2012 New York Consolidated Laws
PBA - Public Authorities
Article 5 - PUBLIC UTILITY AUTHORITIES
Title 6-C - (1121 - 1146) TOWN OF WILTON WATER AND SEWER 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; 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