Section 2709. Special powers with regard to sewerage facilities  


Latest version.
  • The
      authority shall have power:
        1. to acquire, construct, purchase  or  lease,  in  the  name  of  the
      authority, any sewerage facility, sewer 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  and  pipe lines, pumping
      stations and equipment or any other property incidental to and  included
      in  such sewerage facility system or part thereof, and any improvements,
      extensions and betterments, situated within the  participating  counties
      for  the purpose providing adequate sanitary and storm water drainage to
      users, including the United States, within the  participating  counties;
      and  as  a  means  of  so acquiring for such purposes, the authority may
      purchase all of the assets of  any  existing  privately  owned  sewerage
      corporation or company;
        2.  to  have and take ownership, jurisdiction, control, possession and
      supervision  of  any  existing  sewer  system  and  any  sewer  facility
      financed,  constructed  or acquired pursuant to this title; to maintain,
      operate, reconstruct and improve the same as  a  comprehensive  sewerage
      system and to make additions, betterments and extensions thereto, and to
      have all the rights, privileges and jurisdiction necessary or proper for
      carrying  such power into execution. No enumeration of powers in this or
      any other general, special or local law shall operate  to  restrict  the
      meaning  of  this  general  grant  of  power  or to exclude other powers
      comprehended within this general grant;
        3. to  dispose  of  the  sewage  and  waste  of  all  persons,  public
      corporations,  the  state,  and  the  United States in the participating
      counties;
        4. upon the filing by the governing body of any municipality within  a
      participating  county  with  the  secretary of state of the state of New
      York, of its certificate delineating the existing sewer system and  such
      municipality's  intention  and  desire  to  transfer  the existing sewer
      system to the authority, thereupon, and by virtue  of  this  title,  the
      existing  sewer system, together with all contracts, books, maps, plans,
      papers and records of whatever description  pertaining  to  subjects  or
      matters  relating  to the design, construction, operation and affairs of
      the existing sewer system shall be assigned, transferred  and  dedicated
      to  the  use  of and be in the possession of and under the jurisdiction,
      control and supervision of the authority and the authority is  empowered
      to  take  possession  thereof  for  its uses and purposes. The authority
      shall thereafter have complete  jurisdiction,  control,  possession  and
      supervision  of  the  existing sewer system and of all the facilities in
      the municipality for the disposal of sewerage and storm water, and shall
      continue to exercise such power for a period not to exceed thirty  years
      as  contained  in  such certificate and so long thereafter as any of the
      bonds and liabilities of the authority shall remain unpaid or shall  not
      have otherwise been discharged. When all of the bonds and liabilities of
      the  authority shall have been paid in full or shall have otherwise been
      discharged and the authority shall have ceased  to  exist,  the  powers,
      jurisdiction  and duty of the authority shall cease and the property and
      assets acquired or held by it pursuant to this  section,  together  with
      any   additions   within  the  boundaries  of  such  municipality  shall
      thereafter become the property of, and shall be under the  jurisdiction,
      control, possession and supervision of such municipality;
        5.  to establish a schedule of rates, rentals or charges, to be called
      "sewer rents," to be collected from all  real  property  served  by  its
      sewerage  facilities,  and to prescribe the manner in which and the time
      at which such sewer rents are to be paid,  provided  that  in  no  event
    
      shall the authority collect rents within any city within a participating
      county,  and  to change such schedule from time to time as may be deemed
      advisable. Such sewer rents may be determined by the  authority  on  any
      equitable  basis.  Prior  to  the final adoption or modification of such
      schedule of sewer rents, the authority shall adopt a  proposed  schedule
      of  such  sewer  rents  and publish notice thereof once a week for three
      successive weeks in each participating county served by the  authority's
      sewer  facilities. The notice so published shall be dated as of the date
      of first publication thereof and shall state that the proposed  schedule
      of  sewer  rents  will  remain  open for inspection in the office of the
      authority for thirty days  from  the  date  of  such  notice,  and  that
      objections thereto may be filed during said period with the authority by
      any  person  conceiving  himself  aggrieved thereby. The authority shall
      hear and examine  any  such  complaints  and  may  modify  the  proposed
      schedule  and  shall  adopt a final schedule of sewer rents within sixty
      days after the date of said notice.  The  schedule  of  sewer  rents  so
      adopted  shall  thereafter  be  the  sewer  rents to be charged all real
      property served by the sewer facilities of the authority. From and after
      the due date thereof, such sewer rents shall constitute a lien upon  the
      real property served by the facilities. In the event that any such sewer
      rent  shall remain unpaid for a period of ninety days, the authority, or
      for property within any city within a participating county,  such  city,
      may  bring  and  maintain  an  action  in  the  supreme  court  for  the
      foreclosure of such lien;
        6. to adopt regulations in accordance  with  law  providing  that  the
      authority  shall shut off the supply of water to any premises upon which
      sewer rents have not been paid until the sewer rents are paid,  together
      with  provision  for  an equitable charge for restoring water service to
      said premises.