New York Laws
Title 8-A - New York State Local Water and Sewer Authority Act
1196-D - General Powers of an Authority.

§ 1196-d. General powers of an authority. Except as otherwise limited
by this title, an authority shall have 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 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 an
authority may not acquire, condemn or otherwise receive real property of
a municipality without the consent of the governing body of such
municipality;

6. To construct, improve or rehabilitate water supply or sewerage
facilities required for the maintenance, development or expansion of
water supply sources or sewerage facilities;

7. To construct, improve or rehabilitate distribution, transmission,
and sewerage facilities;

8. To operate and manage and to contract for the operation and
management of facilities constructed by 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, 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, and 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 water 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 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 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 in such
served areas;

19. To make bylaws 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 bylaws, and all amendments thereto,
duly certified by the secretary of the authority shall be filed in the
office of the sponsoring municipality or municipalities and thereafter
published once in two newspapers having a general circulation in the
sponsoring municipality or municipalities. Violation of such rules 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, 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 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 supply and
distribution or sewerage system by the authority for any municipality
having power to construct and develop a water supply and distribution 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 the supply
of water or the provision of 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 supply of water or the provision of 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; and

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