Section 263. Powers  


Latest version.
  • The administrative head or body may acquire by gift,
      lease, purchase or condemnation, real estate and  easements,  rights  of
      way  or  other interests therein necessary or proper for the purposes of
      the district. In Suffolk  county  it  may  acquire  by  gift,  lease  or
      purchase  personalty  or  it  may  accept  the  gift  of  a sum of money
      necessary or proper for the purposes of the district. In  water  quality
      treatment  districts,  it may request, receive and administer grants and
      other sums of  money  necessary  or  proper  for  the  purposes  of  the
      district.  In  the county of Oneida, it may grant easements or rights of
      way necessary or proper for the purposes of the  district.  It  may  (1)
      construct,  reconstruct,  improve  or  repair facilities in or under the
      surface of any highway in the  county  or  in  another  county  for  the
      purpose  of  transporting  water,  sewage  or  drainage to or within the
      county district, and shall cause such highway  to  be  restored  to  its
      usual  condition  at the expense of the district, or (2) provide for the
      collection and disposition of garbage, ashes, rubbish  and  other  waste
      matter  in  such  district,  and  for  that  purpose may provide for the
      construction, operation and  maintenance  of  all  necessary  appliances
      appurtenant  thereto, including such vehicles as may be required for the
      collection and disposition of garbage, ashes, rubbish  and  other  waste
      matter.  No  facilities  shall  be laid under any county parkway, county
      road, town highway or city or village street without the consent of  the
      officer  or  body having jurisdiction over, and control thereof, and, in
      the case of the state thruway, state parkways,  state  highways,  county
      roads  or  county  parkways, or highways constructed pursuant to section
      one hundred ninety-four, section one hundred ninety-five or article  six
      of  the  highway  law,  in addition to such consents, the consent of the
      state commissioner of transportation or  other  state  officer  or  body
      having jurisdiction over and control thereof.
        The administrative head or body of a county sewer district may acquire
      by  condemnation  from railroad corporations, real estate and easements,
      rights of way or other interests of such railroad corporations necessary
      or proper for the purposes of the district, provided, however,  that  in
      the  event  the railroad objects to such condemnation on the ground that
      it will interfere  with  the  safe  and  uninterrupted  maintenance  and
      operation  of  the  railroad,  the railroad shall have thirty days after
      receipt of notice of such condemnation to request a hearing  before  the
      commissioner of transportation. The commissioner of transportation shall
      give  the  railroad and the district notice of not less than ten days of
      the time and place scheduled  for  such  hearing.  The  commissioner  of
      transportation,  after  hearing  the  evidence shall decide whether such
      condemnation is permissible and in the public interest, and  whether  an
      order  permitting  the county sewer district to enter upon said railroad
      lands to perform such work is necessary and  proper;  such  order  shall
      also  include  terms  protecting  the railroad in safe and uninterrupted
      maintenance and operation of said railroad during the performance of any
      work on railroad lands by employees and agents of the sewer district  if
      their entry upon railroad lands for such work is deemed necessary by the
      commissioner's  order.  The  determination  of the commissioner shall be
      subject to judicial review pursuant  to  article  seventy-eight  of  the
      civil practice law and rules.
        The administrative head or body of any county water district on behalf
      of  such  county  water  district,  with  the  approval  of the board of
      supervisors of such county, a county water authority, any city, any town
      on behalf of a town water  district,  and  any  village  which  own  and
      operate   water   systems   may   enter  into  contracts  providing  for
      interconnections of such water systems, regulating the sale of water, or
      the purchase of water, by any of the parties to the contract to  another
    
      party  to  the  contract, which contracts may contain such other further
      covenants,  agreements,  terms  and  conditions  which  the  contracting
      parties  deem  necessary  or  desirable for the efficient and economical
      operation  of  the  respective  water  systems  of  the  parties  to the
      contract, provided, however, that no such contract shall  relate  to  an
      area  then  being served by any such county water district, county water
      authority, city, town water district or village without the  consent  of
      the  governing board of the district, authority, city or village, as the
      case may be. Any such contract shall be subject to the approval  of  the
      water resources commission.