2023 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.