Section 1154. Powers of the authority  


Latest version.
  • The authority shall have power:
        1. To sue and be sued;
        2. To have a seal and alter the same at pleasure;
        3.  To  acquire, in the name of the authority, lease, hold and dispose
      of real estate and personal property or any  interest  therein  for  its
      corporate  purposes,  including  the  power  to  purchase prospective or
      tentative awards in  connection  with  the  exercise  of  the  power  of
      condemnation hereinafter granted;
        4. To purchase, in the name of the authority, any water supply system,
      water distribution system, including plants, works, instrumentalities or
      parts  thereof  and  appurtenances  thereto, lands, easements, rights in
      land and  water  rights,  rights-of-way,  contract  rights,  franchises,
      approaches,  connections,  dams, reservoirs, water mains and pipe lines,
      pumping stations and equipment, or any other property incidental to  and
      included   in  such  system  or  part  thereof,  and  any  improvements,
      extensions and betterments, situated wholly within the county, provided,
      however, that the authority shall have the power to purchase any  source
      of supply, or water supply system or any part thereof situated wholly or
      partly without the territorial limits of the district; and in connection
      with  the  purchase  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 of 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 in the case of a sale or
      other transfer of properties of a public utility corporation pursuant to
      this provision, it shall be lawful to dissolve such corporation;
        5. To supply and  sell  water  for  domestic,  commercial  and  public
      purposes at retail to individual consumers within the county of Onondaga
      or  at  wholesale  in  the  manner provided by subdivision eight of this
      section as a means of so acquiring for such purposes, and the  authority
      may  purchase  all  of  the  stock of any existing privately owned water
      corporation or company, and thereafter, within a reasonable  time,  such
      water corporation or company shall be dissolved;
        6.  To  condemn  in  the name of the authority, within the territorial
      limits of the  county,  any  water  supply  system,  water  distribution
      system, including plants, works, instrumentalities, or parts thereof and
      appurtenances  thereto,  lands,  easements,  rights  in  land  and water
      rights,  rights-of-way,   contract   rights,   franchises,   approaches,
      connections,  dams,  reservoirs,  water  mains  and  pipe lines, pumping
      stations and equipment or any other property incidental to and  included
      in  such  system  or  part thereof, and any improvements, extensions and
      betterments for the purpose of supplying water for domestic,  commercial
      and  public purposes at retail to individual consumers within the county
      of Onondaga or at wholesale in the manner provided by subdivision  eight
      of  this section. The authority shall exercise the power of condemnation
      hereby granted in the manner provided by the condemnation law and  title
      to the properties described in the condemnation proceedings shall become
      and  be vested in the authority in accordance with the provisions of the
      condemnation law. In the exercise of such  power  of  condemnation,  the
      property  being  condemned  shall  be  deemed, when so determined by the
      authority, to be for a public use superior to  the  public  use  in  the
      hands  of  any  other  person,  association,  or  corporation, provided,
    
      however, that the authority shall have no power to condemn property  the
      legal  title  to  which  is  vested  in  a  municipality  or a political
      subdivision  of  the  state,  unless  such  municipality  or   political
      subdivision shall consent thereto.
        7.   To   construct   and  develop  any  water  supply  system,  water
      distribution system including plants, works, instrumentalities, or parts
      thereof, and appurtenances thereto, dams, reservoirs, water mains,  pipe
      lines,  pumping stations and equipment, or any other property incidental
      to or included in such system or  part  thereof  within  the  county  of
      Onondaga, and to acquire, by condemnation in the manner provided by this
      title,  or  by  purchase,  lands,  easements,  rights in land, and water
      rights and rights-of-way in connection therewith within such county; and
      to own and operate, maintain, repair, improve, reconstruct, enlarge  and
      extend,  subject  to the provisions of this title, any of its properties
      acquired or constructed under this title, all of  which,  together  with
      the  acquisition  of  such  properties  are hereby declared to be public
      purposes;
        8. To sell  water  by  volume  to  any  or  all  municipalities,  duly
      established  water  districts or privately owned public water supply and
      distribution systems in such county. The fact that any municipality  has
      procured  or  is  about to procure an independent source of water supply
      shall not prevent such  municipality  from  purchasing  water  from  the
      authority.  To  sell  any  water  not  needed in such county to any duly
      established water district, municipality or privately owned public water
      supply and distribution system outside of the county in  which  created.
      Not only may the authority sell any surplus water it may have developed,
      but  it  may  develop  and provide a sufficient amount of water so as to
      supply water outside of the county to any municipality, duly established
      water district or privately owned public water supply  and  distribution
      system;
        9.  To  purchase water in bulk from any person, private corporation or
      municipality when necessary or convenient  for  the  operation  of  such
      water supply and distribution system;
        10.  To  acquire,  hold, use, lease, sell, transfer and dispose of any
      property,  real,  personal  or  mixed,  or  interest  therein,  for  its
      corporate  purposes,  including  the  right  to  sell,  lease, convey or
      otherwise dispose of any distribution  system  or  improvements  thereto
      which   the   authority  may  acquire  or  construct  to  any  municipal
      corporation or town water district, town water supply  district,  or  to
      the county;
        11.  To  produce, develop, distribute and sell water or water services
      within or without  the  territorial  limits  of  the  district;  and  to
      purchase  water  from  any  municipal  corporation, town water district,
      person, association or corporation; provided, however, that water may be
      sold at retail  to  individual  consumers  only  within  the  county  of
      Onondaga  and  further provided that in exercising the powers granted by
      this title, the authority shall not sell water  in  any  area  which  is
      served  by a water system owned or operated by a municipality or special
      improvement district unless the governing board of such municipality  or
      district shall adopt a resolution requesting the authority to sell water
      in  such  served  area;  and  the authority shall not interfere with any
      water supply or water system of any  municipality  unless  requested  by
      such  municipality after such municipality has held a referendum on such
      question and approval given thereon;
        12. To make by-laws for the management and regulation of  its  affairs
      and  subject to agreements with bondholders, rules for the sale of water
      and the collection of 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 clerk of the county
      and  thereafter  published  once  in  two  newspapers  having  a general
      circulation in the county. Violation of such rules shall  be  punishable
      by  fine, not exceeding fifty dollars, or by imprisonment for not longer
      than thirty days, or both. Exclusive jurisdiction  is  hereby  conferred
      upon  the  local  criminal  courts  of  the  county, outside the city of
      Syracuse, which have trial jurisdiction, to hear and determine,  subject
      to  the  provisions of the criminal procedure law, any violation of this
      title;
        13. To use the officers, employees, facilities and  equipment  of  the
      county  with  the  consent of the county, paying a proper portion of the
      compensation or cost;
        14. To make contracts and  to  execute  all  necessary  or  convenient
      instruments,   including   evidences   of  indebtedness,  negotiable  or
      non-negotiable;
        15. To enter on any lands, waterways and premises for the  purpose  of
      making surveys, soundings and examinations;
        16.  To  borrow  money and to issue negotiable bonds or notes or other
      obligations and to fund or refund the  same,  and  to  provide  for  the
      rights of the holders of its obligations;
        17. To fix rates and collect charges for the use of the facilities of,
      or  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, notes 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  depreciation,  maintenance
      and  contingencies  and  all  other  obligations and indebtedness of the
      authority;
        18. To enter into cooperative agreements with other water authorities,
      municipalities, counties,  towns,  villages,  water  districts,  utility
      companies,  individuals,  firms  or  corporations, within or without the
      territorial  limits  of  the  district  for   the   interconnection   of
      facilities, the exchange or interchange of services and commodities, and
      within  the  territorial limits of the district to enter into a contract
      for the construction and operation and maintenance of a water supply and
      distribution system by the authority for any municipality  having  power
      to  construct  and  develop a water supply and distribution system, upon
      such terms and conditions  as  shall  be  determined  to  be  reasonable
      including,  but  not  limited  to the reimbursement of all costs of such
      construction, or for any other lawful purposes necessary or desirable to
      effect the purposes of this title;
        19. To accept grants, loans or contributions from the  United  States,
      the  state  of  New  York, or any agency or instrumentality of either of
      them, or the county, or an individual, by bequest or otherwise,  and  to
      expend the proceeds for any purposes of the authority;
        20.  To  do all things necessary or convenient to carry out the powers
      expressly given in this title.
        21. To contract with  the  board  of  supervisors  of  the  county  of
      Onondaga  for  the  acquisition, construction and development of a water
      supply and distribution system, or any part or parts thereof, on  behalf
      of  a  county  water  district  or  districts,  and  to contract for the
      operation  and  management  of  any  such  district  or  districts,   in
      accordance  in  each  case  with the provisions of article five-A of the
      county law.
        22. To act as a county water agency in accordance with the  provisions
      of article five-A of the county law.
    
        23. To contract for the purposes of subdivision twenty-four of section
      ten of article two of the highway law.
        24.  Notwithstanding any other provision of this section, to purchase,
      construct, lease and operate water systems and properties in  the  towns
      of Sullivan, Lenox, Lincoln, Volney, Verona, Vienna, Hannibal, Hastings,
      Minetto,  Schroeppel, Scriba, Oswego, West Monroe, Annsville, Granby and
      Sterling to enter into any contract authorized by this section with  any
      municipality  within the territorial limits of said towns, and to supply
      and sell any water not needed in the county of Onondaga at retail or  at
      wholesale  to individual consumers within the territorial limits of said
      towns.