New York Laws
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; 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