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SECTION 1199-EEE
Powers of the authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 8-F
§ 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.