NY Pub Auth L § 2709 (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 29 - Development Authority of the North Country Act 2709 - Special Powers With Regard to Sewerage Facilities.

§  2709.  Special  powers  with  regard  to  sewerage  facilities. 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.