2023 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.