N.Y. PBA Law § 1114-E*2 — New York Code / Act PBA / Article 5 / Title 5-A*2 / Section 1114-E*2
Powers of the authority
Status: in_force

* § 1114-e. Powers of the authority. Except as otherwise limited by\nthis title, the authority shall have the power to:\n  1. sue and be sued;\n  2. have a seal and alter the same at pleasure;\n  3. borrow money and issue negotiable or non-negotiable notes, bonds,\nor other obligations and to provide for the rights of the holders\nthereof;\n  4. enter into contracts and execute all instruments necessary or\nconvenient or desirable for the purposes of the authority to carry out\nany powers expressly given it in this title;\n  5. acquire, by purchase, gift, grant, transfer, contract or lease or\nby condemnation pursuant to the eminent domain procedure law, lease as\nlessee, hold and use and to sell, lease as lessor, transfer or otherwise\ndispose of, any real or personal property or any interest therein,\nwithin or without the district, but within the territorial limits of the\ntown of Oyster Bay or North Hempstead, as the authority may deem\nnecessary, convenient or desirable to carry out the purpose of this\ntitle; provided, however, that the authority may not condemn real\nproperty of a municipality without the consent of the governing body of\nsuch municipality;\n  6. purchase, in the name of the authority, any water supply system,\nincluding plants, works, instrumentalities or parts thereof and\nappurtenances thereto, lands, easements, rights in land and water\nrights, rights-of-way, contract rights, franchises, permits, approaches,\nconnections, dams, wells, pumps, reservoirs, water mains and pipe lines,\npumping stations, treatment facilities, meters, equipment and inventory,\nor any other property incidental to and included in such system or part\nthereof, and any improvements, extensions and betterments, situated\nwholly within the district, provided, however, that the authority shall\nhave the power to purchase any source of supply, or water supply system\nor any part thereof situated wholly or partly without the territorial\nlimits of the district, provided same shall be necessary in order to\nsupply water within the district and in connection with the purchase of\nsuch properties the authority may assume any obligations of the owner of\nsuch properties and, to the extent required by the terms of any\nindentures or other instruments under which such obligations were\nissued, the authority may assume and agree to perform covenants and\nobserve the restrictions contained in such instruments; and furthermore\nthe owner of any properties, which the authority is authorized to\nacquire, is hereby authorized to sell or otherwise transfer the same to\nthe authority, whereupon the authority shall become charged with the\nperformance of all public duties with respect to such properties with\nwhich such owner was charged and such owner shall become discharged from\nthe performance thereof, as a means of so acquiring for such purpose,\nthe authority may purchase all of the stock of any existing privately\nowned water corporation or company and in the case of a sale or other\ntransfer of properties of a public utility corporation pursuant to this\nprovision, upon the purchase of the stock of such corporation or company\nit shall be lawful to dissolve such corporation within a reasonable\ntime;\n  7. construct, improve or rehabilitate water supply facilities required\nfor the maintenance, development or expansion of water supply sources;\n  8. operate and manage and to contract for the operation and management\nof facilities of the authority;\n  9. enter into contracts, and carry out the terms thereof, for the\nwholesale provision of water produced by supply facilities constructed\nand operated by the authority, to municipalities and private water\ncompanies and to carry out the terms thereof, for the transmission of\nwater from new or existing supply facilities;\n  10. apply to the appropriate agencies and officials of the federal,\nstate and local governments for such licenses, permits or approvals of\nits plans or projects as it may deem necessary or advisable, and upon\nsuch terms and conditions as it may deem appropriate, to accept, in its\ndiscretion, such licenses, permits or approvals as may be tendered to it\nby such agencies and officials;\n  11. take all necessary and reasonable actions within the district to\nconserve, preserve and protect the water supply to the district,\nincluding the making of plans and studies, the adoption of watershed\nrules and regulations, the enforcing of compliance with all current and\nfuture rules and regulations of the state sanitary code with regard to\nwater supply and usage, the requiring of cross-connection controls, the\nproviding of educational material and programs to the public, and the\ncooperating with water suppliers outside the district to conserve,\npreserve and protect the entire water reserve as it is affected within\nand outside the authority's supply area;\n  12. retain or employ counsel, auditors, engineers and private\nconsultants on a contract basis or otherwise for rendering professional\nor technical services and advice;\n  13. make plans and studies necessary, convenient or desirable for the\neffectuation of the purposes and powers of the authority and to prepare\nrecommendations in regard thereto;\n  14. prepare a water supply emergency plan which shall include, but not\nbe limited to, the following:\n  (a) establishment of criteria and procedures to determine critical\nwater levels or safe yield of system;\n  (b) identification of existing and future sources of water under\nnormal conditions and emergency conditions;\n  (c) system capacity and ability to meet peak demand and fire flows\nconcurrently;\n  (d) storage capacities;\n  (e) current condition of present interconnections and identification\nof additional interconnections to meet a water supply emergency;\n  (f) a specific action plan to be followed during a water supply\nemergency including a phased implementation of the plan;\n  (g) general water conservation programs and water use reduction\nstrategies for water supply users;\n  (h) prioritization of water users;\n  (i) identification and availability of emergency equipment needed\nduring a water supply emergency; and\n  (j) a public notification program coordinated with the phased\nimplementation schedule; such plan shall not be adopted until a public\nhearing on such plan shall have been held, upon not less than fourteen\ndays' notice thereof to each customer, either by mail or by publication\nonce in a newspaper having general circulation within the district;\nevery five years, such plan shall be reviewed and revised if necessary\nafter a public hearing, with notice to each customer as aforesaid;\n  15. enter upon such lands, waters, or premises as in the judgment of\nthe authority shall be necessary for the purpose of making surveys,\nsoundings, borings and examinations to accomplish any purpose authorized\nby this title, the authority being liable only for actual damage done;\n  16. apply for and to accept any gifts or grants or loans of funds or\nproperty or financial or other aid in any form from the federal\ngovernment or any agency or instrumentality thereof, or from the state\nor any agency or instrumentality thereof, or from any other source, for\nany or all of the purposes specified in this title, and to comply,\nsubject to the provisions of this title, with the terms and conditions\nthereof;\n  17. obtain, store, treat, distribute, supply and sell water for\ndomestic, commercial and public purposes at retail to individual\nconsumers within the district;\n  18. purchase water from any municipal corporation, town water\ndistrict, person, association or corporation;\n  19. produce, develop, distribute and sell water or water services\nwithin or without the territorial limits of the district; provided,\nhowever, that water may be sold at retail to individual consumers only\nwithin the district and further provided that in exercising the powers\ngranted by this title, the authority shall not sell water in any area\nwhich is served by a water system owned or operated by a municipality or\nspecial improvement district unless the governing body of such\nmunicipality or district shall adopt a resolution requesting the\nauthority to sell water in such served areas;\n  20. make bylaws for the management and regulation of its affairs and\nrules and regulations for the conservation, preservation and protection\nof the authority's water supply and, subject to agreements with\nbondholders, rules for the sale of water and the collection of rents and\ncharges therefor. A copy of such rules, regulations and bylaws and any\nrules and regulations adopted pursuant to subdivision eleven of this\nsection, and all amendments thereto, duly certified by the secretary of\nthe authority shall be filed in the office of the municipalities within\nthe district and thereafter published once in a newspaper having general\ncirculation within the district. Violation of such rules and regulations\nshall be punishable by fine, not exceeding fifty dollars, or by\nimprisonment for not longer than thirty days, or both;\n  21. fix rates and collect charges for the use of the facilities of, or\nservices rendered by, or any commodities furnished by the authority such\nas to provide revenues sufficient at all times to pay, as the same shall\nbecome due, the principal and interest on the bonds, or other\nobligations of the authority together with the maintenance of proper\nreserves therefor, in addition to paying as the same shall become due,\nthe expense of operating and maintaining the properties of the authority\ntogether with proper maintenance reserves, capital reserves, repair\nreserves, tax stabilization reserves and other contingency reserves, and\nall other obligations and indebtedness of the authority; however, no\nsuch rates or charges shall be changed until a public hearing on such\nchanges shall have been held upon not less than fourteen days' notice\nthereof to each customer, either by mail or by publication once in a\nnewspaper having general circulation within the district;\n  22. enter into cooperative agreements with other authorities,\nmunicipalities, counties, cities, towns, villages, water districts,\nutility companies, individuals, firms or corporations, within or without\nthe territorial limits of the district for the interconnection of\nfacilities, the exchange or interchange of services and commodities, the\nconservation, preservation and protection of the authority's water\nreserve as it is affected within and outside the authority's supply\narea, and, within the territorial limits of the district, to enter into\na contract for the construction, operation and maintenance of a water\nsupply and distribution system by the authority for any municipality\nhaving power to construct and develop a water supply and distribution\nsystem, upon such terms and conditions as shall be determined to be\nreasonable including, but not limited to the reimbursement of all costs\nof such construction, or for any other lawful purposes necessary or\ndesirable to effect the purposes of this title;\n  23. provide for the discontinuance or disconnection of the supply of\nwater for nonpayment of fees, rates, rents or other charges therefor\nimposed by the authority, provided such discontinuance or disconnection\nof any supply of water shall not be carried out except in the manner and\nupon the notice as is required of a waterworks corporation pursuant to\nsubdivisions three-a, three-b and three-c of section eighty-nine-b and\nsection one hundred sixteen of the public service law;\n  24. contract for, provide and maintain such insurance as it deems\nnecessary or reasonable to:\n  (a) secure and protect its real and personal property from fire, theft\nor other calamity or loss;\n  (b) secure and protect it against liability imposed by law for damages\nfor injuries to persons or property;\n  (c) secure and protect it against any liability which may be imposed\npursuant to section eighteen of the public officers law; and\n  (d) secure and protect it against any other liability, casualty or\nloss as it deems necessary or reasonable; and\n  25. do all things necessary, convenient or desirable to carry out its\npurposes and for the exercise of the powers granted in this title.\n  * NB There are 2 § 1114-e's\n
N.Y. PBA Law § 1114-K*2 — New York Code / Act PBA / Article 5 / Title 5-A*2 / Section 1114-K*2
Bonds; legal investments for fiduciaries
Status: in_force

* § 1114-k. Bonds; legal investments for fiduciaries. The bonds of the\nauthority are hereby made securities in which all public officials and\nbodies of the state and all municipalities, all insurance companies and\nassociations and other persons carrying on an insurance business, all\nbanks, bankers, trust companies, savings banks and savings associations,\nincluding savings and loan associations, investment companies and other\npersons carrying on a banking business, and administrators, guardians,\nexecutors, trustees and other fiduciaries and all other persons\nwhatsoever, who are now or may hereafter be authorized to invest in\nbonds or other obligations of the state, may properly and legally invest\nfunds including capital in their control or belonging to them. The bonds\nare also hereby made securities which may be deposited with and may be\nreceived by all public officers and bodies of the state and all\nmunicipalities for any purposes for which the deposit of bonds or other\nobligations of the state is now or hereafter may be authorized.\n  * NB There are 2 § 1114-k's\n
N.Y. PBA Law § 1114-O*2 — New York Code / Act PBA / Article 5 / Title 5-A*2 / Section 1114-O*2
Conflicts of interest of members of the board of directors and officers and employees of the authority
Status: in_force

* § 1114-o. Conflicts of interest of members of the board of directors\nand officers and employees of the authority. No member of the board of\ndirectors or officer or employee of the authority shall have any\ninterest in any contract, or take any action or otherwise involve\nhimself or herself in any activity which, pursuant to article eighteen\nof the general municipal law, would be deemed a conflict of interest for\na municipal officer or employee holding a position with a municipality\nsimilar to the position held by the member, officer or employee with the\nauthority.\n  * NB There are 2 § 1114-o's\n
N.Y. PBA Law § 1114-F*2 — New York Code / Act PBA / Article 5 / Title 5-A*2 / Section 1114-F*2
Transfer of officers and employees
Status: in_force

* § 1114-f. Transfer of officers and employees. Any public officer or\nemployee under civil service, selected by the authority may, with the\nconsent of the commission, board, department or municipality by which he\nor she has been employed, be transferred to the authority and shall be\neligible for such transfer and appointment without examination to\ncomparable offices, positions and employment under the authority. The\nsalary or compensation of any such officer or employee shall after such\ntransfer be paid by the authority, but notwithstanding the provisions of\nthis title, any such officers or employees so transferred to the\nauthority, pursuant to the provisions of this section, who are members\nof or beneficiaries under any existing pension or retirement system,\nshall continue to have all rights, privileges, obligations and status\nwith respect to such fund system or systems as are now prescribed by\nlaw, but during the period of their employment by the authority, all\ncontributions to any pension or retirement fund or system to be paid by\nthe employer on account of such officers and employees, shall be paid by\nthe authority; and all such officers and employees who have been\nappointed to positions under the rules and classifications of the civil\nservice commission shall have the same status with respect thereto after\ntransfer to the authority as they had under their original appointments.\nThe appointment and promotion of all employees of the authority shall be\nmade in accordance with the provisions of the civil service law and such\nrules as the civil service commission may adopt and make applicable to\nthe authority.\n  * NB There are 2 § 1114-f's\n
N.Y. PBA Law § 1114-I*2 — New York Code / Act PBA / Article 5 / Title 5-A*2 / Section 1114-I*2
State and municipalities not liable on authority bonds
Status: in_force

* § 1114-i. State and municipalities not liable on authority bonds.\nNeither the state nor any municipality shall be liable on the bonds of\nthe authority and such bonds shall not be a debt of the state or of any\nmunicipality.\n  * NB There are 2 § 1114-i's\n
N.Y. PBA Law § 1114-R*2 — New York Code / Act PBA / Article 5 / Title 5-A*2 / Section 1114-R*2
Effect of inconsistent provisions
Status: in_force

* § 1114-r. Effect of inconsistent provisions. Insofar as the\nprovisions of this title are inconsistent with the provisions of any\nother law, general, special or local, or of any charter or any local\nordinance or resolution of any municipality, the provisions of this\ntitle shall be controlling, provided that nothing contained in this\nsection shall be held to supplement or otherwise expand the powers or\nduties of the authority otherwise set forth in this title. Nothing\ncontained in this title shall be held to alter or abridge the powers and\nduties of the department of environmental conservation or the department\nof health.\n  * NB There are 2 § 1114-r's\n
N.Y. PBA Law § 1114-D*2 — New York Code / Act PBA / Article 5 / Title 5-A*2 / Section 1114-D*2
Water authority of North Shore
Status: in_force

* § 1114-d. Water authority of North Shore. 1. A corporation known as\n"water authority of North Shore" is hereby created for the purposes and\ncharged with the duties and having the powers provided in this title.\nThe authority shall be a corporate governmental agency constituting a\npublic benefit corporation and shall be a "public district" for the\npurposes of section eighty-nine of the public service law. The authority\nshall be governed by a board of directors consisting of six members. The\ngoverning boards of the villages of Old Brookville, Sea Cliff, Roslyn\nHarbor, and the City of Glen Cove shall each appoint one member. The\ngoverning board of the Town of Oyster Bay shall appoint two members\nrepresenting the residents of the unincorporated hamlets of Glen Head\nand Glenwood Landing who are serviced by the water authority of North\nShore. Each member shall serve for a period of two years. Each chief\nexecutive officer shall file with the secretary of state a certificate\nof appointment or reappointment of any member appointed or reappointed\nby such chief executive within thirty days of the appointment or\nreappointment. Members shall receive no compensation for their services\nbut shall be entitled to reimbursement of their necessary expenses,\nincluding traveling expenses, incurred in the discharge of their duties.\nNothing in this section shall be construed as preventing a chief\nexecutive officer of a municipality from appointing himself or herself\nto be a member of the board of directors.\n  2. If the authority decides to enter into a contract to purchase or\notherwise acquire an interest in the New York American water service\ncorporation or to initiate a condemnation proceeding pursuant to the\neminent domain procedure law for the area it services within the water\nauthority of North Shore district, prior to entering into any contract\nto purchase or otherwise acquire an interest in the New York American\nwater service corporation or the initiation of any condemnation\nproceeding by the authority pursuant to the eminent domain procedure law\nfor the area it services within the water authority of North Shore\ndistrict, the authority shall provide ratepayers within the area\nserviced by the New York American water service corporation and the\npublic with public forums for the expression and discussion of views\nregarding such purchase, acquisition or condemnation of the New York\nAmerican water service corporation. The authority shall hold at least\none forum in each of the towns of North Hempstead, Oyster Bay, and city\nof Glen Cove within the portions of the towns of North Hempstead and\nOyster Bay and the city of Glen Cove serviced by the New York American\nwater service corporation.\n  3. If the authority decides to enter into a contract to purchase or\notherwise acquire an interest in the New York American water service\ncorporation or to initiate a condemnation proceeding pursuant to the\neminent domain procedure law for the area it services within the water\nauthority of North Shore district, the authority is authorized to\nprovide registered voters within the area serviced by the New York\nAmerican water service corporation within the water authority of North\nShore district prior to entering into such contract to purchase or\notherwise acquire an interest in the New York American water service\ncorporation or the initiation of any condemnation proceeding by the\nauthority pursuant to the eminent domain procedure law for the area the\nNew York American water service corporation services within the water\nauthority of North Shore district, with a nonbinding referendum,\nregarding whether the authority should enter into a contract to purchase\nor otherwise acquire an interest in the New York American water service\ncorporation or initiate condemnation proceedings pursuant to the eminent\ndomain procedure law for the area it services within the water authority\nof North Shore district. The proposition shall be placed on the ballot\nand voted upon at a special election or a date to be determined by the\nNassau county board of elections.\n  4. Any one or more of the members of the board of directors may be an\nofficial or an employee of a municipality situated within the district.\nIn the event that an official or an employee of such municipality shall\nbe elected as a member of the board of directors, acceptance or\nretention of such appointment shall not be deemed a forfeiture of his or\nher municipal office or employment, or incompatible therewith or affect\nhis or her tenure or compensation in any way.\n  5. No action shall be taken by the authority except pursuant to the\nfavorable vote of fifty-one percent of the total authorized voting\nstrength of the board of directors. The total authorized voting strength\nof the board of directors shall be:\n  (a) The number of weighted votes possessed by each member of the board\nof directors shall be determined in accordance with paragraphs (b), (c)\nand (d) of this subdivision, except each member shall possess equal\nweighted votes prior to the adjustment pursuant to paragraph (d) of this\nsubdivision;\n  (b) No action shall be taken by the authority except pursuant to the\nfavorable vote of at least: (i) fifty-one percent of the total\nauthorized voting strength of the board of directors; and (ii) three\nmembers of the board of directors, at least two of whom shall be from\namong the four members of the board of directors possessing the greatest\nnumber of weighted votes;\n  (c) The vote of each member shall be equal to one hundred multiplied\nby a fraction, the numerator of which shall be equal to the quantity of\nwater supplied by the authority to the owners, tenants, occupants and\nother water users in the municipality from which such member was\nappointed and the denominator of which shall be equal to the quantity of\nwater supplied by the authority to the owners, tenants, occupants and\nother water users in all of the municipalities within the district; and\n  (d) Commencing on the first day of January, two thousand twenty-three,\nand every four years thereafter, the authorized number of votes of each\nmember shall be adjusted in accordance with the formula set forth in\nparagraph (c) of this subdivision to reflect the total quantity of water\nsupplied by the authority to owners, tenants, occupants and other water\nusers in each municipality within the district during the two calendar\nyears immediately preceding the date on which the adjustment is being\nmade.\n  6. The powers of the authority shall be vested in and shall be\nexercised by the board of directors at a meeting duly called and held.\nFour members of the board of directors, who together are authorized to\ncast a majority of the weighted vote, shall constitute a quorum. The\nboard of directors may delegate to one or more of its members, or to one\nor more of the officers, agents or employees of the authority, such\npowers and duties as it may deem proper.\n  7. The officers of the authority shall consist of a chairperson, vice\nchairperson, deputy chairperson, treasurer, and secretary, who shall not\nbe members of the board of directors. The officers of the authority\nshall be appointed by the board of directors. The board of directors may\nappoint and at its pleasure remove an attorney and an engineer, which\npositions, in addition to the officers above named, shall be in the\nexempt class of the civil service and such additional officers and\nemployees as it may require for the performance of its duties, fix and\ndetermine their qualifications, duties, compensations and terms of\noffice or tenure, subject to the provisions of the civil service law of\nthe state and such rules as the civil service commission may adopt and\nmake applicable to the authority. The authority may also from time to\ntime contract for expert professional services. The duties of the\nofficers shall be as follows:\n  (a) Chairperson. The chairperson shall be the chief executive officer\nof the authority and it shall be the responsibility of the chairperson\nto:\n  (i) preside at all meetings of the board of directors and of the\nofficers;\n  (ii) manage the water facility, the transmission facility and the\ndistribution system and to effectuate the decisions of the board of\ndirectors;\n  (iii) exercise supervision over the conduct of the officers and\nemployees of the authority;\n  (iv) report annually to each customer, either by mail or by\npublication once in a newspaper having general circulation within the\ndistrict; such report shall include but not be limited to the following\ninformation:\n  (1) a brief financial account on operations of the water system\nincluding, but not limited to, water rates, total revenues, operating\nand maintenance expenses, and interest on bonds and notes;\n  (2) the population served by the authority;\n  (3) the number of wells, towers and other storage facilities operated\nby the authority;\n  (4) the total pumpage of groundwater including the amount received\nthrough interdistrict interconnections and the estimated amount lost\nfrom the system;\n  (5) the single highest level from each well of each synthetic organic\nchemical, nitrate and chloride constituent tested for by the authority\nat any time during the year which exceeds the applicable county water\nquality standard or guideline, that standard or guideline, the site of\neach well at which each reported constituent was found, and the date on\nwhich each reported constituent was analyzed;\n  (6) the highest level from each well of each synthetic organic\nchemical, nitrate and chloride constituent tested for by the authority\nat any time during the year which does not exceed the applicable county\nwater standard or guideline, but which contains a level equal to or\ngreater than two-thirds of the amount permitted before exceeding a\nstandard or guideline, that standard or guideline, the site of each well\nat which each reported constituent was found and the date on which each\nreported constituent was analyzed;\n  (7) once every five years, the highest level of any constituent\ndiscovered within the distribution system which contains a level equal\nto or greater than two-thirds of the amount permitted before exceeding a\nstandard or guideline, that standard or guideline, and the resulting\naction taken by the authority;\n  (8) any well restricted, removed from service or otherwise limited in\nits use and the cause for such action;\n  (9) any actions taken to secure new supplies or replace lost capacity;\n  (10) the types of treatment which the water receives before entering\nthe distribution system;\n  (11) any compliance activities required by regulations of the\ndepartment of environmental conservation or the department of health or\nany local health department and any instances of noncompliance;\n  (12) the present condition of the distribution system and any\nsignificant actions, as determined by the authority, to improve or\nmaintain the system;\n  (13) any special public services the authority provides during the\nyear; and\n  (14) information on water conservation measures customers can\nimplement, such as, but not limited to, retrofitting plumbing fixtures,\naltering irrigation timing, using irrigation sensors, leak detection,\nproper use of water-consuming appliances, daily conscientious use of\nwater and estimated savings of water, energy, and money, from use of\nthese measures;\n  (v) execute all contracts in the name of the authority;\n  (vi) institute, at the direction of the board of directors, all civil\nactions in the name of the authority;\n  (vii) provide for the enforcement of all of the rules and regulations\nof the authority and cause all violations thereof to be prosecuted;\n  (viii) sign orders to pay claims when authorized by the board of\ndirectors;\n  (ix) sign checks in the absence or inability of the treasurer or\ndeputy treasurer, if any, when authorized by the board of directors; and\na certified copy of a resolution of the board of directors to that\neffect shall be notice to the depository of such authorization;\n  (x) appoint, subject to the approval of the board of directors,\nnonelected officers, counsel, accountants, and other financial advisors,\nengineers and other technical advisors;\n  (xi) employ, promote and discharge managers, supervisors and\nemployees; and\n  (xii) take all other reasonable and necessary actions to carry out his\nor her office as the chief executive of the authority. If the\nchairperson has not been appointed as a member of the board of directors\nof the authority pursuant to this section, such chairperson shall be\ndeemed an ex officio member of the board of directors. Such status shall\nnot carry with it the right to vote on matters coming before the board\nof directors nor shall the presence of such chairperson be counted for\nthe purpose of determining a quorum.\n  (b) Vice chairperson. The vice chairperson shall perform all duties\ndelegated to him or her by the chairperson and, in the absence or during\nthe disability of the chairperson, the vice chairperson shall act as\nchairperson.\n  (c) Deputy chairperson. The deputy chairperson shall perform all\nduties delegated to him or her by the chairperson or the vice\nchairperson.\n  (d) Secretary. (i) The secretary shall be the recording and\ncorresponding officer of the authority and the custodian of the records\nof the authority.\n  (ii) The secretary shall prepare and send required notices of all\nmeetings when directed to do so by the chairperson or by the written\nrequest of four members who have specified the issues to be discussed at\nthe meeting.\n  (iii) In the absence or disability of the secretary, the chairperson\nmay appoint a temporary secretary.\n  (e) Treasurer. (i) The treasurer shall have custody of all moneys\nbelonging to the authority and keep accounts of all receipts and\nexpenditures in conformance with a uniform system of accounts formulated\nand prescribed by the comptroller pursuant to section thirty-six of the\ngeneral municipal law.\n  (ii) The treasurer shall execute a bond, conditioned upon the faithful\nperformance of the duties of his or her office, the amount and\nsufficiency of which shall be approved by the board of directors and the\npremium therefor shall be paid by the authority.\n  (iii) The treasurer shall deposit, within ten days after receipt\nthereof, in the name of the authority, in one or more banks, and/or\ntrust companies, designated by the board of directors, all moneys\nreceived by him or her.\n  (iv) The treasurer may sign checks with the facsimile signature of the\ntreasurer, as reproduced by a machine or device commonly known as a\nchecksigner, when authorized by the board of directors.\n  (v) The treasurer shall pay out moneys from the authority treasury\nonly as authorized by the board of directors and by law. All such\npayments, except as may be authorized by the board of directors for a\npetty cash account, shall be by check.\n  (vi) The treasurer shall issue a report on the finances of the\nauthority at each regular meeting of the board of directors.\n  (vii) The treasurer shall file in the office of the authority, within\nsixty days after the end of the fiscal year, a statement showing in\ndetail all revenues and expenditures during the previous fiscal year and\nthe outstanding indebtedness of the authority as of the end of the\nfiscal year. The members shall, within ten days, cause to be published\nonce in a newspaper having general circulation within the district, a\nnotice that the annual financial statement has been filed and is\navailable for inspection or a summary of such statement in a form\napproved by the comptroller, with an endorsement thereon that details\nthereof are on file in the office of the authority. The members shall\ncause to be audited by a certified public accountant engaged for that\npurpose, such report and supporting records.\n  8. The terms of the chairperson, vice chairperson and deputy\nchairperson first appointed shall be staggered, the chairperson first\nappointed shall serve for a period of four years, the vice chairperson\nfirst appointed shall serve for a period of three years and the deputy\nchairperson first appointed shall serve for a period of two years;\nthereafter their successors shall serve for terms of four years. The\nremaining officers shall each serve terms of one year. The board of\ndirectors shall have the right, at any time, to extend any such term,\nfor a period of months, to provide that such term terminates\ncontemporaneously with the end of the fiscal year of the authority.\n  9. The officers of the authority shall receive such compensation for\ntheir services as shall be fixed by the board of directors and shall be\nreimbursed for all necessary and actual expenses incurred in connection\nwith their duties as such officers and in connection with the carrying\nout of the purposes of this title.\n  10. The authority and its corporate existence shall continue until\nterminated by law; provided, however, that no such law shall take effect\nso long as the authority shall have bonds or other obligations\noutstanding unless adequate provision has been made for the payment or\nsatisfaction thereof. Upon termination of the existence of the\nauthority, all of the rights and properties of the authority then\nremaining shall pass to and vest in the municipalities within the\ndistrict. Such property shall be apportioned and distributed among the\nmunicipalities within the district in direct proportion to their\nweighted voting on the date of the termination of the authority.\n  11. In addition to any powers granted to it by law, the governing body\nof each of the municipalities within the district, from time to time,\nmay appropriate sums of money to defray project costs or any other costs\nand expenses of the authority. Subject to the rights of bondholders,\neach governing body may determine if the moneys so appropriated shall be\nsubject to repayment by the authority to the municipalities, and in such\nevent, the manner and time or times for such repayment.\n  12. Neither the public service commission nor any other board or\ncommission of like character, shall have jurisdiction over the authority\nin the management and control of its properties or operations or any\npower over the regulation of rates fixed or charges collected by the\nauthority.\n  13. It is hereby determined and declared that the authority and the\ncarrying out of its powers, purposes and duties are in all respects for\nthe benefit of the people of the municipalities within the district and\nstate, for the improvement of their health, welfare and prosperity and\nthat the said purposes are public purposes and that the authority is and\nwill be performing an essential governmental function in the exercise of\nthe powers conferred upon it by this title.\n  * NB There are 2 § 1114-d's\n
N.Y. PBA Law § 1114-J*2 — New York Code / Act PBA / Article 5 / Title 5-A*2 / Section 1114-J*2
Moneys of the authority
Status: in_force

* § 1114-j. Moneys of the authority. All moneys of the authority from\nwhatever source derived shall be paid to the treasurer and shall be\ndeposited forthwith in one or more banks and/or trust companies in the\nstate designated by the authority. The moneys in such accounts shall be\npaid out on checks of the treasurer upon requisition by the chairperson\nof the authority or of such other officer or officers as the authority\nmay authorize to make such requisitions. All deposits of such moneys\nshall be secured by obligations of or guaranteed by the United States of\nAmerica or of the state of a market value equal at all times to the\namount on deposit and all banks and trust companies are authorized to\ngive such security for such deposits. Any moneys of the authority not\nrequired for immediate use or disbursement may, at the discretion of the\nauthority, be invested in those obligations specified pursuant to the\nprovisions of section ninety-eight-a of the state finance law. The\nauthority shall have power, notwithstanding the provisions of this\nsection, to contract with the holders of any bonds as to the custody,\ncollection, security, investment and payment of any moneys of the\nauthority or any moneys held in trust or otherwise for the payment of\nbonds or in any way to secure bonds. Moneys held in trust or otherwise\nfor the payment of bonds or in any way to secure bonds and deposits of\nsuch moneys may be secured in the same manner as moneys of the authority\nand all banks and trust companies are authorized to give such security\nfor such deposits.\n  * NB There are 2 § 1114-j's\n
N.Y. PBA Law § 1114-L*2 — New York Code / Act PBA / Article 5 / Title 5-A*2 / Section 1114-L*2
Agreement with the state
Status: in_force

* § 1114-l. Agreement with the state. The state does hereby pledge to\nand agree with the holders of any bonds issued by the authority pursuant\nto this title that the state will not alter or limit the rights hereby\nvested in the authority to fulfill the terms of any agreement made with\nor for the benefit of the holders of bonds or in any way impair the\nrights and remedies of bondholders until the bonds together with the\ninterest thereon, with interest on any unpaid installments of interest,\nand all costs and expenses in connection with any action or proceeding\nby or on behalf of such holders, are fully met and discharged. The\nauthority is authorized to include this pledge and agreement of the\nstate in any agreement with bondholders.\n  * NB There are 2 § 1114-l's\n
N.Y. PBA Law § 1114-M*2 — New York Code / Act PBA / Article 5 / Title 5-A*2 / Section 1114-M*2
Exemption from taxes, assessments and certain fees; payments in lieu of taxes
Status: in_force

* § 1114-m. Exemption from taxes, assessments and certain fees;\npayments in lieu of taxes. 1. It is hereby determined that the creation\nof the authority and the carrying out of its corporate purposes is in\nall respects for the benefit of the people of the state and is a public\npurpose, and the authority shall be regarded as performing a\ngovernmental function in the exercise of the powers conferred upon it by\nthis title and shall not be required to pay any taxes, special ad\nvalorem levies or special assessments upon any real property owned by it\nor any filing, recording or transfer fees or taxes in relation to\ninstruments filed, recorded or transferred by it or on its behalf.\n  2. The authority may pay, or may enter into agreements with any\nmunicipality to pay, a sum or sums annually or otherwise or to provide\nother considerations to such municipality with respect to real property\nowned by the authority located within such municipality and constituting\na part of its water system.\n  3. Any bonds issued pursuant to this title together with the income\ntherefrom shall be exempt from taxation except for transfer and estate\ntaxes. The revenues, moneys and all other property and all activities of\nthe authority shall be exempt from all taxes and governmental fees or\ncharges, whether imposed by the state or any municipality, including\nwithout limitation real estate taxes, income taxes, franchise taxes,\nsales taxes or other excise taxes.\n  4. The state hereby covenants with the purchasers and with all\nsubsequent holders and transferees of bonds issued by the authority\npursuant to this title, in consideration of the acceptance of and\npayment for the bonds, that the bonds of the authority issued pursuant\nto this title and the income therefrom shall be exempt from such\ntaxation, as stated in subdivision three of this section, and that all\nrevenues, moneys, and other property pledged to secure the payment of\nsuch bonds shall at all times be free from such taxes as stated in such\nsubdivision.\n  5. Notwithstanding the provisions of subdivisions one through four of\nthis section, nothing herein shall prevent the state from assessing a\ntax or surcharge against the water customers based on their water\nconsumption, provided, however, that all such taxes and surcharges and\nthe authority's obligation to collect and pay such taxes and surcharges\nshall be subordinate to the rights of holders of all of the authority's\nbonds and notes and to the payment of principal, premiums if any, and\ninterest thereon.\n  * NB There are 2 § 1114-m's\n
N.Y. PBA Law § 1114-B*2 — New York Code / Act PBA / Article 5 / Title 5-A*2 / Section 1114-B*2
Definitions
Status: in_force

* § 1114-b. Definitions. As used or referred to in this title, unless\na different meaning clearly appears from the context:\n  1. "Authority" shall mean the corporation created by section eleven\nhundred fourteen-d of this title.\n  2. "Board of directors" shall mean the governing board of the\nauthority.\n  3. "Bonds" shall mean the bonds, notes or other evidences of\nindebtedness issued by the authority pursuant to this title.\n  4. "Calendar year" shall mean the twelve month period from January\nfirst through December thirty-first.\n  5. "Chief executive officer" when referring to a municipality shall\nmean the chief elected official of such municipality and, when referring\nto the authority, shall mean the chairperson of the authority.\n  6. "Civil service commission" shall mean the civil service commission\nof the county of Nassau.\n  7. "Comptroller" shall mean the comptroller of the state of New York.\n  8. "Construction" shall mean the negotiation, acquisition, erection,\nbuilding, alteration, improvement, testing, increase, enlargement,\nextension, reconstruction, interconnection, renovation or rehabilitation\nof a water facility as defined in this section; the inspection and\nsupervision thereof; and the engineering, architectural, legal,\nappraisal, fiscal, economic and environmental investigations, services\nand studies, surveys, designs, plans, working drawings, specifications,\nprocedures and other actions incidental thereto.\n  9. "Costs", as applied to any project, shall include the cost of\nconstruction, the cost of the acquisition of all property, including\nboth real, personal and mixed, the cost of demolishing, removing or\nrelocating any buildings or structures on lands so acquired including\nthe cost of acquiring any land to which such buildings or structures may\nbe moved or relocated, the cost of all systems, facilities, machinery,\napparatus and equipment, financing charges and bond discount, interest\nto the extent not paid or provided for from revenues or other sources,\nthe cost of engineering and architectural surveys, plans and\nspecifications, bond insurance, bond credit enhancement arrangements,\nother expenses necessary or incidental to the construction of such\nproject and the financing of the construction thereof, including the\ncost of legal and financial advices and credit arrangements with banks\nor other financial institutions, the amount authorized in the resolution\nof the authority providing for the issuance of bonds to be paid into any\nreserve or special fund from the proceeds of such bonds and the\nfinancing of the placing of any project in operation, including the\nreimbursement to any municipality, state agency, the state, the United\nStates government, or any other person for expenditures made by them\nthat would be costs of the project hereunder, notwithstanding the fact\nthat such expenditures may have been incurred prior to the effective\ndate of this title.\n  10. "County" shall mean the county of Nassau.\n  11. "Distribution system" shall mean the water facility or facilities\nemployed to deliver water from a transmission facility, or where there\nis no transmission facility, from a supply facility, to the ultimate\nconsumers of water.\n  12. "District" shall mean the water authority of North Shore water\ndistrict created by section eleven hundred fourteen-c of this title.\n  13. "Governing body" shall mean:\n  (a) in the case of a city, county, town or village or district\ncorporation, the finance board as such term is defined in the local\nfinance law; or\n  (b) in the case of a public benefit corporation, the members thereof.\n  14. "Members" shall mean the members of the board of directors.\n  15. "Municipality" shall mean any city, county, town, village or\ncounty or town acting on behalf of an improvement district.\n  16."Real property" shall mean lands, structures, franchises and\ninterests in land, waters, lands under water, groundwater riparian\nrights and air rights and any and all things and rights customarily\nincluded within the term "real property" and includes not only fee\nsimple absolute, but also any and all lesser interests including, but\nnot limited to, easements, rights of way, uses, leases, licenses and all\nother incorporeal hereditaments and every estate, interest or right,\nlegal or equitable, including terms for years and liens thereon by way\nof judgments, mortgages or otherwise.\n  17. "State sanitary code" shall mean regulations adopted pursuant to\nsection two hundred twenty-five of the public health law.\n  18. "State" shall mean state of New York.\n  19. "State agency" shall mean any state office, public benefit\ncorporation, department, board, commission, bureau or division, or other\nagency or instrumentality of the state.\n  20. "Supply facility" shall mean a water facility employed to make\ngroundwater or surface water available for delivery into a transmission\nfacility or distribution system.\n  21. "System revenues" shall mean all rates, rents, fees, charges,\npayments and other income and receipts derived from users of the\nauthority without limiting the generality of the foregoing, investment\nproceeds and proceeds of insurance, condemnation, sales or other\ndispositions of assets, together with all federal, state or municipal\naid as well as any other income derived from the operation of the water\nfacility of the authority.\n  22. "Transmission facility" shall mean a water facility used to carry\nwater from a supply facility to a distribution system.\n  23. "Treasurer" shall mean the treasurer of the authority.\n  24. "Water facility" or "water facilities" shall mean any plants,\nstructures and other real and personal property acquired, rehabilitated\nor constructed for the purpose of supplying, transmitting, distributing\nor treating water, including but not limited to surface or groundwater\nreservoirs, basins, dams, canals, aqueducts, standpipes, conduits,\npipelines, mains, pumping stations, water distribution systems,\ncompensating reservoirs, intake stations, waterworks or sources of water\nsupply, wells, purification or filtration plants or other treatment\nplants and works, connections, water meters, rights of flowage or\ndiversion and other plants, structures, equipment, towers, conveyances,\nreal or personal property or rights therein and appurtenances thereto\nnecessary or useful and convenient for the accumulation, supply,\ntransmission, treatment or distribution of water.\n  25. "Water project" shall mean any water facility, including the\nplanning, development, financing or construction thereof.\n  26. "Watershed rules" shall mean the rules and regulations made by the\ndepartment of health pursuant to section eleven hundred of the public\nhealth law.\n  * NB There are 2 § 1114-b's\n
N.Y. PBA Law § 1114-Q*2 — New York Code / Act PBA / Article 5 / Title 5-A*2 / Section 1114-Q*2
Separability clause
Status: in_force

* § 1114-q. Separability clause. If any section, clause or provision\nin this title shall be held by a competent court to be unconstitutional\nor ineffective in whole or in part, to the extent that it is not\nunconstitutional or ineffective, it shall be valid and effective, and no\nother section, clause or provision shall on account thereof be deemed\ninvalid or ineffective.\n  * NB There are 2 § 1114-q's\n
N.Y. PBA Law § 1114-G*2 — New York Code / Act PBA / Article 5 / Title 5-A*2 / Section 1114-G*2
Bonds of the authority
Status: in_force

* § 1114-g. Bonds of the authority. 1. The authority shall have the\npower and is hereby authorized from time to time to issue bonds, in\nconformity with applicable provisions of the uniform commercial code, in\nsuch principal amounts as it may determine to be necessary to pay the\ncost of any water project or projects or for any other corporate\npurposes, including incidental expenses in connection therewith. The\nauthority shall have power from time to time to refund any bonds by the\nissuance of new bonds whether the bonds to be refunded have or have not\nmatured, and may issue bonds partly to refund bonds then outstanding and\npartly for any other corporate purpose. Bonds issued by the authority\nmay be general obligations secured by the faith and credit of the\nauthority or may be special obligations payable solely out of particular\nrevenues or other moneys of the authority as may be designated in the\nproceedings of the authority under which the bonds shall be authorized\nto be issued, subject to any agreements with the holders of outstanding\nbonds pledging particular revenues or moneys.\n  2. The authority is authorized to obtain from any department or agency\nof the United States of America or nongovernmental insurer any insurance\nor guaranty, or any other credit enhancement arrangement with any bank\nor other financial institution to the extent now or hereafter available,\nas to, or for the payment or repayment of interest or principal, or\nboth, or any part thereof, on any bonds issued by the authority and to\nenter into any agreement or contract with respect to any such insurance\nor guaranty, except to the extent that the same would in any way impair\nor interfere with the ability of the authority to perform and fulfill\nthe terms of any agreement made with the holders of the bonds of the\nauthority.\n  3. Bonds shall be authorized by resolution of the authority, and may\nbe in such denominations and bear such date or dates and mature at such\ntime or times as such resolution may provide except that bonds and any\nrenewal thereof shall mature within forty years of the date of their\noriginal issuance and notes and any renewal thereof shall mature within\nfive years of the date of their original issuance. Such bonds shall be\nsubject to such terms of redemption, bear interest at such rate or\nrates, which may vary from time to time, as may be necessary to effect\nthe sale thereof and shall be payable at such times, be in such form,\ncarry such registration privileges, be executed in such manner, be\npayable in such medium of payment at such place or places, and be\nsubject to such terms and conditions as such resolution may provide.\nBonds may be sold at public sale or at private sale for such price or\nprices as the authority shall determine, provided that no issue of bonds\nmay be sold at private sale unless the terms of such sale shall have\nbeen approved in writing by:\n  (a) the comptroller, where such sale is not to the comptroller; or\n  (b) the director of the division of the budget of the state, where\nsuch sale is to the comptroller.\n  4. Any resolution or resolutions authorizing bonds or any issue of\nbonds by the authority may contain provisions which may be part of the\ncontract with the holders of the bonds thereby authorized as to:\n  (a) pledging all or part of its revenues, together with any other\nmoneys, securities, contracts or property, to secure the payment of the\nbonds, subject to such agreements with bondholders as may then exist;\n  (b) the rates, rentals, fees and other charges to be fixed and\ncollected and the amounts to be raised in each year thereby, and the use\nand disposition of the earnings and other revenues;\n  (c) the setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (d) limitations on the purpose to which the proceeds from the sale of\nbonds may be applied;\n  (e) limitations on the right of the authority to restrict and regulate\nthe use of any project or part thereof in connection with which bonds\nare issued;\n  (f) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and the refunding of outstanding or\nother bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, including the proportion of\nbondholders which shall consent thereto and the manner in which such\nconsent may be given;\n  (h) the creation of special funds into which any revenues or other\nmoneys may be deposited;\n  (i) the terms and provisions of any trust, deed or indenture securing\nthe bonds under which the bonds may be issued;\n  (j) vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine, which may include\nany or all of the rights, powers and duties of the trustee appointed by\nthe bondholders pursuant to section eleven hundred fourteen-h of this\ntitle and limiting or abrogating the rights of the bondholders to\nappoint a trustee under such section or limiting the rights, duties and\npowers of such trustee;\n  (k) defining the acts or omissions to act which may constitute a\ndefault in the obligations and duties of the authority to the\nbondholders and providing for the rights and remedies of the bondholders\nin the event of such default, including as a matter of right the\nappointment of a receiver, provided, however, that such rights and\nremedies shall not be inconsistent with the general laws of the state\nand other provisions of this title;\n  (l) limitations on the power of the authority to sell or otherwise\ndispose of any system or any part thereof or other property;\n  (m) limitations on the amount of revenues and other moneys to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (n) the protection and enforcement of the rights and remedies of the\nbondholders;\n  (o) the obligations of the authority in relation to the construction,\nmaintenance, operation, repairs and insurance of the properties, the\nsafeguarding and application of all moneys and as to the requirements\nfor the supervision and approval of consulting engineers in connection\nwith construction, reconstruction and operation;\n  (p) the payment of the proceeds of bonds, revenues and other moneys to\na trustee or other depository, and for the method of disbursement\nthereof with such safeguards and restrictions as the authority may\ndetermine; and\n  (q) any other matters of like or different character which in any way\naffect the security or protection of the bonds or the rights and\nremedies of bondholders.\n  5. In addition to the powers herein conferred upon the authority to\nsecure its bonds, the authority shall have power in connection with the\nissuance of bonds to enter into such agreements as the authority may\ndeem necessary, consistent or desirable concerning the use or\ndisposition of its revenues or other moneys or property, including\nremarketing agreements or other similar agreements for the bonds, the\nmortgaging of any property and the entrusting, pledging or creation of\nany other security interest in any such revenues, moneys, or property\nand the doing of any act, including refraining from doing any act, which\nthe authority would have the right to do in the absence of such\nagreements. The authority shall have power to enter into amendments of\nany such agreements within the powers granted to the authority by this\ntitle and to perform such agreements. The provisions of any such\nagreements may be made a part of the contract with the holders of bonds\nof the authority.\n  6. Any provision of the uniform commercial code to the contrary\nnotwithstanding, any pledge of or other security interest in revenues,\nmoneys, accounts, contract rights, general intangibles or other personal\nproperty made or created by the authority shall be valid, binding and\nperfected from the time when such pledge is made or other security\ninterest attaches without any physical delivery of the collateral or\nfurther act, and the lien of any such pledge or other security interest\nshall be valid, binding and perfected against all parties having claims\nof any kind in tort, contract or otherwise against the authority\nirrespective of whether or not such parties have notice thereof. No\ninstrument by which such a pledge or security interest is created nor\nany financing statement need be recorded or filed.\n  7. Whether or not the bonds of the authority are of such form and\ncharacter as to be negotiable instruments under the terms of the uniform\ncommercial code, the bonds are hereby made negotiable instruments within\nthe meaning of and for all purposes of the uniform commercial code,\nsubject only to the provisions of the bonds for registration.\n  8. Neither the members of the board of directors nor the officers of\nthe authority nor any person executing bonds shall be liable personally\nthereon or be subject to any personal liability or accountability solely\nby reason of the issuance thereof.\n  9. The authority, subject to such agreements with bondholders as then\nmay exist, shall have power out of any moneys available therefor to\npurchase bonds of the authority in lieu of redemption, at a price not\nexceeding:\n  (a) if the bonds are then redeemable, the redemption price then\napplicable, plus accrued interest to the next interest payment date; or\n  (b) if the bonds are not then redeemable, the redemption price then\napplicable on the first date after such purchase upon which the bonds\nbecome subject to redemption plus accrued interest to the next interest\npayment date.\n  10. The authority shall have power and is hereby authorized to issue\nnegotiable bond anticipation notes in conformity with applicable\nprovisions of the uniform commercial code and may renew the same from\ntime to time but the maximum maturity of any such note, including\nrenewals thereof, shall not exceed five years from the date of issue of\nsuch original note. Such notes shall be paid from any moneys of the\nauthority available therefor and not otherwise pledged or from the\nproceeds of sale of the bonds of the authority in anticipation of which\nthey were issued. The notes shall be issued in the same manner as the\nbonds and such notes and the resolution or resolutions authorizing the\nsame may contain any provisions, conditions or limitations which the\nbonds or bond resolution of the authority may contain. Such notes may be\nsold at public sale or, upon the approval of the comptroller of the\nterms thereof, at private sale. Such notes shall be as fully negotiable\nas the bonds of the authority.\n  * NB There are 2 § 1114-g's\n
N.Y. PBA Law § 1114-H*2 — New York Code / Act PBA / Article 5 / Title 5-A*2 / Section 1114-H*2
Remedies of bondholders
Status: in_force

* § 1114-h. Remedies of bondholders. 1. In the event that the\nauthority shall default in the payment of principal of or interest on\nany issue of the bonds after the same shall become due, whether at\nmaturity or upon call for redemption, and such default shall continue\nfor a period of thirty days, or in the event that the authority shall\nfail or refuse to comply with the provisions of this title, or shall\ndefault in any agreement made with the holders of any issue of the\nbonds, the holders of twenty-five per centum in aggregate principal\namount of the bonds of such issue then outstanding, by instrument or\ninstruments filed in the office of the clerk of the applicable county\nand proved or acknowledged in the same manner as a deed to be recorded,\nmay appoint a trustee to represent the holders of such bonds for the\npurposes herein provided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds outstanding\nshall, in his or her own name:\n  (a) by action or proceeding in accordance with the civil practice law\nand rules, enforce all rights of the bondholders and require the\nauthority to carry out any other agreements with the holders of such\nbonds and to perform its duties under this title;\n  (b) bring an action or proceeding upon such bonds;\n  (c) by action or proceeding, require the authority to account as if it\nwere the trustee of an express trust for the holders of such bonds;\n  (d) by action or proceeding, enjoin any acts or things which may be\nunlawful or in violation of the rights of the holders of such bonds; and\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good, then with the consent of the holders of twenty-five per\ncentum of the principal amount of such bonds then outstanding, annul\nsuch declaration and its consequences.\n  3. Such trustee shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incidental to the general\nrepresentation of bondholders in the enforcement and protection of their\nrights.\n  4. The state supreme court, county of Nassau and the state shall have\njurisdiction of any action or proceeding by the trustee on behalf of\nsuch bondholders.\n  5. Before declaring the principal of bonds due and payable, the\ntrustee shall first give thirty days' notice in writing to the\nauthority.\n  * NB There are 2 § 1114-h's\n
N.Y. PBA Law § 1114-P*2 — New York Code / Act PBA / Article 5 / Title 5-A*2 / Section 1114-P*2
Construction and purchase contracts
Status: in_force

* § 1114-p. Construction and purchase contracts. The authority shall\nlet contracts for construction or purchase of supplies, materials, or\nequipment pursuant to section one hundred three of the general municipal\nlaw. Nothing in this section shall be construed to limit the power of\nthe authority to do any construction directly by the officers, agents\nand employees of the authority or to contract with a public utility, for\na term not to exceed five years, for the operation and maintenance of a\nwater supply system acquired from said public utility.\n  * NB There are 2 § 1114-p's\n
N.Y. PBA Law § 1114-S*2 — New York Code / Act PBA / Article 5 / Title 5-A*2 / Section 1114-S*2
Acquisition by eminent domain
Status: in_force

* § 1114-s. Acquisition by eminent domain. Notwithstanding any\nprovision of the eminent domain procedure law to the contrary, in any\nproceeding brought by the authority pursuant to said law, title shall\nvest in the authority and compensation shall be paid only:\n  1. upon a decision by the supreme court that compensation for the\nproperty so condemned shall be determined solely by the income\ncapitalization method of valuation, based on the actual net income as\nallowed by the public service commission, and\n  2. upon such court's determination of the amount of such compensation,\nbased upon the income capitalization method, entry of the final\njudgment, the filing of the final decree, and the conclusion of any\nappeal or expiration of the time to file an appeal related to the\ncondemnation proceeding. Should any court determine that a method of\ncompensation other than the income capitalization method be utilized, or\nif the proposed award is more than the rate base of the assets taken in\ncondemnation as utilized by the public service commission in setting\nrates and as certified by the public service commission, the authority\nmay withdraw the condemnation proceeding without prejudice or costs to\nany party.\n  * NB There are 2 § 1114-s's\n
N.Y. PBA Law § 1114-N*2 — New York Code / Act PBA / Article 5 / Title 5-A*2 / Section 1114-N*2
Actions against the authority
Status: in_force

* § 1114-n. Actions against the authority. 1. Except in an action for\nwrongful death, no action or proceeding shall be prosecuted or\nmaintained against the authority for personal injury or damage to real\nor personal property alleged to have been sustained by reason of the\nnegligence or wrongful act of the authority or any member, officer,\nagent or employee thereof, unless:\n  (a) a notice of claim shall have been made and served upon the\nauthority within the time limit by and in compliance with section\nfifty-e of the general municipal law;\n  (b) it shall appear by and as an allegation in the complaint or moving\npapers that at least thirty days have elapsed since the service of such\nnotice and that adjustment or payment thereof has been neglected or\nrefused;\n  (c) the action or proceeding shall be commenced within one year and\nninety days after the happening of the event upon which the claim is\nbased; and\n  (d) An action against the authority for wrongful death shall be\ncommenced in accordance with the notice of claim and time limitation\nprovisions of title eleven of article nine of this chapter.\n  2. Wherever a notice of claim is served upon the authority, it shall\nhave the right to demand an examination of the claimant relative to the\noccurrence and extent of the injuries or damages for which claim is\nmade, in accordance with the provisions of section fifty-h of the\ngeneral municipal law.\n  3. The authority may require any person presenting for settlement an\naccount or claim for any cause whatsoever against the authority to be\nsworn before a member, counsel, or an attorney, officer or employee\nthereof designated for such purpose, concerning such account or claim\nand when so sworn, to answer orally as to any facts relative to such\naccount or claim. The authority shall have power to settle or adjust all\nclaims in favor of or against the authority.\n  4. The rate of interest to be paid by the authority or the water board\nupon any judgment for which it is liable, other than a judgment against\nthe authority on its bonds, shall not exceed the rate of interest on\njudgments and accrued claims against municipal corporations as provided\nin the general municipal law from time to time. Interest on payments of\nprincipal or interest on any bonds in default shall accrue at the rate\nborne by such bonds from the due date thereof until paid or otherwise\nsatisfied.\n  * NB There are 2 § 1114-n's\n
N.Y. PBA Law § 1114-C*2 — New York Code / Act PBA / Article 5 / Title 5-A*2 / Section 1114-C*2
Water authority of North Shore district
Status: in_force

* § 1114-c. Water authority of North Shore district. There is hereby\ncreated a district to be known as the "water authority of North Shore\ndistrict" which shall be defined as all that portion of Nassau county\nbeing serviced by the New York American water service corporation as its\nsea cliff operations district as of January first, two thousand eighteen\nand lying north of the area serviced by Jericho water district.\n  * NB There are 2 § 1114-c's\n
N.Y. PBG Law § 455 — New York Code / Act PBG / Article 13 / Title 52 / Section 455
Rye Housing Authority
Status: in_force

§ 455. Rye Housing Authority.  A municipal housing authority, to be\nknown as the Rye Housing Authority, is hereby created and established\nfor the city of Rye in the county of Westchester, for the accomplishment\nof any or all of the purposes specified in article eighteen of the\nconstitution of the state of New York. It shall constitute a body\ncorporate and politic, be perpetual in duration and consist of five\nmembers. It shall have the powers and duties now or hereafter conferred\nby this chapter upon municipal housing authorities. It shall be\norganized in the manner prescribed by and subject to the provisions of\nthis chapter, and the authority, its members, officers and employees and\nits operations and activities shall in all respects be governed by the\nprovisions of this chapter.\n
N.Y. PBA Law § 1114-A*2 — New York Code / Act PBA / Article 5 / Title 5-A*2 / Section 1114-A*2
Short title
Status: in_force

* § 1114-a. Short title. This title may be cited as the "Water\nAuthority of North Shore Act".\n  * NB There are 2 § 1114-a's\n