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This entry was published on 2014-09-22
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SECTION 1096-A
Additional duties of the authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 5
§ 1096-a. Additional duties of the authority. 1. The authority shall
submit to the president of the Monroe county legislature a copy of the
authority's preliminary budget, annual budget or amended budget,
certified by the treasurer of the authority, not later than thirty days
prior to the date on which the annual budget is adopted or approved by
the authority. The authority shall give notice in writing to the
president of the Monroe county legislature not later than thirty days
prior to anticipated final approval of any construction projects to be
undertaken by the authority involving water mains in excess of twelve
inches in size, construction of mains in geographical areas theretofore
undeveloped or not supplied with a public water supply, storage
facilities, pumping stations or water treatment facilities utilizing
funds of either the authority or funds of the county of Monroe under
subdivision sixteen-b of section one thousand ninety-six of this title
provided, however, that the foregoing shall not in any event be deemed
to include: modernization, renewal and replacement, repair, maintenance
of or improvement in properties or facilities; preliminary undertakings
such as studies, tests, evaluations, reports, preparation of engineering
plans and specifications, obtaining property rights and obtaining of
necessary governmental approvals; construction activities deemed
necessary by the authority in an emergency to protect life, property,
health or the public safety; changes during construction which do not
materially change the essential service area affected by a project; and
construction activities within the terms of the last sentence of this
subdivision. In the event the Monroe county legislature, by its
resolution adopted at any time within sixty days after receipt by the
president of the county legislature of the notice from the authority
herein provided for, requests any change in such project, the authority
shall conduct a public informational meeting upon ten days' notice to be
published twice consecutively in a newspaper of general circulation in
the county of Monroe prior to the authority granting final approval or
prior to the commencement of construction of such project. The authority
shall give written notice to the president of the Monroe county
legislature not less than thirty days prior to the date of any final
action of the authority with respect to any change in the rates of the
authority. The authority shall conduct a public informational meeting
upon ten days' notice to be published twice consecutively in a newspaper
of general circulation in the county of Monroe relative to any change in
such rates prior to the effective date of such change. The foregoing
provisions of this subdivision shall not be construed to or require the
authority to in any way violate or impair the rights and remedies of or
covenants with the holders of obligations of the authority pursuant to
any resolution or trust indenture of or binding upon the authority
adopted or executed authorizing or securing obligations of the authority
or abrogate the rights and powers of the authority to fulfill its duties
and obligations to comply with all the terms, covenants or requirements
required or provided by any existing contractual agreement or provided
or required by statute or the order or direction or approval of a
federal, state or local governmental entity having appropriate
jurisdiction or authority.

2. The authority shall be empowered to develop and adopt an
administrative code, subject to amendment from time to time, concerning
such cooperative interrelationships between the authority and the county
of Monroe, including the duties of the authority under subdivision one
of this section. Any such code, or any amendment thereto, shall be
submitted to the president of the county legislature not less than
ninety days prior to its adoption by the authority for approval by such
legislature.