NY Pub Auth L § 1199-EEE (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 8-F - Saratoga County Water Authority 1199-EEE - Powers of the Authority.

§  1199-eee.  Powers  of the authority. Except as otherwise limited by this title, the authority shall have the power:   1. To sue and be sued;   2. To have a seal and alter the same at pleasure;   3. To borrow money  and  issue  negotiable  or  non-negotiable  notes, bonds, or other obligations and to provide for the rights of the holders thereof;   4.  To  enter  into contracts and execute all instruments necessary or convenient or desirable for the purposes of the authority to  carry  out any powers expressly given it in this title;   5.  To  acquire, by purchase, gift, grant, transfer, contract or lease or by condemnation pursuant to the eminent domain procedure  law  within the  district,  lease  as  lessee,  hold  and  use and to sell, lease as lessor, transfer or otherwise dispose of, any real or personal  property or  any  interest  therein,  within  or  without  the  district,  as the authority may deem necessary, convenient or desirable to carry  out  the purpose  of  this title and to pay the costs thereof; provided, however, that the authority may not  condemn  real  property  of  a  municipality without  the  consent  of  the  governing  body  of  such  municipality. Provided, however, notwithstanding any provision of the  eminent  domain procedure  law  to  the  contrary,  in  any  proceeding  brought  by the authority to condemn real property pursuant to  such  law,  title  shall vest  in  the  authority  and compensation shall be paid only upon (a) a decision by the supreme court that compensation for  the  real  property condemned shall be determined solely by the income capitalization method of  valuation  based  on  the actual net income as allowed by the public service commission, and (b) such supreme court's determination that  the amount  of such compensation shall be based on the income capitalization method, entry of a final judgment, the filing of the  final  decree  and the  conclusion  of  any appeal or the expiration of the time to file an appeal related to the condemnation  proceeding.    If  any  court  shall utilize  any method of compensation other than the income capitalization method, or if the proposed compensation is more than the  rate  base  of the  assets  taken  in  condemnation,  as utilized by the public service commission in setting rates and as certified by  such  commission,  then the authority may withdraw the condemnation proceeding without prejudice or costs to any party;   6.  To  purchase,  in  the  name of the authority, any water facility, including  plants,  works,  instrumentalities  or  parts   thereof   and appurtenances  thereto,  lands,  easements,  rights  in  land  and water rights, rights-of-way, contract rights, franchises, permits, approaches, connections, dams, wells, pumps, reservoirs, water mains and pipe lines, pumping stations, treatment facilities, meters, equipment and inventory, or any other property incidental to and included in such system or  part thereof,  and  any  improvements,  extensions  and betterments, situated wholly within the district and  to  pay  the  costs  thereof;  provided, however,  that the authority shall have the power to purchase any source of  supply,  supply  facility,  water  supply  system,  or  transmission facility  or  any  part  thereof  situated  wholly or partly without the territorial limits of the district, provided the same shall be necessary in order to supply water within the district; and in connection with the purchase of such properties the authority may assume any obligations  of the  owner  of such properties, and, to the extent required by the terms of any indentures or other instruments under which such obligations were issued, the authority may assume and  agree  to  perform  covenants  and observe  the restrictions contained in such instruments; and furthermore the owner of any  properties,  which  the  authority  is  authorized  to acquire,  is hereby authorized to sell or otherwise transfer the same to  the authority, whereupon the authority shall  become  charged  with  the performance  thereof,  and  as a means of so acquiring for such purpose, the authority may purchase all of the stock of  any  existing  privately owned  water  corporation  or company and in the case of a sale or other transfer of properties of a public utility corporation pursuant to  this provision, upon the purchase of the stock of such corporation or company it  shall  be  lawful  to  dissolve such corporation within a reasonable time;   7. To construct, improve, maintain, develop,  expand  or  rehabilitate water facilities and to pay the costs thereof;   8.  To  operate  and  manage  and  to  contract  for the operation and management of facilities or property of the authority;   9. To enter into contracts, and carry out the terms thereof,  for  the wholesale  provision of water produced by supply facilities constructed, owned or operated by the authority, to municipalities and private  water companies  and  to  carry out the terms thereof, for the transmission of water from new or existing supply facilities;   10. To apply to the appropriate agencies and officials of the federal, state and local governments for such licenses, permits or  approvals  of its  plans  or  projects as it may deem necessary or advisable, and upon such terms and conditions as it may deem appropriate, to accept, in  its discretion  such licenses, permits or approvals as may be tendered to it by such agencies and officials;   11. To take all necessary and reasonable actions within  the  district to  conserve,  preserve  and  protect  the water supply to the district, including the making of plans and studies,  the  adoption  of  watershed rules  and regulations, the enforcing of compliance with all current and future rules and regulations of the state of New York, its agencies  and departments  with  regard  to  water  supply and usage, the requiring of cross-connection controls, the providing  of  educational  material  and programs to the public, and the cooperating with water suppliers outside the  district to conserve, preserve and protect the entire water reserve as it is affected within and outside the authority's supply area;   12. To appoint such officers and employees as  are  required  for  the performance  of  its  duties, to fix and determine their qualifications, duties and compensation, and to  retain  or  employ  counsel,  auditors, engineers,  and private consultants on a contract basis or otherwise for rendering professional or technical services and advice;   13. With the consent of the governing body of a municipality,  to  use officers  and  employees  of  such  municipality  and  to  pay  a proper proportion of the compensation  or  costs  for  the  services  for  such officers or employees;   14.  To  make plans and studies necessary, convenient or desirable for the effectuation of the purposes and powers  of  the  authority  and  to prepare recommendations in regard thereto;   15.  To  prepare  a water supply emergency plan which may include, but not be limited to, the following:  (a) establishment of criteria and  procedures  to  determine  critical water levels or safe yield of system;  (b)  identification  of  existing  and  future  sources of water under normal conditions and emergency conditions;  (c) system capacity and ability to meet peak  demand  and  fire  flows concurrently;  (d) storage capacities;  (e)  current  condition of present interconnections and identification of additional interconnections to meet a water supply emergency;  (f) specific  action  plan  to  be  followed  during  a  water  supply emergency including a phased implementation of the plan;  (g)  general  water  conservation  programs  and  water  use reduction strategies for water supply users;  (h) prioritization of water users;  (i)  identification  and  availability  of  emergency equipment needed during a water supply emergency; and  (j)  public  notification  program   coordinated   with   the   phased implementation  schedule.  Such plan shall not be adopted until a public hearing on such plan shall have been held, upon not less  than  fourteen days'  notice thereof to each customer, either by mail or by publication once in a newspaper having  general  circulation  within  the  district; every  five  years, such plan shall be reviewed and revised if necessary after a public hearing, with notice to each customer as aforesaid;   16. To enter upon such lands, waters or premises as in the judgment of the authority shall be necessary for  the  purpose  of  making  surveys, soundings, borings and examinations to accomplish any purpose authorized by this title, the authority being liable only for actual damage done;   17.  To  apply for and to accept any gifts or grants or loans of funds or property or financial or other aid  in  any  form  from  the  federal government  or  any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source,  for any  or  all  of  the  purposes  specified in this title, and to comply, subject to the provisions of this title, with the terms  and  conditions thereof;   18.  To  obtain,  store,  treat, distribute, supply and sell water for domestic,  commercial  and  public  purposes  at  retail  to  individual consumers within the district;   19.  To  purchase  water  in  bulk  from any person, private or public benefit corporation or municipality when necessary or convenient for the operation of such water system;   20. To produce, develop, distribute and sell water or  water  services within  or  without  the  territorial  limits  of  the  district; and to purchase water from  any  municipality,  town  water  district,  person, association or corporation, provided, however, that water may be sold at retail  to  individual  consumers  only  within the district and further provided that in exercising  the  powers  granted  by  this  title,  the authority  shall  not  sell water in any area which is served by a water system owned or  operated  by  a  municipality  or  special  improvement district  unless  the  governing  body  of such municipality or district shall adopt a resolution requesting the authority to sell water in  such served areas;   21.  To  make  bylaws for the management and regulation of its affairs and rules and regulations for the conservation, preservation, protection and distribution  of  the  authority's  water  supply  and,  subject  to agreements  with  bondholders,  rules  for  the  sale  of  water and the collection of  rents  and  charges  therefor.  A  copy  of  such  rules, regulations and bylaws and any rules and regulations adopted pursuant to subdivision  eleven  of  this  section, and all amendments thereto, duly certified by the secretary of the authority shall be filed in the office of the county clerk of the county. In addition, the board of supervisors by local law shall have power to prescribe that  violation  of  specific bylaws, rules, or rules and regulations of the authority, published once in  a  newspaper  having general circulation within the county, shall be punishable  by  fine,  not  exceeding  one  hundred   dollars,   or   by imprisonment for not longer than fifteen days, or both;   22. To fix rates and collect charges for the use of the facilities of, or  services  rendered by, or any commodities furnished by the authority such as to provide revenues sufficient at all times to pay, as the  same shall  become due, the principal of and interest on the bonds, notes, or  other obligations of the authority  together  with  the  maintenance  of proper reserves therefor, in addition to paying as the same shall become due,  the  expense  of  operating  and maintaining the properties of the authority  together  with proper maintenance reserves, capital reserves, repair  reserves,  tax  stabilization  reserves  and  other  contingency reserves,  and  all other obligations and indebtedness of the authority; however, no such rates or  charges  shall  be  changed  until  a  public hearing on such changes shall have been held upon not less than fourteen days  notice  thereof to each customer, either by mail or by publication once in a newspaper having general circulation within the district;   23. To enter  into  cooperative  agreements  with  other  authorities, municipalities,  counties,  cities,  towns,  villages,  water districts, utility companies, individuals, firms or corporations, within or without the territorial limits  of  the  district  for  the  interconnection  of facilities,  the  provision,  exchange  or  interchange  of services and commodities,  the  conservation,  preservation  and  protection  of  the authority's  supply  area,  and,  within  the  territorial limits of the district, to enter into a contract for the construction,  operation  and maintenance  of  a water supply and distribution system by the authority for any municipality,  upon  such  terms  and  conditions  as  shall  be determined   to  be  reasonable  including,  but  not  limited  to,  the reimbursement of all costs of such construction, or for any other lawful purposes necessary or desirable to effect the purposes of this title;   24. To provide for the discontinuance or disconnection of  the  supply of  water for nonpayment of fees, rates, rents or other charges therefor imposed by the authority, provided such discontinuance or  disconnection of any supply of water shall not be carried out except in the manner and upon  the  notice as is required of a waterworks corporation pursuant to subdivisions three-a, three-b and three-c of section  eighty-nine-b  and section one hundred sixteen of the public service law;   25.  To  act  as  a county water agency, pursuant to the provisions of article five-A of the county law; and   26. To do all things necessary, convenient or desirable to  carry  out its purposes and for all exercise of the powers granted in this title.