§ 1124*2 — Powers of the authority

New York § 1124*2

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 6-C*: Dutchess County Water and Wastewater Authority
• Art. 5: Public Utility Authorities

Text

* § 1124. Powers of the authority. The authority shall have the power:\n 1. To sue and be sued;\n 2. To have a seal and alter the same at pleasure;\n 3. To borrow money and issue bonds or other obligations and to provide\nfor the rights of the holders thereof;\n 4. To enter into contracts and to execute all instruments necessary or\nconvenient or desirable for the purposes of the authority to carry out\nany powers expressly given it in this title;\n 5. To acquire by purchase, gift, grant, transfer, contract or lease or\nby condemnation pursuant to the eminent domain procedure law, lease as\nlessee, hold, and use any real or personal property or any interest\ntherein, as the authority may deem necessary, convenient or desirable to\ncarry out the purpose of this title. In connection with the acquisition\nof such properties, the authority may assume any obligations of the\nowner of such properties and, to the extent required by the terms of any\nindentures or other instruments under which such obligations were\nissued, the authority may assume and agree to perform covenants and\nobserve the restrictions contained in such instruments; and furthermore\nthe owner or any properties which the authority is authorized to\nacquire, is hereby authorized to sell or otherwise transfer the same to\nthe authority, whereupon the authority shall become charged with the\nperformance of all public duties with respect to such properties with\nwhich such owner was charged and such owner shall become discharged from\nthe performance thereof, and as a means of so acquiring for such\npurpose, the authority may purchase all of the stock of any existing\nprivately owned water or sewage corporation or company and in the case\nof a sale or other transfer of properties of a public utility\ncorporation pursuant to this provision, upon the purchase of the stock\nof such corporation or company it shall be lawful to dissolve such\ncorporation within a reasonable time, and in the case of an acquisition\nof properties from a municipality pursuant to this provision, it may\nassume the primary responsibility for the payment of any bonds or notes\nissued by such municipality for such properties;\n 6. To develop, construct or maintain a project; provided, however,\nthat the authority shall not enter into any contract for the\nconstruction of a project without having first submitted such project,\nfollowing completion of compliance with the requirements of the state\nenvironmental quality review act and the regulations promulgated in\nconnection therewith in connection with such project, to the county\nlegislature for county legislative review, as herein described. For\npurposes of such county legislative review, construction shall not\ninclude such engineering, architectural, legal, fiscal and economic\ninvestigations and studies, surveys, designs, plans, procedures and\nother actions necessary or reasonably required to develop a project or\nto present a project to the county legislature for county legislative\nreview. County legislative review shall encompass a process by which the\ncounty legislature shall have the opportunity to review and deny a\nproject proposed to be constructed by the authority. County legislative\nreview shall commence with the authority's delivering, by mail or\npersonally, to the clerk of the county legislature a notification that\nthe authority proposes to construct a project. Such notification shall\ninclude a description of the project, the proposed cost and the proposed\nplan for the financing of such cost and such engineering, architectural,\nfiscal and economic investigations and studies, surveys, designs and\nplans prepared by the authority in connection with the project.\nFollowing receipt of such notification, the county legislature shall\ntake such action as it may determine in its discretion to be appropriate\nin connection with its review of the project, which action may include\nadoption of a resolution, by the affirmative vote of at least two-thirds\nof the entire voting strength of the county legislature, to deny to the\nauthority the right to construct the project, which vote, to be\neffective, shall be cast at a meeting held no later than the second\nconsecutive regular meeting of the county legislature following delivery\nto the clerk of the county legislature of the notification herein\ndescribed. The date of delivery of notification shall be the date on\nwhich such notification shall be actually received by the clerk of the\ncounty legislature. If the then current rules and regulations of the\ncounty legislature require the filing of a resolution with the clerk of\nthe county legislature to be a specified number of days prior to a\nmeeting of the county legislature for introduction of such resolution at\nsuch meeting, such notification shall be deemed to be a resolution and\nshall be subject to such filing requirement. If the county legislature\nshall so vote to deny to the authority the right to construct a project,\nthe resolution to so deny shall be submitted to the county executive in\nsuch manner and at such time as is provided in the county charter for\nresolutions subject to approval or disapproval by the county executive.\nIf the county executive shall, within the time permitted for such\naction, disapprove such resolution, such resolution shall be of no force\nand effect unless the county legislature shall override such disapproval\nin such manner and at such time as is provided in the county charter for\nsuch action. Nothing in this section shall prohibit the resubmission by\nthe authority to the county legislature at any time of a proposed\nproject which has been previously disapproved;\n 7. To operate and manage and to contract for the operation and\nmanagement of properties of the authority;\n 8. To lease properties of the authority to the county or any other\nmunicipality in the county, or any instrumentality thereof, upon such\nterms and conditions as shall be determined by the authority, the\ncounty, the municipality or such instrumentality, as the case may be;\n 9. To apply to the appropriate agencies and officials of the federal,\nstate and local governments for such licenses, permits or approvals of\nits plans or projects as it may deem necessary or advisable, and upon\nsuch terms and conditions as it may deem appropriate, and to accept, in\nits discretion, such licenses, permits or approvals as may be tendered\nto it by such agencies and officials;\n 10. To appoint such officers and employees as are required for the\nperformance of its duties, to fix and determine their qualifications,\nduties and compensation, and to retain or employ counsel, auditors,\nengineers and private consultants on a contract basis or otherwise for\nrendering professional or technical services and advice;\n 11. To make plans and studies necessary, convenient or desirable for\nthe effectuation of the purposes and powers of the authority and to\nprepare recommendations in regard thereto;\n 12. To enter upon such lands, waters or premises as in the judgment of\nthe authority shall be necessary for the purpose of making surveys,\nsoundings, borings and examinations to accomplish any purpose authorized\nby this title, the authority being liable only for actual damage done;\n 13. To apply for and to accept any gifts or grants or loans of funds\nor property or financial or other aid in any form from the federal\ngovernment or any agency or instrumentality thereof, or from the state\nor any agency or instrumentality thereof or from any other source, for\nany or all of the purposes specified in this title, and to comply,\nsubject to the provisions of this title, with the terms and conditions\nthereof;\n 14. To supply and sell water for domestic, commercial and public\npurposes at retail to individual consumers within the county or\nwholesale to municipalities, water districts or district corporations\nwithin the county and to collect, treat and discharge sewage produced\nfor such purposes by such generators; provided, however, that the\nauthority shall not sell water at retail to individual consumers or\ncontract with individual consumers for the collection or treatment of\nsewage where such individual consumers are located in a municipality,\nwater district, sewer district or district corporation which is\nempowered to provide water or sewer services, as the case may be, unless\nthe authority shall have first notified, in writing, by certified mail,\nsuch municipality, water district, sewer district or district\ncorporation that it intends to sell water at retail to individual\nconsumers located therein or collect or treat sewage from individual\nconsumers located therein, as the case may be, identified either by name\nor location or by the area to be served, and such municipality, water\ndistrict, sewer district or district corporation does not notify the\nauthority, within sixty days of receipt of such notice, that it objects\nto the authority selling water or collecting or treating sewage, as the\ncase may be, to such individual consumers;\n 15. To purchase water in bulk from any person, private corporation or\nmunicipality when necessary or convenient for the operation of any water\nfacility;\n 16. To enter into cooperative agreements with other authorities,\nmunicipalities, water districts, sewer districts, district corporations,\nutility companies, individuals, or corporations, within or without the\ncounty, for any lawful purposes necessary or desirable to effect the\npurposes of this title upon such terms and conditions as shall be\ndetermined to be reasonable;\n 17. To make by-laws for the management and regulation of its affairs\nand subject to agreements with bondholders, rules for the sale of water\nor the collection of sewage and the collection of rates, rents and\ncharges therefor. A copy of such rules and by-laws, and all amendments\nthereto, duly certified by the secretary of the authority shall be filed\nin the office of the county clerk of the county and shall be published\nthereafter once in each of two newspapers having a general circulation\nin the county. Violations of such rules shall be punishable by fine, not\nexceeding fifty dollars, or by imprisonment for not longer than thirty\ndays, or both;\n 18. To fix rates and collect charges for the use of the facilities of,\nany services rendered by or any commodities furnished by the authority\nsuch as to provide revenues sufficient at all times to pay, as the same\nshall become due, the principal and interest on the bonds or other\nobligations of the authority together with the maintenance of proper\nreserves therefor, in addition to paying as the same shall become due\nthe expense of operating and maintaining the properties of the authority\ntogether with proper reserves for maintenance, contingencies and all\nother obligations and indebtedness of the authority; provided, however,\nthat nothing contained in this subdivision, or in this title, shall\nempower the authority to collect rentals, charges, rates or fees from\nthe owners of real estate, or the occupants of real estate (other than\nthe occupants of premises owned or occupied by the authority or by the\nstate or any civil division thereof) located in any city unless the\nelectors of such city shall approve the granting to the authority of\nsuch powers by a majority vote at a general or special election in such\ncity;\n 19. To utilize the service of officers and employees of the county and\nto pay a proper portion of compensation or costs for the services of\nsuch officers or employees with the consent of the county executive, and\nupon notice to the chair of the county legislature;\n 20. To provide for the discontinuance or disconnection of the supply\nof water or the provision of sewerage service, or both, as the case may\nbe, for non-payment of fees, rates, rents or other charges therefor\nimposed by the authority, provided such discontinuance or disconnection\nof any supply of water or the provision of sewerage service, or both, as\nthe case may be, shall not be carried out except in the manner and upon\nnotice as is required of a waterworks corporation pursuant to\nsubdivisions three-a, three-b and three-c of section eighty-nine-b and\nsection one hundred sixteen of the public service law; and\n 21. To do all things necessary, convenient or desirable to carry out\nits purposes and for the exercise of the powers granted in this title.\n * NB There are 2 § 1124's\n