N.Y. Public Authorities Law § 1199-eee: Powers of the authority

§ 1199-eee. Powers of the authority. Except as otherwise limited by

this title, 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 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 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 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, as the

authority may deem necessary, convenient or desirable to carry out the

purpose of this title and to pay the costs thereof; provided, however,

that the authority may not condemn real property of a municipality

without the consent of the governing body of such municipality.

Provided, however, notwithstanding any provision of the eminent domain

procedure law to the contrary, in any proceeding brought by the

authority to condemn real property pursuant to such law, title shall

vest in the authority and compensation shall be paid only upon (a) a

decision by the supreme court that compensation for the real property

condemned shall be determined solely by the income capitalization method

of valuation based on the actual net income as allowed by the public

service commission, and (b) such supreme court's determination that the

amount of such compensation shall be based on the income capitalization

method, entry of a final judgment, the filing of the final decree and

the conclusion of any appeal or the expiration of the time to file an

appeal related to the condemnation proceeding. If any court shall

utilize any method of compensation other than the income capitalization

method, or if the proposed compensation is more than the rate base of

the assets taken in condemnation, as utilized by the public service

commission in setting rates and as certified by such commission, then

the authority may withdraw the condemnation proceeding without prejudice

or costs to any party;

6. To purchase, in the name of the authority, any water facility,

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 and to pay the costs thereof; provided,

however, that the authority shall have the power to purchase any source

of supply, supply facility, water supply system, or transmission

facility or any part thereof situated wholly or partly without the

territorial limits of the district, provided the 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 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;

7. To construct, improve, maintain, develop, expand or rehabilitate

water facilities and to pay the costs thereof;

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

management of facilities or property of the authority;

9. To enter into contracts, and carry out the terms thereof, for the

wholesale provision of water produced by supply facilities constructed,

owned or 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 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. To 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 of New York, its agencies and

departments 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. 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;

13. With the consent of the governing body of a municipality, to use

officers and employees of such municipality and to pay a proper

proportion of the compensation or costs for the services for such

officers or employees;

14. 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;

15. To prepare a water supply emergency plan which may 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) 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) 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;

16. 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;

17. 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;

18. To obtain, store, treat, distribute, supply and sell water for

domestic, commercial and public purposes at retail to individual

consumers within the district;

19. To purchase water in bulk from any person, private or public

benefit corporation or municipality when necessary or convenient for the

operation of such water system;

20. 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 municipality, 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;

21. To make bylaws for the management and regulation of its affairs

and rules and regulations for the conservation, preservation, protection

and distribution 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 county clerk of the county. In addition, the board of supervisors

by local law shall have power to prescribe that violation of specific

bylaws, rules, or rules and regulations of the authority, published once

in a newspaper having general circulation within the county, shall be

punishable by fine, not exceeding one hundred dollars, or by

imprisonment for not longer than fifteen days, or both;

22. 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 of 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 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;

23. To 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 provision, exchange or interchange of services and

commodities, the conservation, preservation and protection of 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, 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;

24. To 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;

25. To act as a county water agency, pursuant to the provisions of

article five-A of the county law; and

26. To do all things necessary, convenient or desirable to carry out

its purposes and for all exercise of the powers granted in this title.