§ 122 — Powers

New York § 122

• Jurisdiction: New York
• Law TCP: Transportation Corporations
• Art. 10: Sewage-works Corporations

Text

§ 122. Powers. Every sewage-works corporation shall have the power:\n 1. To lay, maintain, repair and operate its pipes, conduits and sewers\nin any street, highway or public place of any city, town, village or\nother municipal area, in which it has obtained the consent required by\nsection one hundred sixteen for the disposal, treatment and removal of\nsewage, and to operate and maintain and keep in repair its sewage\ndisposal plants, and prescribe the manner in which sewer connections\nshall be made. No pipes, sewers or conduits shall be laid or repaired\nunder any highway, road, street or avenue by such corporation, without\nthe consent of the local governing body or its official in charge of\nhighways or streets or if such highway be a state highway, or a highway\nconstructed pursuant to section one hundred ninety-four or one hundred\nninety-five or article six of the highway law, the consent of the state\ncommissioner of transportation nor in any street, highway, road, avenue\nor public place in Suffolk county without the prior written consent of\nthe county sewer agency or the county department of environmental\ncontrol.\n 2. To cause examinations and surveys to be made for the purpose of\ndetermining the proper location of its disposal system, and, for such\npurpose by its officers, agents or servants, to enter upon any lands or\nwaters, subject to liability for all damages done.\n 3. To enter into appropriate agreements with the secretary of\nagriculture of the United States department of agriculture to operate\nwithout profit for the term specified therein for the purpose of\nqualifying to receive federal assistance pursuant to the consolidated\nfarmers home administration act of nineteen hundred sixty-one and any\nfederal laws amendatory and supplementary thereto. Any such agreement to\noperate without profit shall be subject to the approval of a majority of\nthe stockholders entitled to vote thereat at any regular or special\nstockholders' meeting. Any stockholder so entitled to vote who does not\nvote for or consent in writing to the taking of this action, shall,\nsubject to and by complying with the provisions of section six hundred\ntwenty-three of the business corporation law, have the right to receive\npayment of the fair value of his stock and the other rights and benefits\nprovided by such section.\n