NY Pub Auth L § 1120-D (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 6-B - Clifton Park Water Authority 1120-D - Powers of the Authority.

§ 1120-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 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 without the   consent of the governing body of such municipality;6. To purchase, in the name of the authority, any water 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, 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 have become charged with the performance of all public duties with   respect to such properties with which such owner was  charged  and  such   owner  shall have 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 and to pay the costs thereof;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,   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;9-a.  To enter into cooperative agreements and contracts with the town   of Clifton Park pursuant to article five-G of the general municipal  law   to  render maintenance and repair services to sewer districts located in   the town of Clifton Park.10. 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;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   purposes   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 obtain, store, treat, distribute, supply  and  sell  water  for   domestic,  commercial  and  public  purposes  at  retail  to  individual   consumers within the district;17. To purchase water in bulk from any  person,  private  corporation,   public  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  public  corporation,  town  water  district,   municipality,  person,  association  or  corporation; provided, however,   that water 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 outside of the town (a) without town board approval and (b) 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 services in such served area;19. To make and amend from time to time by-laws for the management and   regulation  of  its  affairs  and  rules   and   regulations   for   the   construction,  preservation  and  protection  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  by-laws,  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 clerk of the town. In addition, the   town board by local law shall have power to prescribe that violation  of    specific by-laws, rules and regulations of the authority, published once   in  a  newspaper  having  a  general  circulation  in the town, 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  maintenance  reserves,  capital  reserves,  repair   reserves,  tax stabilization reserves and other contingency reserves and   all other obligations and indebtedness of the authority;21. To enter  into  cooperative  agreements  with  other  authorities,   municipalities,  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 system by the authority for any   municipality, public corporation  or  water  district  having  power  to   construct  and develop a water 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   purpose necessary or desirable to effect the purposes of this title;22.  To  provide  for  the  discontinuance  or  disconnection of water   service, for non-payment of fees, rates, rents or other charges therefor   imposed by the authority, provided such discontinuance or  disconnection   of  any water service, 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. 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; 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.