§ 227 — Colleges may construct water-works and sewer systems

New York § 227

• Jurisdiction: New York
• Law EDN: Education
• Title 1: General Provisions Article 1 Short Title and Definitions (§§
• Part 1: General Organization
• Art. 5: University of the State of New York

Text

§ 227. Colleges may construct water-works and sewer systems. 1. Every\nincorporated college in this state is duly authorized and empowered to\nconstruct and maintain a system of water-works for the purpose of\nsupplying its college buildings and premises with pure and wholesome\nwater for domestic, sanitary and fire purposes, and for the preservation\nof the health of its students, faculty and employees, and for the\npreservation of the public health of the town, village or city in or\nnear which such college is located, and the construction and maintenance\nof such water-works is declared to be a public use. Such water-works, as\noften as necessary, may be enlarged or improved. Every such incorporated\ncollege owning its water-works system and having an adequate supply of\nwater therefrom, may furnish water to persons other than students,\nfaculty and employees of such college at and for a just and adequate\ncompensation, providing that they reside within a sewer district now\ncreated in which the premises of the said college or any part thereof\nare embraced, and provided no municipal or private public service\ncorporation operates or maintains a system of water-works therein\ncapable of supplying water to such inhabitants, and provided further\nthat the provisions therein relative to the residence of the purchasers\nof water within a sewer district shall not restrict Cornell University\nfrom selling water to the residents of the hamlet of Forest Home or a\nwater district organized for the purpose of furnishing a potable water\nsupply to said hamlet. Whenever any such college shall extend its mains\nalong any streets, avenues or highways for the purpose of supplying\nwater to such inhabitants, it shall not lose its exemption from taxation\nby reason thereof, and shall not be deemed to be exercising a public or\ncorporate franchise within the meaning of the tax law.\n 2. Any such college shall have the right to acquire real estate, or\nany interest therein, necessary or proper for such water-works, and the\nright to lay, relay, repair and maintain conduit and water pipes, with\nconnections and fixtures, on, through, and over the lands of others; the\nright to intercept and divert the flow of waters from the lands of\nriparian owners, and from persons owning and interested in any waters;\nand the right to prevent the flow or drainage of noxious, or impure, or\nunwholesome matter from the lands of others into its reservoirs, or\nsources of supply. But no such college shall ever have power to take or\nuse water from any of the lands of this state, or any land, reservoir,\nor feeders, or any streams which have been taken by the state for the\npurpose of supplying the canals with water. The consent of an\nincorporated village or city must be obtained to lay any such pipes in\nor through its streets, and such consent may be accompanied by such\nreasonable conditions or restrictions as are proper.\n 3. Such college may cause such examinations and surveys for its\nproposed water-works to be made as may be necessary to determine the\nproper location thereof, and for such purpose, by its officers, agents\nand servants, may enter upon any lands or waters in the vicinity for the\npurpose of making such examinations and surveys, subject to liability\nfor all damage done. When surveys or examinations are made or concluded,\na map shall be made of the lands or interests to be taken or entered\nupon, and on which the land or interest of each owner or occupant shall\nbe designated, and all streets and roads in which it is proposed to lay\nconduit pipes, with the proposed line thereof, which map shall be dated\nand signed by the engineer making the same; and said map shall be filed\nand kept in the college library for examination and reference, and a\nduplicate thereof shall be filed in the clerk's office in each county\nwherein any of such lands or interests proposed to be taken are located.\nSuch examinations and surveys may be ordered and directed by the\npresident or board of trustees of such college. A majority of the\ntrustees shall determine upon the construction of such water-works and\nthe plans thereof, and order contracts therefor to be made by such\nofficers of the college as may be designated.\n 4. If any such college shall be unable to agree upon such terms of\npurchase of any such property, right or easements, before or after plans\nshall be determined upon, it may, after such plans have been adopted,\nacquire the same by condemnation, according to the provisions of the\neminent domain procedure law.\n 5. When any such college has constructed and completed water-works, as\nabove provided, it may, by a majority of its trustees, determine upon\nand construct a sewer system; it may connect the same with the sewer\nsystem of the village, city or town sewer districts thereof in or near\nwhich said college is situated, if such connection is practicable. A\ncollege, with the approval of its trustees, may allow its sewer system\nto serve as an interconnection between separate sewer systems of\nvillages, cities or town sewer districts when and so long as such use of\nthe sewer system of the college does not interfere with or limit the use\nof that sewer system by the college. The college shall not lose its\nexemption from taxation by reason of such connection or interconnection\nof its sewer system and the college shall not be deemed to be exercising\na public or corporate franchise within the meaning of the tax law.\nExamination, surveys and a map may be made as above provided. Lands and\neasements may be acquired by purchase, as above provided, and in case\nsuch acquisition can not be made by purchase then they may be acquired\nby condemnation, according to the provisions of the condemnation law.\n