Section 1124. Powers of the authority  


Latest version.
  • 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 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. In connection with the  acquisition
      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  or  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 become charged with the
      performance of all public duties with respect to  such  properties  with
      which such owner was charged and such owner shall 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 or sewage 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, and in the case of an acquisition
      of properties from a municipality pursuant to  this  provision,  it  may
      assume  the primary responsibility for the payment of any bonds or notes
      issued by such municipality for such properties;
        6. To develop, construct or maintain  a  project;  provided,  however,
      that   the   authority  shall  not  enter  into  any  contract  for  the
      construction of a project without having first submitted  such  project,
      following  completion  of  compliance with the requirements of the state
      environmental quality review act  and  the  regulations  promulgated  in
      connection  therewith  in  connection  with  such project, to the county
      legislature for county legislative  review,  as  herein  described.  For
      purposes  of  such  county  legislative  review,  construction shall not
      include such engineering,  architectural,  legal,  fiscal  and  economic
      investigations  and  studies,  surveys,  designs,  plans, procedures and
      other actions necessary or reasonably required to develop a  project  or
      to  present  a  project to the county legislature for county legislative
      review. County legislative review shall encompass a process by which the
      county legislature shall have the  opportunity  to  review  and  deny  a
      project  proposed to be constructed by the authority. County legislative
      review shall commence  with  the  authority's  delivering,  by  mail  or
      personally,  to  the clerk of the county legislature a notification that
      the authority proposes to construct a project. Such  notification  shall
      include a description of the project, the proposed cost and the proposed
      plan for the financing of such cost and such engineering, architectural,
      fiscal  and  economic  investigations  and studies, surveys, designs and
      plans  prepared  by  the  authority  in  connection  with  the  project.
      Following  receipt  of  such  notification, the county legislature shall
      take such action as it may determine in its discretion to be appropriate
      in connection with its review of the project, which action  may  include
    
      adoption of a resolution, by the affirmative vote of at least two-thirds
      of  the entire voting strength of the county legislature, to deny to the
      authority the  right  to  construct  the  project,  which  vote,  to  be
      effective,  shall  be  cast  at  a meeting held no later than the second
      consecutive regular meeting of the county legislature following delivery
      to the clerk of  the  county  legislature  of  the  notification  herein
      described.  The  date  of  delivery of notification shall be the date on
      which such notification shall be actually received by the clerk  of  the
      county  legislature.  If  the  then current rules and regulations of the
      county legislature require the filing of a resolution with the clerk  of
      the  county  legislature  to  be  a  specified number of days prior to a
      meeting of the county legislature for introduction of such resolution at
      such meeting, such notification shall be deemed to be a  resolution  and
      shall  be  subject to such filing requirement. If the county legislature
      shall so vote to deny to the authority the right to construct a project,
      the resolution to so deny shall be submitted to the county executive  in
      such  manner  and  at such time as is provided in the county charter for
      resolutions subject to approval or disapproval by the county  executive.
      If  the  county  executive  shall,  within  the  time permitted for such
      action, disapprove such resolution, such resolution shall be of no force
      and effect unless the county legislature shall override such disapproval
      in such manner and at such time as is provided in the county charter for
      such action. Nothing in this section shall prohibit the resubmission  by
      the  authority  to  the  county  legislature  at  any time of a proposed
      project which has been previously disapproved;
        7. To operate and  manage  and  to  contract  for  the  operation  and
      management of properties of the authority;
        8.  To  lease  properties  of the authority to the county or any other
      municipality in the county, or any instrumentality  thereof,  upon  such
      terms  and  conditions  as  shall  be  determined  by the authority, the
      county, the municipality or such instrumentality, as the case may be;
        9. 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;
        10.  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;
        11.  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;
        12. 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;
        13. 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;
        14. To supply and sell  water  for  domestic,  commercial  and  public
      purposes  at  retail  to  individual  consumers  within  the  county  or
    
      wholesale to municipalities, water districts  or  district  corporations
      within  the  county  and to collect, treat and discharge sewage produced
      for such purposes  by  such  generators;  provided,  however,  that  the
      authority  shall  not  sell  water  at retail to individual consumers or
      contract with individual consumers for the collection  or  treatment  of
      sewage  where  such  individual consumers are located in a municipality,
      water  district,  sewer  district  or  district  corporation  which   is
      empowered to provide water or sewer services, as the case may be, unless
      the  authority shall have first notified, in writing, by certified mail,
      such  municipality,  water  district,   sewer   district   or   district
      corporation  that  it  intends  to  sell  water  at retail to individual
      consumers located therein or collect or  treat  sewage  from  individual
      consumers located therein, as the case may be, identified either by name
      or  location  or  by the area to be served, and such municipality, water
      district, sewer district or district corporation  does  not  notify  the
      authority,  within sixty days of receipt of such notice, that it objects
      to the authority selling water or collecting or treating sewage, as  the
      case may be, to such individual consumers;
        15.  To purchase water in bulk from any person, private corporation or
      municipality when necessary or convenient for the operation of any water
      facility;
        16. To enter  into  cooperative  agreements  with  other  authorities,
      municipalities, water districts, sewer districts, district corporations,
      utility  companies,  individuals, or corporations, within or without the
      county, for any lawful purposes necessary or  desirable  to  effect  the
      purposes  of  this  title  upon  such  terms  and conditions as shall be
      determined to be reasonable;
        17. To make by-laws for the management and regulation of  its  affairs
      and  subject to agreements with bondholders, rules for the sale of water
      or the collection of sewage and  the  collection  of  rates,  rents  and
      charges  therefor.  A copy of such rules and by-laws, and all amendments
      thereto, duly certified by the secretary of the authority shall be filed
      in the office of the county clerk of the county and shall  be  published
      thereafter  once  in each of two newspapers having a general circulation
      in the county. Violations of such rules shall be punishable by fine, not
      exceeding fifty dollars, or by imprisonment for not longer  than  thirty
      days, or both;
        18. To fix rates and collect charges for the use of the facilities of,
      any  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 reserves for  maintenance,  contingencies  and  all
      other  obligations and indebtedness of the authority; provided, however,
      that nothing contained in this subdivision,  or  in  this  title,  shall
      empower  the  authority  to collect rentals, charges, rates or fees from
      the owners of real estate, or the occupants of real estate  (other  than
      the  occupants  of premises owned or occupied by the authority or by the
      state or any civil division thereof) located  in  any  city  unless  the
      electors  of  such  city  shall approve the granting to the authority of
      such powers by a majority vote at a general or special election in  such
      city;
        19. To utilize the service of officers and employees of the county and
      to  pay  a  proper  portion of compensation or costs for the services of
      such officers or employees with the consent of the county executive, and
      upon notice to the chair of the county legislature;
    
        20. 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
      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
        21. To do all things necessary, convenient or desirable to  carry  out
      its purposes and for the exercise of the powers granted in this title.
        * NB There are 2 § 1124's