water or sewerage services, as the  case  may  be,  in
      such served area;
        20. To make and amend from time to time by-laws for the management and
      regulation   of   its   affairs   and  rules  and  regulations  for  the
      construction, preservation  and  protection  of  the  authority's  water
      supply  and,  subject to agreements with bondholders, rules for the sale
      of water or collection of sewerage  and  the  collection  of  rents  and
      charges therefor. A copy of such rules, regulations and by-laws, and any
      rules  and  regulations  adopted  pursuant to subdivision twelve of this
      section, and all amendments thereto, duly certified by the secretary  of
    
      the  authority shall be filed in the office of the clerk of the town. In
      addition, the town board by local law shall have power to prescribe that
      violation of specific by-laws, rules and regulations of  the  authority,
      published  once in a newspaper having a general circulation in the town,
      shall be  punishable  by  fine,  not  exceeding  fifty  dollars,  or  by
      imprisonment for not longer than thirty days, or both;
        21. To fix rates and collect charges for the use of the facilities of,
      or  services  rendered by, or any commodities furnished by the authority
      such as to provide revenues sufficient at all times to pay, as the  same
      shall  become  due,  the  principal  and  interest on the bonds or other
      obligations of the authority together with  the  maintenance  of  proper
      reserves  therefor,  in  addition to paying as the same shall become due
      the expense of operating and maintaining the properties of the authority
      together with proper  maintenance  reserves,  capital  reserves,  repair
      reserves,  tax stabilization reserves and other contingency reserves and
      all other obligations and indebtedness of the authority;
        22. To enter  into  cooperative  agreements  with  other  authorities,
      municipalities,  water  districts, utility companies, individuals, firms
      or corporations,  within  or  without  the  territorial  limits  of  the
      district,  for  the  interconnection  of  facilities,  the  exchange  or
      interchange of services and  commodities,  and  within  the  territorial
      limits of the district to enter into a contract for the construction and
      operation and maintenance of a water or sewerage system by the authority
      for  any  municipality,  public  corporation  or water or sewer district
      having power to construct and develop a water or sewer  system,  as  the
      case may be, upon such terms and conditions as shall be determined to be
      reasonable  including  but not limited to the reimbursement of all costs
      of such construction, or for  any  other  lawful  purpose  necessary  or
      desirable to effect the purposes of this title;
        23.  To  provide  for  the discontinuance or disconnection of water or
      sewerage service, or both, as the case may be, for non-payment of  fees,
      rates,  rents  or  other  charges  therefor  imposed  by  the authority,
      provided such discontinuance or  disconnection  of  any  water  service,
      shall  not be carried out except in the manner and upon the notice as is
      required of a waterworks corporation pursuant to  subdivisions  three-a,
      three-b  and  three-c  of  section eighty-nine-b and section one hundred
      sixteen of the public service law;
        24. With the consent of the governing body of a municipality,  to  use
      officers  and  employees  of  such  municipality  and  to  pay  a proper
      proportion of the compensation  or  costs  for  the  services  for  such
      officers or employees; and
        25.  To  do all things necessary, convenient or desirable to carry out
      its purposes and for the exercise of the powers granted in this title.
        * NB There are 2 § 1125's