263 - Powers.

§  263.  Powers.  The administrative head or body may acquire by gift,  lease, purchase or condemnation, real estate and  easements,  rights  of  way  or  other interests therein necessary or proper for the purposes of  the district. In Suffolk  county  it  may  acquire  by  gift,  lease  or  purchase  personalty  or  it  may  accept  the  gift  of  a sum of money  necessary or proper for the purposes of the district. In  water  quality  treatment  districts,  it may request, receive and administer grants and  other sums of  money  necessary  or  proper  for  the  purposes  of  the  district.  In  the county of Oneida, it may grant easements or rights of  way necessary or proper for the purposes of the  district.  It  may  (1)  construct,  reconstruct,  improve  or  repair facilities in or under the  surface of any highway in the  county  or  in  another  county  for  the  purpose  of  transporting  water,  sewage  or  drainage to or within the  county district, and shall cause such highway  to  be  restored  to  its  usual  condition  at the expense of the district, or (2) provide for the  collection and disposition of garbage, ashes, rubbish  and  other  waste  matter  in  such  district,  and  for  that  purpose may provide for the  construction, operation and  maintenance  of  all  necessary  appliances  appurtenant  thereto, including such vehicles as may be required for the  collection and disposition of garbage, ashes, rubbish  and  other  waste  matter.  No  facilities  shall  be laid under any county parkway, county  road, town highway or city or village street without the consent of  the  officer  or  body having jurisdiction over, and control thereof, and, in  the case of the state thruway, state parkways,  state  highways,  county  roads  or  county  parkways, or highways constructed pursuant to section  one hundred ninety-four, section one hundred ninety-five or article  six  of  the  highway  law,  in addition to such consents, the consent of the  state commissioner of transportation or  other  state  officer  or  body  having jurisdiction over and control thereof.    The administrative head or body of a county sewer district may acquire  by  condemnation  from railroad corporations, real estate and easements,  rights of way or other interests of such railroad corporations necessary  or proper for the purposes of the district, provided, however,  that  in  the  event  the railroad objects to such condemnation on the ground that  it will interfere  with  the  safe  and  uninterrupted  maintenance  and  operation  of  the  railroad,  the railroad shall have thirty days after  receipt of notice of such condemnation to request a hearing  before  the  commissioner of transportation. The commissioner of transportation shall  give  the  railroad and the district notice of not less than ten days of  the time and place scheduled  for  such  hearing.  The  commissioner  of  transportation,  after  hearing  the  evidence shall decide whether such  condemnation is permissible and in the public interest, and  whether  an  order  permitting  the county sewer district to enter upon said railroad  lands to perform such work is necessary and  proper;  such  order  shall  also  include  terms  protecting  the railroad in safe and uninterrupted  maintenance and operation of said railroad during the performance of any  work on railroad lands by employees and agents of the sewer district  if  their entry upon railroad lands for such work is deemed necessary by the  commissioner's  order.  The  determination  of the commissioner shall be  subject to judicial review pursuant  to  article  seventy-eight  of  the  civil practice law and rules.    The administrative head or body of any county water district on behalf  of  such  county  water  district,  with  the  approval  of the board of  supervisors of such county, a county water authority, any city, any town  on behalf of a town water  district,  and  any  village  which  own  and  operate   water   systems   may   enter  into  contracts  providing  for  interconnections of such water systems, regulating the sale of water, or  the purchase of water, by any of the parties to the contract to  anotherparty  to  the  contract, which contracts may contain such other further  covenants,  agreements,  terms  and  conditions  which  the  contracting  parties  deem  necessary  or  desirable for the efficient and economical  operation  of  the  respective  water  systems  of  the  parties  to the  contract, provided, however, that no such contract shall  relate  to  an  area  then  being served by any such county water district, county water  authority, city, town water district or village without the  consent  of  the  governing board of the district, authority, city or village, as the  case may be. Any such contract shall be subject to the approval  of  the  water resources commission.