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

§ 1199-d. Powers of the authority. 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 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 the   authority may not condemn real property of a municipality of  the  state   unless such municipality shall consent thereto;6.  To  purchase,  in the name of the authority, any water facility or   sewerage facility, and any  improvements,  extensions  and  betterments,   situated  wholly  within  the  district,  provided,  however,  that  the   authority shall have the power to purchase any source of supply,  supply   facility 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 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  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 or sewerage facilities;8.  To  operate  and  manage  and  to  contract  for the operation and   management of properties 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   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, and 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, 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 sewerage   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  and   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 or sewerage   services in any area which is served  by  a  water  system  or  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;19. To make by-laws 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 by-laws, 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  county   legislature by local law shall have power to prescribe that violation of   specific  by-laws of the authority, published once in a newspaper having   a general circulation in the county, 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  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  or   sewerage  system  by  the authority for any municipality having power to   construct and develop a water 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  water  or   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 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;23.  To act as a county water agency in accordance with the provisions   of article five-A of the county law; and24. To do all things necessary, convenient or desirable to  carry  out   its purposes and for the exercise of the powers granted in this title.