N.Y. Public Authorities Law § 1196-d: General powers of an authority

§ 1196-d. General powers of an authority. 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.