NY Pub Auth L § 1196-D (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 8-A - New York State Local Water and Sewer Authority Act 1196-D - General Powers of an Authority.

§  1196-d. General powers of an authority. Except as otherwise limited   by this title, an authority shall have 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 to execute all instruments necessary or   convenient  or  desirable for the purposes of the authority to carry out   any powers expressly given it in this title.5. To acquire, by purchase, gift, grant, transfer, contract  or  lease   or  by  condemnation pursuant to the eminent domain procedure law, lease   as lessee, hold, and use any real or personal property or  any  interest   therein, as the authority may deem necessary, convenient or desirable to   carry  out  the  purpose  of  this  title;  provided,  however,  that an   authority may not acquire, condemn or otherwise receive real property of   a municipality without  the  consent  of  the  governing  body  of  such   municipality;6.  To  construct,  improve  or  rehabilitate water supply or sewerage   facilities required for the maintenance,  development  or  expansion  of   water supply sources or sewerage facilities;7.  To  construct, improve or rehabilitate distribution, transmission,   and sewerage facilities;8. To operate and  manage  and  to  contract  for  the  operation  and   management of facilities constructed by the authority;9.  To  enter into contracts, and carry out the terms thereof, for the   wholesale provision of water produced by supply  facilities  constructed   and  operated  by  the  authority,  to  municipalities and private water   companies and to carry out the terms thereof, for  the  transmission  of   water from new or existing supply facilities;10.  To  enter into contracts, with municipalities for the collection,   treatment and disposal of 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  appoint  such  officers and employees as are required for the   performance  of  its  duties,   and   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.  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;14.  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;15.  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; 16.  To  supply  and  sell  water  for domestic, commercial and public   purposes at retail to individual consumers within the  district  and  to   collect,  treat  and discharge sewage produced for such purposes by such   generators;17.  To purchase water in bulk from any person, private corporation or   municipality when necessary or convenient  for  the  operation  of  such   water system;18.  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  municipal  corporation, 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;19. To make bylaws for the management and regulation  of  its  affairs   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 and bylaws, and all amendments thereto,   duly certified by the secretary of the authority shall be filed  in  the   office  of  the sponsoring municipality or municipalities and thereafter   published once in two newspapers having a  general  circulation  in  the   sponsoring municipality or municipalities. Violation of such rules shall   be  punishable  by fine, not exceeding fifty dollars, or by imprisonment   for not longer than thirty days, or both;20. To fix rates and collect charges for the use of the facilities of,   or services rendered by, or any commodities furnished by  the  authority   such  as to provide revenues sufficient at all times to pay, as the same   shall become due, the principal and interest  on  the  bonds,  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 reserves for maintenance, contingencies   and all other obligations and indebtedness of the authority;21. To enter  into  cooperative  agreements  with  other  authorities,   municipalities,  counties,  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 exchange or interchange of services and commodities, and   within the territorial limits of the district to enter into  a  contract   for the construction and operation and maintenance of a water supply and   distribution  or  sewerage  system by the authority for any municipality   having power to construct and develop a water supply and distribution or   sewerage system, 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;22.  To  provide for the discontinuance or disconnection of the supply   of water or the provision of sewerage service, or both, as the case  may   be,  for  non-payment  of  fees,  rates, rents or other charges therefor   imposed by the authority, provided such discontinuance or  disconnection   of any supply of water or the provision of 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; and23.  To  do all things necessary, convenient or desirable to carry out   its purposes and for the exercise of the powers granted in this title.