Section 1196-D. General powers of an authority  


Latest version.
  • Except as otherwise limited
      by this title, an authority shall have power:
        1. To sue and be sued;
        2. To have a seal and alter the same at pleasure;
        3. To borrow money  and  issue  negotiable  or  non-negotiable  notes,
      bonds, or other obligations and to provide for the rights of the holders
      thereof;
        4. To enter into contracts and to 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 an
      authority may not acquire, condemn or otherwise receive real property of
      a municipality without  the  consent  of  the  governing  body  of  such
      municipality;
        6.  To  construct,  improve  or  rehabilitate water supply or sewerage
      facilities required for the maintenance,  development  or  expansion  of
      water supply sources or sewerage facilities;
        7.  To  construct, improve or rehabilitate distribution, transmission,
      and sewerage facilities;
        8. To operate and  manage  and  to  contract  for  the  operation  and
      management of facilities constructed by the authority;
        9.  To  enter into contracts, and carry out the terms thereof, for the
      wholesale provision of water produced by supply  facilities  constructed
      and  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 sewage;
        11. 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, to accept, in  its
      discretion, such licenses, permits or approvals as may be tendered to it
      by such agencies and officials;
        12.  To  appoint  such  officers and employees as are required for the
      performance  of  its  duties,   and   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;
        13.  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;
        14.  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 purpose authorized
      by this title, the authority being liable only for actual damage done;
        15.  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;
    
        16.  To  supply  and  sell  water  for domestic, commercial and public
      purposes at retail to individual consumers within the  district  and  to
      collect,  treat  and discharge sewage produced for such purposes by such
      generators;
        17.  To purchase water in bulk from any person, private corporation or
      municipality when necessary or convenient  for  the  operation  of  such
      water system;
        18.  To  produce, develop, distribute and sell water or water services
      within or without  the  territorial  limits  of  the  district;  and  to
      purchase  water  from  any  municipal  corporation, town water district,
      person, association or corporation; provided, however, that water 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 in any area  which  is  served  by  a
      water  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 in such
      served areas;
        19. To make bylaws for the management and regulation  of  its  affairs
      and  subject to agreements with bondholders, rules for the sale of water
      or collection  of  sewage  and  the  collection  of  rents  and  charges
      therefor.  A  copy of such rules and bylaws, and all amendments thereto,
      duly certified by the secretary of the authority shall be filed  in  the
      office  of  the sponsoring municipality or municipalities and thereafter
      published once in two newspapers having a  general  circulation  in  the
      sponsoring municipality or municipalities. Violation of such rules shall
      be  punishable  by fine, not exceeding fifty dollars, or by imprisonment
      for not longer than thirty days, or both;
        20. 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,  notes  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 reserves for maintenance, contingencies
      and all other obligations and indebtedness of the authority;
        21. To enter  into  cooperative  agreements  with  other  authorities,
      municipalities,  counties,  towns,  villages,  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 supply and
      distribution  or  sewerage  system by the authority for any municipality
      having power to construct and develop a water supply and distribution or
      sewerage system, 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  purposes  necessary
      or desirable to effect the purposes of this title;
        22.  To  provide for the discontinuance or disconnection of the supply
      of water or the provision of 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 supply of water or the provision of sewerage service, or both, as
      the  case may be, 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; and
        23.  To  do all things necessary, convenient or desirable to carry out
      its purposes and for the exercise of the powers granted in this title.