New York Laws
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; and

24. To do all things necessary, convenient or desirable to carry out
its purposes and for the exercise of the powers granted in this title.