Section 1199-EE. 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 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 within the
      district, 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 purposes 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.  In
      connection  with  the  acquisition 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 become charged with the performance  of  all  public  duties  with
      respect  to  such  properties with which such owner was charged and such
      owner shall 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, and in the case of
      an acquisition of  properties  from  a  municipality  pursuant  to  this
      provision,  it  may assume the primary responsibility for the payment of
      any bonds or notes issued by such municipality for such properties;
        6. To construct, improve, maintain, develop,  expand  or  rehabilitate
      water facilities;
        7.  To  operate  and  manage  and  to  contract  for the operation and
      management of properties of the authority;
        8. To enter into contracts, and carry out the terms thereof,  for  the
      wholesale  provision of water produced by supply facilities constructed,
      operated or contracted for by the authority, to  municipalities  and  to
      carry  out  the terms thereof, for the transmission of water from new or
      existing supply facilities;
        9. 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;
        10.  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;
    
        11.  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;
        12. 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;
        13. 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;
        14. To purchase water in bulk from any person, private corporation  or
      municipality  when  necessary  or  convenient  for the operation of such
      water system;
        15. To produce, develop, distribute and sell water to the  county  and
      to any municipality within the territorial limits of the district;
        16.  To  make by-laws for the management and regulation of its affairs
      and subject to agreements with bondholders, rules for the sale of  water
      and  the  collection of rates and charges therefor. A copy of such rules
      and by-laws, and all amendments thereto, duly certified by the secretary
      of the authority shall be filed in the office of the county clerk of the
      county.  In  addition,  the  county  legislature  shall  have  power  to
      prescribe that violation of specific by-laws of the authority, published
      once in a newspaper having a general circulation in the county, shall be
      punishable  by fine, not exceeding fifty dollars, or by imprisonment for
      not longer than thirty days, or both;
        17. To fix rates and collect charges for the use of the facilities of,
      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
      reserves  for  maintenance,  contingencies and all other obligations and
      indebtedness of the authority;
        18. To enter  into  cooperative  agreements  with  other  authorities,
      municipalities,  utility companies, individuals, or corporations, within
      or  without  the  territorial  limits   of   the   district,   for   the
      interconnection  of  facilities,  the  exchange or interchange of water,
      and, within the territorial limits of the  district,  to  enter  into  a
      contract  for  the construction and operation and maintenance of a water
      facility by the authority for any municipality having power to construct
      and develop a water facility, 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;
        19.  To act as a county water agency in accordance with the provisions
      of article five-A of the county law;
        20. With the consent of the county  executive,  to  use  officers  and
      employees  of  the county and to pay a proper portion of compensation or
      costs for the services of such officers or employees; and
        21. 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 § 1199-ee's