NY Pub Auth L § 1054 (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 3 - Erie County Water Authority 1054 - Powers of the Authority.

§ 1054. Powers of the authority. 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 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, real, personal or   mixed,  incidental  to  and included in such system or part thereof, and   any improvements,  extensions,  and  betterments,  situated  within  the   county of Erie, provided however that the authority shall have the power   to  purchase  any  source  of supply, or water supply system or any part   thereof situated without the county of Erie; 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 convenants 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 condemn, 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, real, personal or   mixed, incidental to and included in any such source of  supply  or  any   such  system  or  parts  thereof,  and  any improvements, extensions and   betterments, situated within the county of  Erie,  and  to  condemn  any   necessary source of supply or water supply system, or any parts thereof,   situated  without  the  county of Erie. The authority shall exercise the   power of condemnation hereby granted  in  the  manner  provided  in  the   condemnation  law  or in the manner provided by law for the condemnation   of land by the county of Erie. Upon the  taking  of  the  constitutional   oath  of office by the commissioners of appraisal and the filing of such   oaths, title to the properties described in the condemnation proceedings   shall become and be vested in the authority as hereinafter  provided  in   this title and such authority shall be entitled to enter into possession   of  the  property  condemned  and  to operate the same for its corporate   purposes. Upon the  vesting  of  title  in  the  authority,  any  person   entitled  to  a  final  award  shall  have  and  retain a lien upon such   property to secure the payment of such compensation  with  interest,  as   shall  be  directed  to  be  paid by the final order in the condemnation   proceeding. The lien shall be discharged and satisfied by payment of the   compensation, with interest directed to be paid by the final order, less   any sums, with interest paid in advance  of  the  determination  of  the    final  award in condemnation as hereinafter provided. 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  municipal  corporation  or  political subdivision of the state unless   such  municipal  corporation  or  political  subdivision  shall  consent   thereto;6.   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,  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; and to own and operate, maintain,   repair,  improve,  reconstruct,  enlarge  and  extend,  subject  to  the   provisions of this title, any of its properties acquired hereunder,  all   of  which,  together  with the acquisition of such properties are hereby   declared to be public purposes;6-a. To do all  things  necessary  to  construct  and  maintain  water   transmission and distribution mains and appurtenances thereto to provide   wholesale or retail supplies of water to the town of Hanover, village of   Silver  Creek, and the Seneca Nation of Indians, Cattaraugus reservation   upon the adoption of a resolution of the  governing  body  of  any  such   municipality or Indian tribe requesting that the authority sell water to   their  municipality or tribe and the adoption of a consenting resolution   by the governing body of the water utility serving such municipality  or   tribe should such a water utility then exist;7.  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 or to the   county;8. To produce, develop, distribute and  sell  water,  water  services,   facilities  and  commodities 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  Erie  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;9.  To acquire, hold, use, lease, mortgage, sell, transfer and dispose   of any property, real, personal or mixed, or interest therein,  for  its   corporate purposes;10.  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. Such rules may provide   for  the  discontinuance or disconnection of the supply of water for non   payment of water rents,  rates  or  charges.  The  authority  shall  not   discontinue  or  disconnect the supply of water except in the manner and   upon such notice as is required of a water-works corporation pursuant to   subdivision three-a of section eighty-nine-b of the public service  law.   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  a  misdemeanor 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 Buffalo, which have trial   jurisdiction, to hear and determine, subject to the  provisions  of  the   criminal procedure law, any violation of this title;11.  With  the  consent  of the county to use the officers, employees,   facilities and equipment of the county, paying a proper portion  of  the   compensation or cost;12.  To  make  contracts  and  to  execute all necessary or convenient   instruments,  including  evidences  of   indebtedness,   negotiable   or   non-negotiable;13.  To  enter on any lands, waterways and premises for the purpose of   making surveys, soundings and examinations;14. To borrow money and to issue  negotiable  bonds,  notes  or  other   obligations  and  to  fund  or  refund  the same, and to provide for the   rights of the holders of its obligations;15. 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  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;16. 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   inter-connection   of   facilities,  the  exchange or interchange of services and commodities or   for any other lawful purposes  necessary  or  desirable  to  effect  the   purposes of this title;17.  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;18. To do all things necessary or convenient to carry out  the  powers   expressly given in this title.19.  To facilitate the determination of the economic practicability of   any step contemplated by the authority or of any other  fact  or  matter   which  the authority is now or may hereafter be authorized and empowered   to decide or determine the authority may and in the case of any  project   involving an expenditure in excess of five hundred thousand dollars must   conduct investigations, inquiries or hearings at such place or places as   it shall appoint. Such investigations, inquiries or hearings may be held   by  or  before  one  or  more  of any officers of the authority or by or   before any person or persons appointed as its representative,  and  when   ratified, approved or confirmed by the authority its action shall be and   be  determined  to  be  the  investigation,  inquiry  or  hearing of the   authority.For the purpose of any such investigation, inquiry or hearing and  for   the  purpose  of  such  other  action  or powers as the authority may be   authorized or empowered to take or exercise, it shall have  jurisdiction   of  any  and  all  persons,  associations or corporations residing in or   acting under and by virtue of the laws of or owning property within  the    state  of  New York and shall have the power to compel the attendance of   witnesses and the production of any papers, books  or  other  documents,   and to administer oaths to all witnesses who may be called before it.20. Upon the adoption of a resolution by the authority that it intends   to  acquire or to commence negotiations for the purpose of acquiring the   property or any part thereof, of  a  public  utility  corporation,  said   public   utility  corporation  shall  give  to  the  authority  and  its   authorized representatives access to its books, records and accounts, or   such portion thereof, as are descriptive of the property proposed to  be   acquired.21.  At  any  time  after  the  entry of a judgment as provided in the   condemnation law, the authority may make application to the court for an   order directing that title to the property described in  the  proceeding   shall  vest in the authority in advance of the determination and payment   of the final award in condemnation.  Upon  such  application  the  court   shall  hear  the  proofs of the parties to the proceeding respecting the   readiness and ability of the authority to pay  to  the  person  entitled   such compensation with interest as the final order in the proceeding may   direct  to  be  paid. If the court shall be satisfied that the authority   will be ready and able to  pay  said  compensation  with  interest  when   ascertained, and that the person entitled thereto by such proofs and the   provisions  of  this  title,  is reasonably assured of such payment, the   court shall make an order vesting title to the property described in the   authority, upon the taking and filing of  the  oath  of  office  by  the   commissioners   of   appraisal,  or  at  any  stage  of  the  proceeding   thereafter.Upon the entry of said order with proof of service upon the parties to   the proceeding, the authority shall be entitled to enter into possession   of the property and to operate the same for its corporate purposes. Such   order shall be enforced to obtain delivery of possession of the property   in the manner provided for in section seventeen of the condemnation law.22. Upon the vesting  of  title  in  the  authority  of  the  property   described  in  a  condemnation proceeding, or at any time thereafter the   authority on notice to the parties to the  proceeding  may  pay  to  any   party  or  person  entitled  to  an  award for the property acquired, in   advance of the determination of the final award, a sum of  money  to  be   determined  by  the authority. Such payment shall be made to the parties   as their interests shall be determined by the court.If the authority shall decide to make a partial payment in advance  to   any  party  or  person  entitled to an award, the interest on any sum so   decided to be paid in advance shall cease to run on  and  after  a  date   five days after such party or person shall have been notified by mail or   otherwise that the authority is ready to pay the same.When  any  such payment in advance shall have been made, the authority   upon paying the final award for the property acquired, shall deduct from   the total amount allowed as compensation, any sum advanced plus interest   thereon from the date of the payment of such advance to the date of  the   final award in the proceeding.23.  To  enter  into  a  contract  or  contracts  with  the  board  of   supervisors  of  Erie  county  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, and to contract for   the operation and management of  such  county  water  district,  all  as   provided  in  article five-a of the county law and article five-b of the   general municipal law. Such water authority shall be deemed the agent of   Erie county under any such contract. If such  contract  shall  authorize   the  water  authority  to purchase supplies or equipment or to construct   public works, such authority shall be subject to all provisions  of  law    to  which  Erie  county  would be subject in relation to advertising and   awarding any such contracts for supplies, equipment or public works.