N.Y. Public Authorities Law § 1114-e*2: Powers of the authority

* § 1114-e. Powers of the authority. Except as otherwise limited by

this title, the authority shall have the power to:

1. sue and be sued;

2. have a seal and alter the same at pleasure;

3. borrow money and issue negotiable or non-negotiable notes, bonds,

or other obligations and to provide for the rights of the holders

thereof;

4. 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. 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 and to sell, lease as lessor, transfer or otherwise

dispose of, any real or personal property or any interest therein,

within or without the district, but within the territorial limits of the

town of Oyster Bay or North Hempstead, 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. purchase, in the name of the authority, any water supply system,

including plants, works, instrumentalities or parts thereof and

appurtenances thereto, lands, easements, rights in land and water

rights, rights-of-way, contract rights, franchises, permits, approaches,

connections, dams, wells, pumps, reservoirs, water mains and pipe lines,

pumping stations, treatment facilities, meters, equipment and inventory,

or any other property incidental to and included in such system or part

thereof, 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, or water supply system

or any part thereof situated wholly or partly without the territorial

limits of the district, provided 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 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, 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. construct, improve or rehabilitate water supply facilities required

for the maintenance, development or expansion of water supply sources;

8. operate and manage and to contract for the operation and management

of facilities of the authority;

9. 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. 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;

11. 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. retain or employ counsel, auditors, engineers and private

consultants on a contract basis or otherwise for rendering professional

or technical services and advice;

13. 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. prepare a water supply emergency plan which shall include, but not

be limited to, the following:

(a) establishment of criteria and procedures to determine critical

water levels or safe yield of system;

(b) identification of existing and future sources of water under

normal conditions and emergency conditions;

(c) system capacity and ability to meet peak demand and fire flows

concurrently;

(d) storage capacities;

(e) current condition of present interconnections and identification

of additional interconnections to meet a water supply emergency;

(f) a specific action plan to be followed during a water supply

emergency including a phased implementation of the plan;

(g) general water conservation programs and water use reduction

strategies for water supply users;

(h) prioritization of water users;

(i) identification and availability of emergency equipment needed

during a water supply emergency; and

(j) a public notification program coordinated with the phased

implementation schedule; such plan shall not be adopted until a public

hearing on such plan shall have been held, upon not less than fourteen

days' notice thereof to each customer, either by mail or by publication

once in a newspaper having general circulation within the district;

every five years, such plan shall be reviewed and revised if necessary

after a public hearing, with notice to each customer as aforesaid;

15. 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;

16. 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. obtain, store, treat, distribute, supply and sell water for

domestic, commercial and public purposes at retail to individual

consumers within the district;

18. purchase water from any municipal corporation, town water

district, person, association or corporation;

19. produce, develop, distribute and sell water or water services

within or without the territorial limits of the district; 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;

20. make bylaws for the management and regulation of its affairs and

rules and regulations for the conservation, preservation and protection

of the authority's water supply and, subject to agreements with

bondholders, rules for the sale of water and the collection of rents and

charges therefor. A copy of such rules, regulations and bylaws and any

rules and regulations adopted pursuant to subdivision eleven of this

section, and all amendments thereto, duly certified by the secretary of

the authority shall be filed in the office of the municipalities within

the district and thereafter published once in a newspaper having general

circulation within the district. Violation of such rules and regulations

shall be punishable by fine, not exceeding fifty dollars, or by

imprisonment for not longer than thirty days, or both;

21. 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; however, no

such rates or charges shall be changed until a public hearing on such

changes shall have been held upon not less than fourteen days' notice

thereof to each customer, either by mail or by publication once in a

newspaper having general circulation within the district;

22. enter into cooperative agreements with other authorities,

municipalities, counties, cities, 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, the

conservation, preservation and protection of the authority's water

reserve as it is affected within and outside the authority's supply

area, and, within the territorial limits of the district, to enter into

a contract for the construction, operation and maintenance of a water

supply and distribution system by the authority for any municipality

having power to construct and develop a water supply and distribution

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;

23. provide for the discontinuance or disconnection of the supply of

water for nonpayment of fees, rates, rents or other charges therefor

imposed by the authority, provided such discontinuance or disconnection

of any supply of water 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. contract for, provide and maintain such insurance as it deems

necessary or reasonable to:

(a) secure and protect its real and personal property from fire, theft

or other calamity or loss;

(b) secure and protect it against liability imposed by law for damages

for injuries to persons or property;

(c) secure and protect it against any liability which may be imposed

pursuant to section eighteen of the public officers law; and

(d) secure and protect it against any other liability, casualty or

loss as it deems necessary or reasonable; and

25. 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 § 1114-e's