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

* §  1199-ee.  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 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;   6.  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 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 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 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 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  services  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 twelve 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, or by imprisonment for not longer than thirty days, or both;   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 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;   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 or sewerage system or  facilities  by  the  authority  for any municipality having power to construct and develop a water supply and distribution 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;   25.  To  provide  for  the discontinuance or disconnection 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 5-A of the county law; and   27.  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-ee's