NY Pub Auth L § 1078 (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 4 - Suffolk County Water Authority 1078 - Powers.

§  1078.  Powers.  The  powers and duties of the authority shall be as follows:   1. To sue and be sued.   2. To have a seal and alter the same.   3. To acquire, in the name of the authority, lease, hold  and  dispose of  property  or  any  interest  therein  for  its  corporate  purposes, including the power to  purchase  prospective  or  tentative  awards  in connection  with  the  exercise of the power of condemnation hereinafter granted.   4. (a) To purchase, in the name of the  authority,  any  water  supply system,    water   distribution   system,   including   plants,   works, instrumentalities or parts thereof  and  appurtenances  thereto,  lands, easements,  rights  in  land  and  water rights, rights-of-way, contract rights, franchises, approaches,  connections,  dams,  reservoirs,  water mains  and  pipe  lines,  pumping  stations  and equipment, or any other property incidental to and included in such system or part thereof,  and any improvements, extensions and betterments, situated wholly within the county  for  the purpose of supplying water for domestic, commercial and public purposes at retail to individual consumers within the  county  of Suffolk  or  at wholesale in the manner provided by subdivision seven of this section as a means of so acquiring for such purposes,  and  subject to  the  approval  of  the  public service commission, the authority may purchase all  of  the  stock  of  any  existing  privately  owned  water corporation  or  company, and thereafter, within a reasonable time, such water corporation or company shall be dissolved.  (b) To condemn in the name of the authority, except where  located  in another  county,  any  water  supply  system, water distribution system, including  plants,  works,  instrumentalities,  or  parts  thereof   and appurtenances  thereto,  lands,  easements,  rights  in  land  and water rights,  rights-of-way,   contract   rights,   franchises,   approaches, connections,  dams,  reservoirs,  water  mains  and  pipe lines, pumping stations and equipment, or any other property incidental to and included in such system or part thereof, and  any  improvements,  extensions  and betterments  for the purpose of supplying water for domestic, commercial and public purposes at retail to individual consumers within the  county of  Suffolk  or at wholesale in the manner provided by subdivision seven of this section. The authority shall exercise the power of  condemnation hereby  granted in the manner provided either by the condemnation law or by the Suffolk county improvement act. In the exercise of such power  of condemnation,  the  property  being  condemned  shall be deemed, when so determined by the authority, to be for a  public  use  superior  to  the public   use   in  the  hands  of  any  other  person,  association,  or corporation, provided, however, that the authority shall have  no  power to condemn property the legal title to which is vested in a municipality unless such municipality shall consent thereto.  (c)  To  construct, develop and operate any water supply system, water distribution system,  including  plants,  works,  instrumentalities,  or parts thereof, and appurtenances thereto, dams, reservoirs, water mains, pipe  lines,  pumping  stations  and  equipment,  or  any other property incidental to or included in such system  or  part  thereof  within  the county  of  Suffolk,  and  to  acquire,  by  condemnation  in the manner provided by this title, or by purchase, lands, easements, rights in land and water rights and rights-of-way in connection therewith  within  such county;  and to own and operate, maintain, repair, improve, reconstruct, enlarge and extend, subject to the provisions of this title, any of  its properties  acquired  or  constructed  under  this  title, all of which, together with the acquisition of such properties are hereby declared  to be public purposes.  (d)  To  acquire,  hold, use, lease, sell, transfer and dispose of any property,  real,  personal  or  mixed,  or  interest  therein,  for  its corporate purposes.   5.  To  purchase water in bulk from any person, private corporation or municipality when necessary or convenient  for  the  operation  of  such water  supply  and  distribution  system.  To  sell water in bulk to any not-for-profit corporation, public corporation, private  corporation  or person at its regular retail rates.   6.  To  fix, alter, charge and collect rates and other charges for the use of water by  the  inhabitants  of  the  county  or  other  consumers thereof,  at  reasonable rates to be determined by the authority for the purpose of providing for the payment of the expenses of  the  authority, the  construction, improvement, repair, maintenance and operation of the water supply and distribution system of the authority,  the  payment  of the  principal  of and interest on the obligations of the authority, and to fulfill the terms and provisions of  any  agreements  made  with  the purchasers or holders of any such obligations.   7.  To  sell water by volume to any or all municipalities or privately owned public water supply and distribution systems in such  county.  The fact  that  any  municipality  has  procured  or  is about to procure an independent source of water supply shall not prevent  such  municipality from purchasing water from the authority. Subject to the approval of the board  of  supervisors of Suffolk county to sell any water not needed in such county to any municipality or privately owned public  water  supply and distribution system outside of the county in which created. Not only may  the  authority sell any surplus water it may have developed, but it may, with the consent of such board of supervisors, develop and  provide a sufficient amount of water so as to supply water outside of the county to   any  municipality  or  privately  owned  public  water  supply  and distribution system.   8.  To  make  contracts  and  execute  all  instruments  necessary  or convenient.   9.  To  make  by-laws for the management and regulation of its affairs and the regulation of and the charges made for water sold.   10. To appoint officers, agents and employees.   11. To enter upon any lands, waters and premises for  the  purpose  of making surveys, soundings, drillings and examinations.   12. To enter into cooperative agreements with other water authorities, municipalities,   or  utility  companies,  for  the  interconnection  of facilities, the exchange or inter-change of services and commodities  or for  any  other  lawful  purposes  necessary  or desirable to effect the purposes of this title, provided, however, that any such agreement  with a  municipality located in a county, other than Suffolk county, shall be subject to the approval of the board of supervisors of such  county,  if any.   12-a.  To  enter  into  a  contract  or  contracts  with  the board of supervisors of Suffolk county  for  the  acquisition,  construction  and development  of  a  water supply and distribution system, or any part or parts thereof, on behalf of a county water district, and to contract for the operation and management of  such  county  water  district,  all  as provided  in  article five-a of the county law and article five-b of the general municipal law. Such water authority shall be deemed the agent of Suffolk county under any such contract. If such contract shall authorize the water authority to purchase supplies or equipment  or  to  construct public  works,  such authority shall be subject to all provisions of law to which Suffolk county would be subject in relation to advertising  and awarding any such contracts for supplies, equipment or public works.    13.  To  do all things necessary or convenient to carry out the powers expressly given or necessarily implied in this title.   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  unless  the  governing  board  of  such municipality shall adopt a resolution requesting the authority  to  sell water in such area.   Notwithstanding  any  other  provision  of  law, the authority may not approve by resolution or otherwise make a final determination  regarding a  construction  project for any new structure which exceeds thirty feet in height unless it holds a public hearing in the municipality where the construction will take place not less than fifteen days after notice has been given as hereinafter provided. Notice of such public hearing  shall be  published  once  a  week for two consecutive weeks in a newspaper of general circulation in the area affected by  the  proposed  construction project.