NY Pub Auth L § 1199-DDDD-2 (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 8-G* - Livingston County Water and Sewer Authority 1199-DDDD*2 - Powers of the Authority.

* § 1199-dddd. 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  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;   6. To purchase or refuse to purchase in the name of the authority, any water or sewerage 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 or sewer 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 prior to the acquisition of any existing water or sewer district, the authority shall discuss and consider the status of current employees of the water or sewer district; and further 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 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 of all public duties with respect to such properties with which such owner was  charged  and  such owner  shall  become  discharged  from the performance thereof, and as a means of so acquiring for such purpose, the authority may  purchase  all of  the  stock  or  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 or sewerage facilities and to pay the costs thereof;   8.  To  operate  and  manage  and  to  contract  for the operation and management of facilities 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 or other persons for the collection, treatment and disposal of sewage;   11. 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;   12.  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;   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. 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;   15.  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;   16.  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;   17.  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;   18.  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;   19.  To  supply  and  sell  water  for domestic, commercial and public purposes at retail to individual consumers within  the  district  or  to collect, treat or discharge sewage produced within the district;   20.  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;   21. 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 municipality, town  water  district,  person, association  or  corporation,  provided, however, that water or 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  in  any  area  which  is served  by  a  water  system  or  sewerage services in any area which is served by a 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 areas;   22. To make bylaws for the management and regulation  of  its  affairs and  rules  and  regulations  for  the  conservation,  preservation  and protection of the authority's water supply and,  subject  to  agreements with  bondholders,  rules  for the sale of water or collection of sewage 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 fifty dollars per violation;   23. 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; provided 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 bounds of the authority;   24.  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 water reserve as it  is  affected  within  and  outside  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 having power  to  construct  and  develop  a  water supply  and  distribution  system or sewerage system or facilities, 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, including the investment of funds;   25. To provide for the discontinuance or disconnection of  the  supply of  water  or  sewerage  service,  or  both,  as  the  case  may be, for nonpayment of fees, rates, rents or other charges  therefor  imposed  by the  authority,  provided  such  discontinuance  or disconnection of any water or sewerage service, or both, as the case may  be,  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;   26.  To act as a county water agency in accordance with the provisions of article five-A of the county law;   27. For the purposes of article fifteen-A of the executive  law  only, the  authority shall be deemed a state agency as that term is defined in such article and its contracts for  procurement,  design,  construction, services  and  materials  shall  be  deemed  state  contracts within the meaning of that term as set forth in such article; and   28. To do all things necessary, convenient or desirable to  carry  out its purposes and for all exercise of the powers granted in this title.   * NB There are 2 § 1199-dddd's