NY Pub Auth L § 1124-2 (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 6-C* - Dutchess County Water and Wastewater Authority 1124*2 - Powers of the Authority.

* § 1124. Powers of the authority. 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; and21. 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