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This entry was published on 2014-09-22
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Powers of the authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 6-C
* § 1125. 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 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 the
authority may not condemn real property of a municipality without the
consent of the governing body of such municipality;

6. To purchase, in the name of the authority, any water facility or
sewerage facility, 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, supply
facility, water supply system, transmission facility, sewerage system or
sewerage 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 have become charged with the performance of all public duties with
respect to such properties with which such owner was charged and such
owner shall have 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;

7. To construct, improve, maintain, develop, expand or rehabilitate
water facilities or sewerage facilities and to pay the costs thereof;

8. To operate and manage and to contract for the operation and
management of properties 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 enter into contracts with municipalities for the collection,
treatment and disposal of sewerage;

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 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. 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;

13. 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;

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 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 purposes
authorized by this title, the authority being liable only for actual
damage done;

16. 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

17. To obtain, store, treat, distribute, supply and sell water for
domestic, commercial and public purposes at retail to individual
consumers within the district, and to collect, treat and discharge
sewerage for such purposes by such generators;

18. To purchase water in bulk from any person, private corporation,
public corporation or municipality when necessary or convenient for the
operation of such water system;

19. To produce, develop, distribute and sell water or sewerage
services within or without the territorial limits of the district; and
to purchase water from any public corporation, town water district,
municipality, person, association or corporation; provided, however,
that water and sewerage services 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 or sewerage services in any area outside of the town (a)
without town board approval and (b) in any area which is served by a
water, sewerage or water and sewerage 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 or sewerage services, as the case may be, in
such served area;

20. To make and amend from time to time by-laws for the management and
regulation of its affairs and rules and regulations for the
construction, preservation and protection of the authority's water
supply and, subject to agreements with bondholders, rules for the sale
of water or collection of sewerage and the collection of rents and
charges therefor. A copy of such rules, regulations and by-laws, and any
rules and regulations adopted pursuant to subdivision twelve of this
section, and all amendments thereto, duly certified by the secretary of
the authority shall be filed in the office of the clerk of the town. In
addition, the town board by local law shall have power to prescribe that
violation of specific by-laws, rules and regulations of the authority,
published once in a newspaper having a general circulation in the town,
shall be punishable by fine, not exceeding fifty dollars, or by
imprisonment for not longer than thirty days, or both;

21. 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 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;

22. To enter into cooperative agreements with other authorities,
municipalities, 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 or sewerage system by the authority
for any municipality, public corporation or water or sewer district
having power to construct and develop a water or sewer system, as the
case may be, 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 purpose necessary or
desirable to effect the purposes of this title;

23. To provide for the discontinuance or disconnection of water or
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 water service,
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. 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; and

25. 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 § 1125's