N.Y. Public Authorities Law § 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