§ 1054 — Powers of the authority

New York § 1054

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 3: Erie County Water Authority
• Art. 5: Public Utility Authorities

Text

§ 1054. Powers of the authority. The authority shall have power:\n 1. To sue and be sued;\n 2. To have a seal and alter the same at pleasure;\n 3. To acquire, in the name of the authority, lease, hold and dispose\nof personal property or any interest therein for its corporate purposes,\nincluding the power to purchase prospective or tentative awards in\nconnection with the exercise of the power of condemnation hereinafter\ngranted;\n 4. To purchase, in the name of the authority, any water supply system,\nwater distribution system, including plants, works, instrumentalities or\nparts thereof and appurtenances thereto, lands, easements, rights in\nland and water rights, rights-of-way, contract rights, franchises,\napproaches, connections, dams, reservoirs, water mains and pipe lines,\npumping stations and equipment, or any other property, real, personal or\nmixed, incidental to and included in such system or part thereof, and\nany improvements, extensions, and betterments, situated within the\ncounty of Erie, provided however that the authority shall have the power\nto purchase any source of supply, or water supply system or any part\nthereof situated without the county of Erie; and in connection with the\npurchase of such properties the authority may assume any obligations of\nthe owner of such properties and, to the extent required by the terms of\nany indentures or other instruments under which such obligations were\nissued, the authority may assume and agree to perform convenants and\nobserve the restrictions contained in such instruments; and furthermore\nthe owner of any properties, which the authority is authorized to\nacquire, is hereby authorized to sell or otherwise transfer the same to\nthe authority, whereupon the authority shall become charged with the\nperformance of all public duties with respect to such properties with\nwhich such owner was charged and such owner shall become discharged from\nthe performance thereof, and in the case of a sale or other transfer of\nproperties of a public utility corporation pursuant to this provision,\nit shall be lawful to dissolve such corporation;\n 5. To condemn, in the name of the authority, any water supply system,\nwater distribution system, including plants, works, instrumentalities,\nor parts thereof and appurtenances thereto, lands, easements, rights in\nland and water rights, rights-of-way, contract rights, franchises,\napproaches, connections, dams, reservoirs, water mains and pipe lines,\npumping stations and equipment, or any other property, real, personal or\nmixed, incidental to and included in any such source of supply or any\nsuch system or parts thereof, and any improvements, extensions and\nbetterments, situated within the county of Erie, and to condemn any\nnecessary source of supply or water supply system, or any parts thereof,\nsituated without the county of Erie. The authority shall exercise the\npower of condemnation hereby granted in the manner provided in the\ncondemnation law or in the manner provided by law for the condemnation\nof land by the county of Erie. Upon the taking of the constitutional\noath of office by the commissioners of appraisal and the filing of such\noaths, title to the properties described in the condemnation proceedings\nshall become and be vested in the authority as hereinafter provided in\nthis title and such authority shall be entitled to enter into possession\nof the property condemned and to operate the same for its corporate\npurposes. Upon the vesting of title in the authority, any person\nentitled to a final award shall have and retain a lien upon such\nproperty to secure the payment of such compensation with interest, as\nshall be directed to be paid by the final order in the condemnation\nproceeding. The lien shall be discharged and satisfied by payment of the\ncompensation, with interest directed to be paid by the final order, less\nany sums, with interest paid in advance of the determination of the\nfinal award in condemnation as hereinafter provided. In the exercise of\nsuch power of condemnation, the property being condemned shall be\ndeemed, when so determined by the authority, to be for a public use\nsuperior to the public use in the hands of any other person,\nassociation, or corporation, provided, however, that the authority shall\nhave no power to condemn property the legal title to which is vested in\na municipal corporation or political subdivision of the state unless\nsuch municipal corporation or political subdivision shall consent\nthereto;\n 6. To construct and develop any water supply system, water\ndistribution system, including plants, works, instrumentalities, or\nparts thereof, and appurtenances thereto, dams, reservoirs, water mains,\npipe lines, pumping stations and equipment, or any other property\nincidental to or included in such system or part thereof, and to\nacquire, by condemnation in the manner provided by this title, or by\npurchase, lands, easements, rights in land, and water rights and\nrights-of-way in connection therewith; and to own and operate, maintain,\nrepair, improve, reconstruct, enlarge and extend, subject to the\nprovisions of this title, any of its properties acquired hereunder, all\nof which, together with the acquisition of such properties are hereby\ndeclared to be public purposes;\n 6-a. To do all things necessary to construct and maintain water\ntransmission and distribution mains and appurtenances thereto to provide\nwholesale or retail supplies of water to the town of Hanover, village of\nSilver Creek, and the Seneca Nation of Indians, Cattaraugus reservation\nupon the adoption of a resolution of the governing body of any such\nmunicipality or Indian tribe requesting that the authority sell water to\ntheir municipality or tribe and the adoption of a consenting resolution\nby the governing body of the water utility serving such municipality or\ntribe should such a water utility then exist;\n 7. To sell, lease, convey, or otherwise dispose of any distribution\nsystem or improvements thereto which the authority may acquire or\nconstruct to any municipal corporation or town water district or to the\ncounty;\n 8. To produce, develop, distribute and sell water, water services,\nfacilities and commodities within or without the territorial limits of\nthe district; and to purchase water from any municipal corporation, town\nwater district, person, association or corporation; provided, however,\nthat water may be sold at retail to individual consumers only within the\ncounty of Erie and further provided that in exercising the powers\ngranted by this title, the authority shall not sell water in any area\nwhich is served by a water system owned or operated by a municipality or\nspecial improvement district unless the governing board of such\nmunicipality or district shall adopt a resolution requesting the\nauthority to sell water in such served area;\n 9. To acquire, hold, use, lease, mortgage, sell, transfer and dispose\nof any property, real, personal or mixed, or interest therein, for its\ncorporate purposes;\n 10. To make by-laws for the management and regulation of its affairs,\nand subject to agreements with bondholders, rules for the sale of water\nand the collection of rents and charges therefor. Such rules may provide\nfor the discontinuance or disconnection of the supply of water for non\npayment of water rents, rates or charges. The authority shall not\ndiscontinue or disconnect the supply of water except in the manner and\nupon such notice as is required of a water-works corporation pursuant to\nsubdivision three-a of section eighty-nine-b of the public service law.\nA copy of such rules and by-laws, and all amendments thereto, duly\ncertified by the secretary of the authority shall be filed in the office\nof the clerk of the county and thereafter published once in two\nnewspapers having a general circulation in the county. Violation of such\nrules shall be a misdemeanor punishable by fine, not exceeding fifty\ndollars, or by imprisonment for not longer than thirty days, or both.\nExclusive jurisdiction is hereby conferred upon the local criminal\ncourts of the county, outside the city of Buffalo, which have trial\njurisdiction, to hear and determine, subject to the provisions of the\ncriminal procedure law, any violation of this title;\n 11. With the consent of the county to use the officers, employees,\nfacilities and equipment of the county, paying a proper portion of the\ncompensation or cost;\n 12. To make contracts and to execute all necessary or convenient\ninstruments, including evidences of indebtedness, negotiable or\nnon-negotiable;\n 13. To enter on any lands, waterways and premises for the purpose of\nmaking surveys, soundings and examinations;\n 14. To borrow money and to issue negotiable bonds, notes or other\nobligations and to fund or refund the same, and to provide for the\nrights of the holders of its obligations;\n 15. To fix rates and collect charges for the use of the facilities of,\nor services rendered by, or any commodities furnished by the authority\nsuch as to provide revenues sufficient at all times to pay, as the same\nshall become due, the principal and interest on the bonds of the\nauthority together with the maintenance of proper reserves therefor, in\naddition to paying as the same shall become due the expense of operating\nand maintaining the properties of the authority together with proper\nreserves for depreciation, maintenance, and contingencies and all other\nobligations and indebtedness of the authority;\n 16. To enter into cooperative agreements with other water authorities,\nmunicipalities, counties, towns, villages, water districts, utility\ncompanies, individuals, firms or corporations, within or without the\nterritorial limits of the district for the inter-connection of\nfacilities, the exchange or interchange of services and commodities or\nfor any other lawful purposes necessary or desirable to effect the\npurposes of this title;\n 17. To accept grants, loans or contributions from the United States,\nthe state of New York, or any agency or instrumentality of either of\nthem, or the county, or an individual, by bequest or otherwise, and to\nexpend the proceeds for any purposes of the authority;\n 18. To do all things necessary or convenient to carry out the powers\nexpressly given in this title.\n 19. To facilitate the determination of the economic practicability of\nany step contemplated by the authority or of any other fact or matter\nwhich the authority is now or may hereafter be authorized and empowered\nto decide or determine the authority may and in the case of any project\ninvolving an expenditure in excess of five hundred thousand dollars must\nconduct investigations, inquiries or hearings at such place or places as\nit shall appoint. Such investigations, inquiries or hearings may be held\nby or before one or more of any officers of the authority or by or\nbefore any person or persons appointed as its representative, and when\nratified, approved or confirmed by the authority its action shall be and\nbe determined to be the investigation, inquiry or hearing of the\nauthority.\n For the purpose of any such investigation, inquiry or hearing and for\nthe purpose of such other action or powers as the authority may be\nauthorized or empowered to take or exercise, it shall have jurisdiction\nof any and all persons, associations or corporations residing in or\nacting under and by virtue of the laws of or owning property within the\nstate of New York and shall have the power to compel the attendance of\nwitnesses and the production of any papers, books or other documents,\nand to administer oaths to all witnesses who may be called before it.\n 20. Upon the adoption of a resolution by the authority that it intends\nto acquire or to commence negotiations for the purpose of acquiring the\nproperty or any part thereof, of a public utility corporation, said\npublic utility corporation shall give to the authority and its\nauthorized representatives access to its books, records and accounts, or\nsuch portion thereof, as are descriptive of the property proposed to be\nacquired.\n 21. At any time after the entry of a judgment as provided in the\ncondemnation law, the authority may make application to the court for an\norder directing that title to the property described in the proceeding\nshall vest in the authority in advance of the determination and payment\nof the final award in condemnation. Upon such application the court\nshall hear the proofs of the parties to the proceeding respecting the\nreadiness and ability of the authority to pay to the person entitled\nsuch compensation with interest as the final order in the proceeding may\ndirect to be paid. If the court shall be satisfied that the authority\nwill be ready and able to pay said compensation with interest when\nascertained, and that the person entitled thereto by such proofs and the\nprovisions of this title, is reasonably assured of such payment, the\ncourt shall make an order vesting title to the property described in the\nauthority, upon the taking and filing of the oath of office by the\ncommissioners of appraisal, or at any stage of the proceeding\nthereafter.\n Upon the entry of said order with proof of service upon the parties to\nthe proceeding, the authority shall be entitled to enter into possession\nof the property and to operate the same for its corporate purposes. Such\norder shall be enforced to obtain delivery of possession of the property\nin the manner provided for in section seventeen of the condemnation law.\n 22. Upon the vesting of title in the authority of the property\ndescribed in a condemnation proceeding, or at any time thereafter the\nauthority on notice to the parties to the proceeding may pay to any\nparty or person entitled to an award for the property acquired, in\nadvance of the determination of the final award, a sum of money to be\ndetermined by the authority. Such payment shall be made to the parties\nas their interests shall be determined by the court.\n If the authority shall decide to make a partial payment in advance to\nany party or person entitled to an award, the interest on any sum so\ndecided to be paid in advance shall cease to run on and after a date\nfive days after such party or person shall have been notified by mail or\notherwise that the authority is ready to pay the same.\n When any such payment in advance shall have been made, the authority\nupon paying the final award for the property acquired, shall deduct from\nthe total amount allowed as compensation, any sum advanced plus interest\nthereon from the date of the payment of such advance to the date of the\nfinal award in the proceeding.\n 23. To enter into a contract or contracts with the board of\nsupervisors of Erie county for the acquisition, construction and\ndevelopment of a water supply and distribution system, or any part or\nparts thereof, on behalf of a county water district, and to contract for\nthe operation and management of such county water district, all as\nprovided in article five-a of the county law and article five-b of the\ngeneral municipal law. Such water authority shall be deemed the agent of\nErie county under any such contract. If such contract shall authorize\nthe water authority to purchase supplies or equipment or to construct\npublic works, such authority shall be subject to all provisions of law\nto which Erie county would be subject in relation to advertising and\nawarding any such contracts for supplies, equipment or public works.\n