§ 263 — Powers

New York § 263

• Jurisdiction: New York
• Law CNT: County
• Art. 5-A: County Water, Sewer, Drainage and Refuse Districts

Text

§ 263. Powers. The administrative head or body may acquire by gift,\nlease, purchase or condemnation, real estate and easements, rights of\nway or other interests therein necessary or proper for the purposes of\nthe district. In Suffolk county it may acquire by gift, lease or\npurchase personalty or it may accept the gift of a sum of money\nnecessary or proper for the purposes of the district. In water quality\ntreatment districts, it may request, receive and administer grants and\nother sums of money necessary or proper for the purposes of the\ndistrict. In the county of Oneida, it may grant easements or rights of\nway necessary or proper for the purposes of the district. It may (1)\nconstruct, reconstruct, improve or repair facilities in or under the\nsurface of any highway in the county or in another county for the\npurpose of transporting water, sewage or drainage to or within the\ncounty district, and shall cause such highway to be restored to its\nusual condition at the expense of the district, or (2) provide for the\ncollection and disposition of garbage, ashes, rubbish and other waste\nmatter in such district, and for that purpose may provide for the\nconstruction, operation and maintenance of all necessary appliances\nappurtenant thereto, including such vehicles as may be required for the\ncollection and disposition of garbage, ashes, rubbish and other waste\nmatter. No facilities shall be laid under any county parkway, county\nroad, town highway or city or village street without the consent of the\nofficer or body having jurisdiction over, and control thereof, and, in\nthe case of the state thruway, state parkways, state highways, county\nroads or county parkways, or highways constructed pursuant to section\none hundred ninety-four, section one hundred ninety-five or article six\nof the highway law, in addition to such consents, the consent of the\nstate commissioner of transportation or other state officer or body\nhaving jurisdiction over and control thereof.\n The administrative head or body of a county sewer district may acquire\nby condemnation from railroad corporations, real estate and easements,\nrights of way or other interests of such railroad corporations necessary\nor proper for the purposes of the district, provided, however, that in\nthe event the railroad objects to such condemnation on the ground that\nit will interfere with the safe and uninterrupted maintenance and\noperation of the railroad, the railroad shall have thirty days after\nreceipt of notice of such condemnation to request a hearing before the\ncommissioner of transportation. The commissioner of transportation shall\ngive the railroad and the district notice of not less than ten days of\nthe time and place scheduled for such hearing. The commissioner of\ntransportation, after hearing the evidence shall decide whether such\ncondemnation is permissible and in the public interest, and whether an\norder permitting the county sewer district to enter upon said railroad\nlands to perform such work is necessary and proper; such order shall\nalso include terms protecting the railroad in safe and uninterrupted\nmaintenance and operation of said railroad during the performance of any\nwork on railroad lands by employees and agents of the sewer district if\ntheir entry upon railroad lands for such work is deemed necessary by the\ncommissioner's order. The determination of the commissioner shall be\nsubject to judicial review pursuant to article seventy-eight of the\ncivil practice law and rules.\n The administrative head or body of any county water district on behalf\nof such county water district, with the approval of the board of\nsupervisors of such county, a county water authority, any city, any town\non behalf of a town water district, and any village which own and\noperate water systems may enter into contracts providing for\ninterconnections of such water systems, regulating the sale of water, or\nthe purchase of water, by any of the parties to the contract to another\nparty to the contract, which contracts may contain such other further\ncovenants, agreements, terms and conditions which the contracting\nparties deem necessary or desirable for the efficient and economical\noperation of the respective water systems of the parties to the\ncontract, provided, however, that no such contract shall relate to an\narea then being served by any such county water district, county water\nauthority, city, town water district or village without the consent of\nthe governing board of the district, authority, city or village, as the\ncase may be. Any such contract shall be subject to the approval of the\nwater resources commission.\n