N.Y. Public Authorities Law § 1199-ee*2: Powers of the authority

* § 1199-ee. Powers of the authority. 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