NY Pub Auth L § 1154 (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 7 - Onondaga County Water Authority 1154 - Powers of the Authority.

§ 1154. 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 real estate and 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 incidental to  and   included   in  such  system  or  part  thereof,  and  any  improvements,   extensions and betterments, situated wholly within the county, provided,   however, that the authority shall have the power to purchase any  source   of supply, or water supply system or any part thereof situated wholly or   partly without the territorial limits of the district; 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   covenants  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 supply and  sell  water  for  domestic,  commercial  and  public   purposes at retail to individual consumers within the county of Onondaga   or  at  wholesale  in  the  manner provided by subdivision eight of this   section as a means of so acquiring for such purposes, and the  authority   may  purchase  all  of  the  stock of any existing privately owned water   corporation or company, and thereafter, within a reasonable  time,  such   water corporation or company shall be dissolved;6.  To  condemn  in  the name of the authority, within the territorial   limits of the  county,  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 incidental to and  included   in  such  system  or  part thereof, and any improvements, extensions and   betterments for the purpose of supplying water for domestic,  commercial   and  public purposes at retail to individual consumers within the county   of Onondaga or at wholesale in the manner provided by subdivision  eight   of  this section. The authority shall exercise the power of condemnation   hereby granted in the manner provided by the condemnation law and  title   to the properties described in the condemnation proceedings shall become   and  be vested in the authority in accordance with the provisions of the   condemnation law. 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  municipality  or a political   subdivision  of  the  state,  unless  such  municipality  or   political   subdivision shall consent thereto.7.   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  within  the  county  of   Onondaga, 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 within such county; and   to own and operate, maintain, repair, improve, reconstruct, enlarge  and   extend,  subject  to the provisions of this title, any of its properties   acquired or constructed under this title, all of  which,  together  with   the  acquisition  of  such  properties  are hereby declared to be public   purposes;8. To sell  water  by  volume  to  any  or  all  municipalities,  duly   established  water  districts or privately owned public water supply and   distribution systems in such county. The fact that any municipality  has   procured  or  is  about to procure an independent source of water supply   shall not prevent such  municipality  from  purchasing  water  from  the   authority.  To  sell  any  water  not  needed in such county to any duly   established water district, municipality or privately owned public water   supply and distribution system outside of the county in  which  created.   Not only may the authority sell any surplus water it may have developed,   but  it  may  develop  and provide a sufficient amount of water so as to   supply water outside of the county to any municipality, duly established   water district or privately owned public water supply  and  distribution   system;9.  To  purchase water in bulk from any person, private corporation or   municipality when necessary or convenient  for  the  operation  of  such   water supply and distribution system;10.  To  acquire,  hold, use, lease, sell, transfer and dispose of any   property,  real,  personal  or  mixed,  or  interest  therein,  for  its   corporate  purposes,  including  the  right  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, town water supply  district,  or  to   the county;11.  To  produce, develop, distribute and sell water or water services   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   Onondaga  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;  and  the authority shall not interfere with any   water supply or water system of any  municipality  unless  requested  by   such  municipality after such municipality has held a referendum on such   question and approval given thereon;12. 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. 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  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   Syracuse, which have trial jurisdiction, to hear and determine,  subject   to  the  provisions of the criminal procedure law, any violation of this   title;13. To use the officers, employees, facilities and  equipment  of  the   county  with  the  consent of the county, paying a proper portion of the   compensation or cost;14. To make contracts and  to  execute  all  necessary  or  convenient   instruments,   including   evidences   of  indebtedness,  negotiable  or   non-negotiable;15. To enter on any lands, waterways and premises for the  purpose  of   making surveys, soundings and examinations;16.  To  borrow  money and to issue negotiable bonds or notes or other   obligations and to fund or refund the  same,  and  to  provide  for  the   rights of the holders of its obligations;17. 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, notes or   other obligations 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;18. 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   interconnection   of   facilities, the exchange or interchange of services and commodities, and   within  the  territorial limits of the district to enter into a contract   for the construction and operation and maintenance of a water supply and   distribution system by the authority for any municipality  having  power   to  construct  and  develop a water supply and distribution system, upon   such terms and conditions  as  shall  be  determined  to  be  reasonable   including,  but  not  limited  to the reimbursement of all costs of such   construction, or for any other lawful purposes necessary or desirable to   effect the purposes of this title;19. 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;20.  To  do all things necessary or convenient to carry out the powers   expressly given in this title.21. To contract with  the  board  of  supervisors  of  the  county  of   Onondaga  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  or  districts,  and  to contract for the   operation  and  management  of  any  such  district  or  districts,   in   accordance  in  each  case  with the provisions of article five-A of the   county law.22. To act as a county water agency in accordance with the  provisions   of article five-A of the county law. 23. To contract for the purposes of subdivision twenty-four of section   ten of article two of the highway law.24.  Notwithstanding any other provision of this section, to purchase,   construct, lease and operate water systems and properties in  the  towns   of Sullivan, Lenox, Lincoln, Volney, Verona, Vienna, Hannibal, Hastings,   Minetto,  Schroeppel,  Scriba,  Oswego,  West Monroe, Annsville, Granby,   Constantia, Parish and Sterling to enter into any contract authorized by   this section with any municipality within the territorial limits of said   towns, and to supply and sell any water not  needed  in  the  county  of   Onondaga  at  retail  or at wholesale to individual consumers within the   territorial limits of said towns.