NY-TCP Transportation Corporations Law NY

Short title. This chapter shall be known as the "Transportation

Corporations Law."

Classification of transportation corporations. A transportation

corporation shall be either,

1. A gas corporation, an electric corporation or a gas and electric

corporation.

2. A telegraph corporation, a telephone corporation or a telegraph and

telephone corporation.

3. A water-works corporation.

5. A ferry corporation.

6. A pipe line corporation.

7. A freight terminal corporation.

8. A district steam corporation.

9. Sewage-works corporation.

Incorporation. (a) A transportation corporation may be formed

under this chapter, in accordance with the procedure for the formation

of corporations set forth in article four of the business corporation

law, by delivering to the department of state for filing a certificate

of incorporation entitled "Certificate of incorporation of . . . (name

of corporation) pursuant to section three of the transportation

corporations law".

(b) In addition to the statements prescribed by section four hundred

two of the business corporation law, a certificate of incorporation of a

transportation corporation shall designate the particular kind of

transportation corporation to be formed, and shall state:

1. If a gas corporation, an electric corporation, or a gas and

electric corporation, the county or counties in which its operations are

to be carried on;

2. If a telegraph corporation, a telephone corporation, or a telegraph

and telephone corporation, the territory in which its operations are to

be carried on;

3. If a water-works corporation, the cities, towns and villages to be

supplied with water, and that the consent of the authorities of such

cities, towns and villages required by this chapter has been obtained,

and that such consent has been annexed thereto;

5. If a ferry corporation, the places from and to which the ferry is

to run;

6. If a pipe line corporation, the places from and to which the pipe

line is to be maintained, as nearly as practicable, and the county or

counties through which or in which it is to be maintained and operated;

7. If a freight terminal corporation, the limits of the locality in

which its operations are to be carried on;

8. If a district steam corporation, the cities, towns and villages to

be supplied with steam and that the consent of the authorities of such

cities, towns and villages required by this chapter has been obtained,

and that such consent has been annexed thereto.

Applicability of business corporation law to transportation

corporations. (a) The business corporation law applies to a corporation

heretofore or hereafter formed under this chapter, or under any other

statute or special act of this state, or under laws other than the

statutes of this state, which has as its purpose or among its purposes a

purpose for which a corporation may be formed under this chapter, except

that in case of a conflict between the business corporation law and this

chapter the provisions of this chapter shall govern. If there is in this

chapter a provision relating to a matter embraced in the business

corporation law and not in conflict therewith, both provisions shall

apply. Any corporation to which the business corporation law is made

applicable by this section shall be treated as a "corporation",

"domestic corporation", or "foreign corporation", as such terms are used

in the business corporation law, except that the purposes for which any

such corporation may be formed under section three of this chapter shall

not thereby be extended.

(b) For the purpose of this section and elsewhere in this chapter, the

effective date of the business corporation law as to corporations to

which the business corporation law is made applicable by this section

shall be June first, nineteen hundred sixty-four.

Application. A corporation heretofore or hereafter incorporated

under a general law for a purpose or purposes for which a corporation

may be formed under this chapter shall in respect to such purpose or

purposes have all the powers and privileges conferred, and be subject to

all the duties, liabilities and limitations imposed, on a corporation

organized for such purpose or purposes under this chapter. Any

corporation heretofore incorporated under a general law for any one or

more of the purposes specified in this chapter, may exercise the powers

now possessed by it to carry on any business in which it now may

lawfully engage. A corporation heretofore incorporated under or by

special law for such purpose or purposes shall in respect to such

purpose or purposes have all the powers and privileges conferred, and be

subject to the duties, liabilities and limitations imposed by this

chapter, in so far as such duties, liabilities and limitations are not

inconsistent with such special law.

Merger of subsidiary corporations. (a) Any domestic

transportation corporation or any foreign corporation authorized to do

in this state any business which may be done in this state by a domestic

transportation corporation, owning at least ninety-five percent of the

outstanding shares of each class of any domestic corporation or

corporations authorized to engage in business similar or incidental to

the business which the possessor corporation is authorized to engage in,

and any domestic transportation corporation owning at least ninety-five

percent of the outstanding shares of each class of any foreign

corporation authorized to do in this state any business which may be

done in this state by a domestic transportation corporation and also

authorized to engage in business similar or incidental to the business

which the possessor corporation is authorized to engage in, may merge

such corporation or corporations into itself without the authorization

of the shareholders of any such corporation, in accordance with the

procedure and with the effect set forth in article nine of the business

corporation law for the merger of subsidiary corporations.

(b) Any omnibus corporation may be merged under this section with any

railroad corporation, provided such railroad corporation shall have

substituted stages, buses or motor vehicles for cars or trains upon

tracks on any portion of its route in accordance with section one

hundred twenty-one of the transportation law.

* § 7. Agreement for fiber optic utility use and occupancy of state

right of way. The commissioner of transportation is hereby authorized to

enter into an agreement with any fiber optic utility for use and

occupancy of the state right of way for the purposes of installing,

modifying, relocating, repairing, operating, or maintaining fiber optic

facilities. Such agreement may include a fee for use and occupancy of

the right of way, provided, however, such fee shall not be greater than

fair market value. Any provider using or occupying a right of way in

fulfillment of a state grant award through the New NY Broadband Program

shall not be subject to a fee for such use or occupancy. Any fee for use

or occupancy charged to a fiber optic utility shall not be passed

through in whole or in part as a fee, charge, increased service cost, or

by any other means by a fiber optic utility to any person or entity that

contracts with such fiber optic utility for service. Any compensation

received by the state pursuant to such agreement shall be deposited by

the comptroller into the special obligation reserve and payment account

of the dedicated highway and bridge trust fund established pursuant to

section eighty-nine-b of the state finance law. Nothing herein shall

impair, inhibit, or otherwise affect the ability of any municipality to

regulate zoning, land use, or any other power or authority granted under

the law. For purposes of this section, "municipality" shall include a

county, city, village, or town.

* NB Repealed May 9, 2022

* NB Repealed April 12, 2024

Definitions. A gas corporation is a corporation organized to

manufacture, to produce or otherwise acquire and to supply for public

use artificial or natural gas, a mixture of both artificial and natural

gases or thermal energy for light, heat or power and for lighting the

streets and public and private buildings of cities, villages and towns

in this state. An electric corporation is a corporation organized to

manufacture, to produce or otherwise acquire, and to supply for public

use electricity or thermal energy for light, heat or power, and for

lighting streets, avenues, public parks and places and public and

private buildings of cities, villages and towns within this state. A gas

and electric corporation is a corporation organized for purposes of both

a gas corporation and an electric corporation. For purposes of this

article, "thermal energy" shall have the same meaning as defined by

subdivision twenty-eight of section two of the public service law.

Powers. Every such corporation shall have the following powers:

1. A gas corporation and a gas and electric corporation shall have power

to manufacture gas, and to acquire thermal energy or natural or

artificial gas and to mix the gases and to sell and furnish thermal

energy for heating or cooling or gas for light, heat or power; and to

lay conductors, pipes, conduits, ducts and other fixtures for gas or

thermal energy networks in the streets, highways and public places, in

each city, village and town in the county or counties named in its

certificate of incorporation, with the consent of the municipal

authorities of such city, village or town, and under such reasonable

regulations as they may prescribe.

2. Every corporation having authority under any general or special law

or under any charter or franchise, to lay down, erect or maintain pipes,

conduits, ducts or other fixtures in, over or under the streets,

highways and public places of any municipality for the purpose of

furnishing or distributing natural gas or thermal energy, may acquire

and supply for public use artificial gas or thermal energy.

Where any gas corporation is serving natural gas under permits or

franchises permitting the laying or maintaining of mains or pipes and

conveying natural gas, and the supply of natural gas has become

inadequate or insufficient to give reasonable service to consumers in

the municipalities served by it, such gas corporation may supply

artificial gas or a mixture of natural and artificial gases or thermal

energy under such permits or franchises.

3. An electric corporation and a gas and electric corporation shall

have power to generate, acquire and supply electricity or thermal energy

for heat, cooling or power in cities, towns and villages within this

state, and to light the streets, highways and public places thereof, and

the public and private buildings therein; and to make, sell or lease all

machines, instruments, apparatus and other equipments therefor, and for

transmitting and distributing electricity or thermal energy, to lay,

erect and construct suitable wires or other conductors, with the

necessary poles, pipes, thermal energy networks or other fixtures in,

on, over and under the streets, avenues, public parks and places in such

cities, towns or villages, with the consent of the municipal authorities

thereof, and in such manner and under such reasonable regulations, as

they may prescribe.

3-a. An electric corporation and a gas corporation shall have power

and authority to acquire such real estate as may be necessary for its

corporate purposes and the right of way through any property in the

manner prescribed by the eminent domain procedure law.

3-b. The construction, use and maintenance by an electric corporation

of transmission, distribution and service lines and wires or thermal

energy networks in, over or under any street, highway or public place

and the construction, use and maintenance by a gas corporation of

transmission, distribution and service pipes, conduits, ducts or other

fixtures in, over or under any trees, highway or public place, as may be

necessary for its corporate purposes, are hereby declared to be public

uses and purposes.

Where any person or corporation other than the state, a political

subdivision thereof, or a municipality is the owner of any right, title

or interest in or to any street, highway or public place, or in or to

the land on which the street, highway or public place is located, an

electric corporation or a gas corporation is hereby authorized and

empowered to acquire the right to construct, use and maintain such lines

or wires and such pipes, conduits, ducts or other fixtures, in, over or

under such street, highway or public place, from such owner or owners,

by petition in the manner prescribed by section four hundred two of the

eminent domain procedure law to the supreme court in the county in which

such street, highway or public place is situated. The corporation shall

file with the court a certificate of the public service commission

certifying that the right sought to be acquired is necessary and in the

public interest and such certificate shall be conclusive evidence as to

the matters lawfully certified therein.

After a hearing on such petition and any answer thereto, if the court

shall find that such right to construct, use and maintain is necessary

for the corporate purposes of the corporation, it shall enter its

judgment adjudging that such right is necessary for the public use and

that the corporation is entitled to construct, use and maintain its

lines or wires or pipes, conduits, ducts or other fixtures in, over or

under such street, highway or public place and adjudging pursuant to the

eminent domain procedure law the compensation to be made by the

corporation to the owner or owners.

4. Any two or more domestic gas corporations, electric corporations,

gas and electric corporations, and any other domestic corporation formed

for the purpose of engaging in any business in which domestic gas

corporations, electric corporations or gas and electric corporations may

engage, may merge or consolidate in accordance with the procedure and

with the effect set forth in article nine of the business corporation

law.

5. A corporation mentioned in this article or incorporated under or by

any general or special law of this state for the purpose of supplying

for public use electricity for light, heat or power in cities, towns or

villages in this state, upon filing a certificate of amendment therefor,

to which is annexed the consent required by section one hundred and

eleven of this chapter, shall have all the rights, privileges and powers

and be subject to all the restrictions of district steam corporations.

6. The term "municipal authorities" as used in subdivisions one and

three of this section, shall be deemed to be the local legislative body

of a city, the board of trustees of a village and the town board of a

town. All consents in writing for the doing of acts mentioned in such

subdivisions given before April fourteenth, nineteen hundred and

twenty-two, in writing by the highway commissioners or town

superintendent of highways or the town board of any town to any

corporation organized under the provisions of this article shall be

deemed to be the consents of the municipal authorities required by this

section.

7. Subdivisions three and three-a of this section shall not apply to

any merchant transmission company which:

(a) commences and ends in the state of New York;

(b) through its employees, agents, representatives, or assigns, has

represented in testimony that the construction of such power

transmission lines will increase electric rates in any part of the

state; and

(c) which applied for and did not receive an early designation as a

national interest electric transmission corridor under an act of

congress commonly known as the Energy Policy Act of 2005.

Gas and electricity must be supplied on application. Except in

the case of an application for residential utility service pursuant to

article two of the public service law, upon written application of the

owner or occupant of any building within one hundred feet of any main of

a gas corporation or gas and electric corporation, or a line of an

electric corporation or gas and electric corporation, appropriate to the

service requested, and payment by him of all money due from him to the

corporation, it shall supply gas or electricity as may be required for

lighting such building, notwithstanding there be rent or compensation in

arrears for gas or electricity supplied, or for meter, wire, pipe or

fittings furnished, to a former occupant thereof, unless such owner or

occupant shall have undertaken or agreed with the former occupant to pay

or to exonerate him from the payment of such arrears, and shall refuse

or neglect to pay the same; and if for the space of ten days after such

application, and the deposit of a reasonable sum as provided in the next

section, if required, the corporation shall refuse or neglect to supply

gas or electric light as required, such corporation shall forfeit and

pay to the applicant the sum of ten dollars, and the further sum of five

dollars for every day thereafter during which such refusal or neglect

shall continue; provided that no such corporation shall be required to

lay service pipes or wires for the purpose of supplying gas or electric

light to any applicant where the ground in which such pipe or wire is

required to be laid shall be frozen, or shall otherwise present serious

obstacles to laying the same; nor unless the applicant, if required,

shall deposit in advance with the corporation a sum of money sufficient

to pay the cost of his proportion of the pipe, conduit, duct or wire

required to be installed, and the expense of the installation of such

portion.

Refusal or neglect to pay rent. If any person supplied with gas

or electric light by any such corporation, except residential customers

supplied pursuant to article two of the public service law shall neglect

or refuse to pay the rent or remuneration due for the same or for the

wires, pipes or fittings let by the corporation, for supplying or using

such gas or electric light or for ascertaining the quantity consumed or

used as required by his contract with the corporation, or shall refuse

or neglect, after being required so to do, to make the deposit required,

such corporation may discontinue the supply of gas or electric light to

the premises of such person; and the officers, agents or workmen of such

corporation may enter into or upon such premises between the hours of

eight o'clock in the forenoon and six o'clock in the afternoon, and

separate and carry away any meter, pipe, fittings, wires or other

property of such corporation, and may disconnect any meter, pipe,

fittings, wires or other works whether the property of the corporation

or not, from the mains, pipes or wires of the corporation. But the

supply of gas or electric light shall not be discontinued for

non-payment of bills rendered for service until and after a five-day

written notice has been served upon such person either by delivering the

same to such person personally or by mailing the same in post-paid

wrapper addressed to such person at premises where service is rendered.

No rent for meters to be charged. No gas corporation, electric

corporation or gas and electric corporation directly or indirectly shall

charge or collect rent on its gas meters, and any person, or corporation

violating this provision shall be liable to a penalty of fifty dollars

for each offense, to be sued for and recovered in the corporate name of

the city, town or village where the violation occurs, in any court

having jurisdiction, and when collected to be paid into the treasury of

such city, town or village and to constitute a part of the contingent or

general fund thereof.

Construction over Indian reservation. A gas corporation, an

electric corporation or a gas and electric corporation may contract with

the chiefs of any nation of Indians over whose lands it may be necessary

to construct its gas or electric lines for the right to construct such

lines upon such lands, but no such contract shall vest in the

corporation the fee of such lands nor the right to occupy the same for

any purpose other than for the construction, operation and maintenance

of such lines, nor shall such contract be valid or effectual until the

same has been ratified by the county court of the county in which the

lands are situated and approved by the public service commission

pursuant to section sixty-eight of the public service commission law.

Definitions. A telegraph corporation is a corporation organized

to construct, own, use and maintain a line or lines of electric

telegraph wholly within or partly without this state, or to acquire and

own any interest in any such line or lines, or any grants therefor or

for any or all of such purposes. A telephone corporation is a

corporation organized to construct, own, use and maintain a line or

lines of electric telephone wholly within or partly without the state,

or to acquire and own any interest in any such line or lines, or any

grants therefor or for any or all of such purposes. A telegraph and

telephone corporation is a corporation organized for both such telegraph

and telephone purposes.

Extension of lines. A telegraph corporation, a telephone

corporation or a telegraph and telephone corporation heretofore or

hereafter incorporated under or by any general or special law may

construct, own, use and maintain any line of electric telegraph or

telephone, whether or not the line and the territory in which it be

located was described in its original certificate of incorporation, and

whether wholly within or wholly or partly without the state, and may

join with any other corporation in constructing, leasing, owning, using

and maintaining such line, or hold or own any interest therein, or

become lessees thereof, upon delivering to the department of state for

filing a certificate of amendment. If the lines or territory are to be

extended the certificate shall describe the territory in which the

operations of the corporation are to be carried on.

Construction of lines. Any such corporation may erect, construct

and maintain the necessary fixtures for its lines upon, over or under

any of the public roads, streets and highways; and through, across or

under any of the waters within the limits of this state, and may erect,

construct and maintain its necessary stations, plants, equipment or

lines upon, through or over any other land, subject to the right of the

owners thereof to full compensation for the same. If any such

corporation can not agree with such owner or owners upon the

compensation to be paid therefor, such compensation shall be ascertained

in the manner provided in the eminent domain procedure law. Any such

corporation is authorized, from time to time, to construct and lay lines

of electrical conductors under ground in any city, village or town

within the limits of this state, subject to all the provisions of law in

reference to such companies not inconsistent with this section; provided

that such corporation shall, before laying any such line in any city,

village or town of this state, first obtain from the common council of

cities, or other body having like jurisdiction therein, the trustees of

villages, or the town superintendents of towns, permission to use the

streets within such city, village or town for the purposes herein set

forth. Nothing in this section shall limit, alter, or affect the

provisions or powers relating or granted to telegraph corporations

heretofore created by special act of the legislature of this state,

except in so far as to confer on any such corporation the right to lay

electrical conductors under ground.

Transmission of dispatches. Every such corporation shall receive

dispatches from and for other telegraph or telephone lines or

corporations, and from and for any person, and on payment of the usual

charges for transmitting dispatches as established by the rules and

regulations of such corporation, transmit the same with impartiality and

good faith and in the order in which they are received, and if it

neglects or refuses so to do, it shall pay one hundred dollars for every

such refusal or neglect to the person sending or desiring to send any

such dispatch and entitled to have it so transmitted, but arrangements

may be made with the proprietors or publishers or newspapers for the

transmission for publication of intelligence of general and public

interest out of its regular order.

Transfer of property to other corporations. Any such corporation

may lease, sell or convey its property, rights, privileges and

franchises, or any interest therein, or any part thereof to any

telegraph, telephone or telegraph and telephone corporation organized

under or created by the laws of this or any other state, and may acquire

by purchase, lease or conveyance the property rights, privileges and

franchises, or any interest therein or part thereof of any such

corporation, and may make payments therefor in its own stock, money or

property, or receive payment therefor in the stock, money or property of

the corporation to which the same may be so sold, leased or conveyed.

Special police officers of corporation operating signal systems.

The police department or board of police of any city may, in addition to

the police force now authorized by law, appoint a number of persons, not

exceeding two hundred, who may be designated by any corporation

operating a system of signaling by telegraph to a central office for

police assistance, to act as special patrol officer in connection with

such telegraph system. And the persons so appointed shall, in and about

such service, have all the powers possessed by the members of the

regular force, except as they may be limited by and subject to the

supervision and control of the police department or board of police of

such city. No person shall be appointed such special police officer who

does not possess the qualifications required by such police department

or board of police for such special service; and persons so appointed

shall be subject, in case of emergency, to do duty as part of the

regular police force of the city. The police department or board of

police shall have power to revoke any such appointment at any time, and

every person appointed shall wear a badge and uniform, to be furnished

by such corporation and approved by the police department or board of

police; such uniform shall be designated at the time of the first

appointment and shall be the permanent uniform to be worn by such

special police, and the pay of such special patrol officer and all

expenses connected with their service shall be wholly paid by such

corporation, and no expense or liability shall at any time be incurred

or paid by the police department or board of police of any city, for or

by reason of the services of such persons so appointed.

Merger or consolidation of telephone corporations. Any two or

more domestic telephone corporations may merge or consolidate with each

other, in accordance with the procedure and with the effect set forth in

article nine of the business corporation law.

Merger or consolidation of telegraph corporations. Any two or

more domestic telegraph corporations may merge or consolidate with each

other, in accordance with the procedure and with the effect set forth in

article nine of the business corporation law.

Application of article. The provisions of this article shall

apply to corporations owning, leasing, maintaining or operating or

organized for the purpose of owning, leasing, maintaining or operating,

a radio or wireless plant, equipment or system as a part of, or in

conjunction with, a station or stations engaged in or designed to engage

in public commercial intercourse by wireless telegraphy or telephony,

and also corporations for the generation and distribution of music

electrically; and such corporations shall possess the powers and be

subject to all the duties granted to or imposed upon telegraph or

telephone corporations thereby except that such corporations organized

solely for the generation and distribution of music electrically shall

not have or exercise the right of condemnation.

Definition. A water-works corporation is a corporation organized

to supply water by mains or pipes to any of the cities, towns or

villages in this state, and the inhabitants thereof.

Municipal consent to incorporation. No certificate of

incorporation of a water-works corporation shall be filed unless there

be annexed thereto a consent to the formation of the corporation, signed

and acknowledged by the local authorities of each municipality named in

such certificate. Such authorities shall be: in a city, a majority of

the members of the board or body having charge of the water supply, or

if there be no such board or body, a majority of the members of the

local legislative body; in a village, a majority of the members of the

board of trustees; in a town outside of a village, the town

superintendent of highways and a majority of the members of the town

board. Such consent to the formation of the corporation shall not be

granted by said local authorities until ten days prior notice in writing

of the application for such consent and until an engineering plan for

proposed water system specifying location and size and type of wells,

pumps, distribution mains and other facilities of the water supply

and/or distribution system is furnished by the water works corporation

to the local authorities and to the county water authority, and to the

county water district if there be such authority or district where the

proposed corporation seeks to operate; and until said authority or

district has reported in writing to the municipality named in the

certificate of incorporation its recommendations as to whether or not

such consent should be granted, setting forth the reasons for such

recommendation and a finding as to whether the proposed water supply

and/or distribution system is reasonably comparable to standards of a

county-wide water system and suitable for eventual integration with such

county-wide water system. Said report shall be filed with such

municipality on or before the tenth day after the giving of the notice

aforesaid.

Duty to supply water; contracts with municipalities. Such

corporation shall supply each city, town or village through which the

conduits or mains of such corporation may pass, or wherein such

corporation may have organized, and the inhabitants thereof, with pure

and wholesome water, at reasonable rates. The board of trustees of any

incorporated village and the water commissioners or other board or

officials performing the duties of water commissioners and having charge

of the water supply of any city, shall have the power to contract in the

name and behalf of the municipal corporation for the term of one year or

more for the delivery by such corporation to the village or city of

water, through hydrants or otherwise, for the extinguishment of fires

and for sanitary and other public purposes. The amount agreed to be paid

shall be annually raised as a part of the expenses of such village or

city, and shall be assessed, levied and collected in the same manner as

other expenses, and when collected shall be kept as a separate fund, and

paid according to the terms and conditions of such contract. No such

contract shall be made for a longer period than ten years nor for an

annual amount exceeding in the aggregate two and one-half mills for

every dollar of the taxable property of such village or city, except (a)

upon the petition of a majority of the taxable inhabitants of any such

village or city, or of the portion thereof to be supplied, or (b) upon a

proposition to authorize the same submitted to a vote of the electors of

the village or city, in the manner provided by the village law or city

charter, and approved by a majority of the voters entitled to vote and

voting thereon at an annual election or a special election duly called.

Such contract shall be for a term not exceeding twenty years.

Powers. Every such corporation shall have the following

additional powers:

1. To lay and maintain its pipes and hydrants for delivering and

distributing water in any street, highway or public place of any city,

town or village in which it has obtained the consent required by section

forty-one of this article.

2. To lay its water pipes in any streets or avenues or public places

of an adjoining city, town or village; provided that such right in an

adjoining city or village having a population of more than twelve

thousand inhabitants shall be subject to the permission of the local

authorities thereof and upon such conditions as they may prescribe.

3. To cause examinations and surveys to be made to determine the

proper location of its waterworks, and for such purpose by its officers,

agents or servants to enter upon any lands or waters, subject to

liability for all damages done.

4. To enter into appropriate agreements with the secretary of

agriculture of the United States department of agriculture to operate

without profit for the term specified therein for the purpose of

qualifying to receive federal assistance pursuant to the consolidated

farmers home administration act of nineteen hundred sixty-one and any

federal laws amendatory and supplementary thereto. Any such agreement to

operate without profit shall be subject to the approval of a majority of

the stockholders entitled to vote thereat at any regular or special

stockholders' meeting. Any stockholder so entitled to vote who does not

vote for or consent in writing to the taking of this action, shall,

subject to and by complying with the provisions of section six hundred

twenty-three of the business corporation law, have the right to receive

payment of the fair value of his stock and the other rights and benefits

provided by such section.

Survey and map. Before taking or using any land, for its

corporate purposes such corporation shall cause a survey and map to be

made of the lands intended to be taken designating the land of the

several owners or occupants thereof, which map shall be signed by the

president and its secretary, and filed in the office of the county clerk

of the county in which such lands are situated.

Condemnation of real property. Any such corporation shall have

the right to acquire real estate, or any interest therein, necessary for

the purposes of its incorporation, and the right to lay, relay, repair

and maintain conduits and water pipes with connections and fixtures, in,

through or over the lands of others, the right to intercept and divert

the flow of waters from the lands of riparian owners, and from persons

owning or interested in any waters, and the right to prevent the flow of

drainage of noxious or impure matters from the lands of others into its

reservoirs or sources of supply. If any such corporation, which has made

a contract with any city, town or village or with any of the inhabitants

thereof for the supply of pure and wholesome water as authorized by

section forty-two, shall be unable to agree upon the terms of purchase

of any such property or rights, it may acquire the same by condemnation.

But no such corporation shall have power to take or use water from any

of the canals of this state, or any canal reservoirs as feeders, or any

streams which have been taken by the state for the purpose of supplying

the canals with water.

Corporations may contract with other cities, towns or villages;

certificate of extension; effect of merger. When any such corporation

has entered into a contract with the authorities of any city, town or

village not mentioned in its certificate of incorporation, but situated

in the same county as the city, towns or villages mentioned therein or

in an adjoining county, to supply it with pure and wholesome water, it

may file a certificate which shall be entitled and endorsed "certificate

of extension of territory of .......................... pursuant to

section forty-six of the transportation corporations law" (the blank

space being filled in with the name of the corporation) and which shall

state:

1. The name of the corporation, and, if it has been changed, the name

under which it was originally incorporated.

2. The name of such other city, town or village to be so supplied with

water.

Such certificate shall be signed and acknowledged by the president or

a vice-president and the secretary or an assistant secretary of the

corporation, who shall make and annex an affidavit that they have been

authorized to execute and file the same by the vote of a majority of the

directors of the corporation.

Such certificate shall be filed in each public office in which the

certificate of incorporation is filed. Any corporation which has

heretofore filed or shall file such certificate as aforesaid may

thereupon supply any such city, town or village with water in the same

manner and with the same rights and subject to the same requirements as

if it had been named in the original certificate of incorporation, and

as if such certificate of incorporation had had annexed thereto a

consent to the formation of the corporation, signed and acknowledged by

the local authorities of such municipal corporation, as defined in

section forty-one of this chapter.

The right of merger of waterworks corporations shall not be limited to

corporations operating in the same or adjoining counties, and if a

waterworks corporation be merged pursuant to law with another waterworks

corporation operating in the state, any municipal corporation or

political subdivision of the state, and any public officer, board or

body, authorized by statute to contract with such a merged corporation,

shall have power and authority to contract and deal with the possessor

corporation in the same manner and with the same effect as with such

merged corporation.

Merger or consolidation of waterworks corporations. Any two or

more domestic waterworks corporations may merge or consolidate with each

other, in accordance with the procedure and with the effect set forth in

article nine of the business corporation law.

Definition. A ferry corporation is a corporation organized to

operate a ferry, wholly within or partly without this state.

Powers. Any such corporation shall have power to take by grant

or by assignment a franchise or right to establish and operate a ferry

or ferries, as specified in the certificate of incorporation, subject to

the rights of any person, or municipal or other corporation.

In any case when an application is made to the local governing body of

a county without the city of New York for a grant such local governing

body is authorized to make such grant if a public necessity therefor is

shown. Whenever it is shown to such local governing body upon an

application for a grant that the tangible property of a ferry

corporation, employed or to be employed in the exercise of a ferry

franchise or right, is of the value of at least ten thousand dollars,

such local governing body may grant such franchise or right for a period

not exceeding fifteen years.

A ferry corporation, now enjoying a grant from a county court or such

local governing body for a shorter period, shall be entitled to an

extension thereof for a period not exceeding fifteen years from the time

of granting such extension, on application and due proof to the local

governing body of a county that its tangible property, employed in the

exercise of such ferry franchise or right, is of the value of at least

ten thousand dollars.

Posting schedule of rates. A corporation operating a ferry in

this state, or between this state and any other state, shall post in a

conspicuous and accessible place in each of its ferry houses, in plain

view of the passengers, a schedule plainly printed in the English

language, of its rates.

Definitions. 1. A pipe line corporation is a corporation

organized to construct and operate for public use, wholly within or

partly without this state, except in the city of New York, lines of pipe

for conveying or transporting therein petroleum, gas, liquids or any

products or property, or, except in such city, to maintain and operate

for public use for which such purposes lines of pipe already

constructed.

2. For the purposes of this article, the terms "exploration",

"development", "production", and "federal waters" shall be defined as in

section 23-1105 of the environmental conservation law.

3. "North Atlantic planning area" means an area of federal waters in

the outer continental shelf totaling ninety-two million three hundred

twenty thousand acres adjacent to the coastal waters of Maine, New

Hampshire, Massachusetts, Rhode Island, Connecticut, New York, and New

Jersey.

Additional powers. Every such corporation shall have power:

1. To make such examinations and surveys as it may deem necessary for

the selection of the most advantageous route, and for such purpose by

its officers, agents or servants to enter upon the lands or waters of

any person, subject to liability for all damage done thereto.

2. To lay out its route not exceeding fifty feet in width, but at the

termini of such route and at all receiving and discharging points and at

all places where machinery may properly be set up for the operation of

such pipe line to take such additional land as may be necessary.

3. To convey through pipes any property, substance or product capable

of transportation therein by means of any force, power or mechanical

agency, and to erect and maintain all necessary and convenient

buildings, stations, fixtures and machinery for the purposes of its

incorporation.

4. To regulate the time and manner in which property shall be conveyed

through its pipe lines, and the compensation to be paid, but such

compensation shall not be at a rate in excess of twenty-five cents per

one hundred miles for the transportation of forty-two gallons of any

product conveyed through lines of one hundred miles in length or over,

which shall be reckoned and adjusted upon the quantity or number of

gallons delivered by such corporation.

Misconduct of officers and agents of pipe-line corporations.

Any officer, agent or manager of a pipe-line corporation who:

1. Neglects or refuses to transport any product delivered for

transportation, or to accept and allow a delivery thereof in the order

of application, according to the general rules of the corporation, as

provided by law; or,

2. Charges, accepts or agrees to accept for such receipt,

transportation and delivery, a sum different from the amount fixed by

such regulations; or,

3. Allows or pays, or agrees to allow or pay, or suffers to be allowed

or paid or repaid, any draw-back, rebate or allowance, so that any

person shall, by any advice, have or procure any transportation of

products over such pipe-line at a less rate or charge than is fixed in

such regulations,

Is guilty of a misdemeanor, punishable by a fine not exceeding one

thousand dollars, or by imprisonment not exceeding six months, or by

both.

Location of route. Before commencing the construction of its

pipe line in any county, and before commencing any proceeding for the

condemnation of real property, such a corporation shall plainly mark the

route adopted and located by it by stakes consecutively numbered and

placed not more than twenty rods apart, and shall make a map and survey

of the route so located indicating thereon the points where such route

crosses each parcel of land not theretofore acquired, and shall cause

such map and survey to be certified by its president and engineer, and

filed in the office of the clerk of each county into or through which

such route passes. Such corporation shall give written notice of the

filing of such map and survey to the owner or occupant of every such

parcel of land, if he is known or can be ascertained, stating that such

route passes over or across his lands, as indicated thereon by such line

of stakes. Within fifteen days after the service of such notice, any

such owner or occupant feeling aggrieved by such location may give ten

days' written notice to the corporation, by service thereof upon its

president, engineer, or any director, and like notice to the owner or

occupant of any lands to be affected by the alteration of route to be

proposed, of the time and place of an application to a special term of

the supreme court in the judicial district in which the lands are

situated for the appointment of commissioners to relocate such route. If

the court shall determine that sufficient cause exists therefor, it

shall appoint three disinterested persons as commissioners to examine

the route located and the proposed alteration thereof, and direct the

mode of proceeding. The commissioners shall report to the court the

facts and their opinion as to the proposed alteration, and what, if any,

alteration should be made in such route, and the court shall thereupon

make an order finally determining the location of such route upon the

lands embraced therein, and fixing and adjusting the costs, fees, and

charges of the commissioners, and the costs and expenses of the

proceedings, and directing by which party the same shall be paid.

Payment thereof may be enforced by proceedings as for a contempt. Such

corporation shall not begin to construct or lay its line of pipe, or

commence proceedings for the condemnation of real property, in any

county, until after the expiration of fifteen days from the service of

the notice herein required, nor until all applications for a relocation

of its route in such county, if any are made, have been finally

determined.

Condemnation of real property. In case such corporation is

unable to agree for the purchase of any real property required for the

purposes of its incorporation, and its route in the county in which such

real property is situated has been finally located, it shall have the

right to acquire title thereto by condemnation, but such corporation

shall not locate its route or construct any line of pipe through or

under any building, dooryard, lawn, garden or orchard, except by the

consent of the owner thereof in writing duly acknowledged, nor through

any cemetery or burial ground, nor within one hundred feet of any

building except where such line is authorized by public officers to be

laid across or upon any public highway, and shall not construct any line

of pipe that supports facilities or infrastructure associated with

exploration, development, or production of oil or natural gas in federal

waters located in the north Atlantic planning area. No such corporation

shall lay or construct its line of pipe through or under a street in any

city, unless it shall first obtain the consent of a majority of the

owners of property abutting on that portion of the street in which its

pipe line is to be laid. Such pipe line shall be laid with reasonable

care and prudence.

Railroad and highway crossings. Whenever it shall be necessary

for any line of pipe of any such corporation to cross any railroad or

highway, such line of pipe shall be laid under such railroad or highway,

with the least injury practicable, and unless such right to cross shall

be acquired by agreement, compensation shall be made to the railroad

corporation, or in case of highways, to the public, in the manner

prescribed in the eminent domain procedure law, but no exclusive right,

title or use shall be so acquired against a railroad corporation, nor

against the public in a highway. No such corporation shall take or use

any lands, fixtures or structures of any railroad corporation, or

acquire pursuant to the provisions of the eminent domain procedure law,

any right or title to the lands of any such corporation, except for the

purpose of a direct crossing.

Construction across and along canals, rivers and creeks. No

pipe line shall be constructed upon or across any of the canals of this

state, except by the consent of and in the manner and upon the terms

prescribed by the, commissioner of transportation, unless constructed

upon a fixed bridge across such canal, and with the consent of the

person for whose benefit such bridge is constructed and maintained, or

upon such a bridge over the canal, at the crossing of a public highway

or street, with the consent of the public officers having the

supervision thereof, or of the municipal authorities of any village or

city within whose limits such bridge may be, nor shall the pipes of any

such corporation be laid through or along the banks of any of the canals

of this state, nor through or under any of its rivers or creeks, unless

such pipes shall be encased, so as to prevent leakage, in such manner as

shall be approved by the commissioner of transportation.

Consent of local authorities. No pipe lines shall be constructed

across or along any public highway without the consent of the public

officer or body having supervision thereof, upon such terms as may be

agreed upon with him or it, and also in the case of any public highway

in any city or village except as provided in section eighty-seven of

this chapter, provided that if the highway be one under the sole

supervision of a city or village or some official thereof then the

authorization of the municipal authorities as required by section

eighty-seven shall be sufficient without any other consent made

necessary by this section. If such consent, except one required under

section eighty-seven, or the consent of the municipal authorities

required by the preceding section cannot be obtained, application may be

made to the supreme court in the judicial district in which such highway

or bridge is situated for an order permitting the corporation to

construct its line across or along such highway, or upon such bridge.

The application shall be by duly verified petition and notice which

shall be served upon the public officer or body having supervision of

the highway, or the municipal authorities of the village or city where

such bridge is located in a case of consent required by the preceding

section, and the court upon the hearing of the application may grant an

order permitting the line to be constructed in such manner and upon such

terms as it may direct.

Construction through villages and cities. No pipe line shall be

constructed into or through any incorporated village or city in this

state, unless authorized by a resolution prescribing the route, manner

of construction and terms upon which granted, adopted at a regular

meeting of the board of trustees of the village or the legislative body

of the city by a two-thirds vote thereof, but such resolution shall not

affect any private right. No pavement shall be removed in any city under

the provisions of this article, except as directed by the legislative

body, nor until the corporation seeking to remove the same shall give a

bond in such sum as the legislative body may require for relaying of any

pavements removed. In case any pavement shall have been removed and not

properly relaid, the city may sue such corporation, for the cost of

relaying such pavement.

Over Indian reservations. Such corporations may contract with

the chiefs of any nation of Indians over whose lands it may be necessary

to construct its pipe line for the right to construct the same upon such

lands, but no such contract shall vest in the corporation the fee of

such lands, nor the right to occupy the same for any purpose other than

for the construction, operation and maintenance of such pipe line, nor

shall such contract be valid or effectual until the same has been

ratified by the county court of the county in which the lands are

situated.

Over state lands. The commissioner of general services shall

have power to grant to any pipe line corporation any lands belonging to

the people of this state which may be required for the purposes of its

incorporation on such terms as may be agreed, or such corporation may

acquire title thereto by condemnation, except that no corporation may

condemn any lands for the purposes of the construction of any line of

pipe that supports facilities or infrastructure associated with

exploration, development, or production of oil or natural gas in the

north Atlantic planning area, and further excepting that no pipe line

corporation may condemn any canal lands abandoned pursuant to the

provisions of article four of the public lands law until after they have

been sold and conveyed in the manner provided by the public lands law.

If any lands owned by any county, city or town be required by such

corporation for such purposes, the county, city or town officers having

charge of such lands may grant them to the corporation upon terms and

compensation agreed upon.

Use of line to be public; storage; liable as common carrier;

rates and charges. Every such corporation shall be a common carrier and

its pipe lines subject to public use. All persons desiring to transport

products shall have the right on equal terms to transportation in the

order of application, on complying with the reasonable regulations and

charges of such corporation. No application for transportation shall be

valid beyond the quantity of products that the applicant shall then own

and have ready for delivery. Every such corporation shall provide

suitable and necessary receptacles for receiving all such products, and

for storage at the place of delivery, until the same can reasonably be

moved by the consignee. The time for delivery to the consignee shall be

fixed by general regulation of the corporation, and shall be not less

than two days after the same shall be ready for delivery and notice to

such consignee. All rates and charges, for or connected with the

transportation of any products, shall be uniform and be fixed by such

corporation by general regulations, which shall be written or printed

and posted and at all times open to public examination.

Receipts for property; cancellation of vouchers; delivery of

property. No receipt, certificate or order of any kind shall be issued,

made or accepted by any such corporation for any commodity unless the

commodity represented thereby is actually in possession of the

corporation. No commodity received for transportation by such

corporation shall be delivered to any person without the presentation

and surrender of all receipts, certificates or orders issued or accepted

for the same. Whenever any such corporation shall have parted with the

possession of any commodity and received therefor any receipt,

certificate or order, such receipt, certificate or order, shall not be

used again, but shall be mutilated and canceled, and such canceled

receipt, certificate or order shall be preserved by such corporation and

a record of the same kept by the secretary.

Semi-annual statements. Every such corporation shall make a

semi-annual statement showing the quantity of all commodities on hand on

the first day of the period for which the statement is made; the

quantity received and delivered during such period, and the quantity on

hand on the last day of such period, and the quantity represented by

outstanding certificates, receipts or orders, and the credit balances on

the books of the corporation. Such statement shall be made on or before

the tenth day of the month succeeding the period for which the statement

is made and verified by the oaths of the president and secretary, and

shall be filed within three days thereafter in the office of the county

clerk in the county in which the office of the corporation is located,

and a true copy thereof shall be posted in a conspicuous place in its

office for at least thirty days thereafter.

Fences; farm crossings and use of line not inclosed. It shall

not be necessary for any such corporation to fence the lands acquired

for its corporate purposes. But, if not inclosed by a substantial fence,

the owner of the adjoining lands from whom such lands were obtained, his

heirs or assigns, may occupy and use such lands in any manner not

injurious to the interests of the corporation and shall not be liable

therefor, or for any trespass upon any such lands, except for wilful or

negligent injury to the pipes, fixtures, machinery or personal property

of the corporation. If the corporation shall keep such lands inclosed it

shall construct and provide all suitable and necessary crossings with

gates for the use and convenience of any owners of lands adjoining the

portion of its lands so inclosed, and no claim shall be made by it

against any owner of adjoining lands to make or contribute to the making

or maintaining of any division fence between such adjoining lands and

its lands. If it shall neglect to keep and maintain substantial fences

along its lands the owners of adjoining lands may construct and maintain

all farm or division fences, and all line fences crossed by such pipe

line, in the same manner as though it had not acquired such lands for

such pipe line, and it shall be liable for all injuries to such fences

caused or done by any of its officers or agents, or any persons acting

in their or its behalf, or by any laborer in its or their employ or in

the employ of any of its contractors.

Definition. A freight terminal corporation is a corporation

organized to supply, maintain and operate freight terminal facilities--

including docks, wharves, bulkheads, basins, tugs, floats, lighters and

other shipping, and wharfage and lighterage for the receipt, delivery,

storage or handling of freight; terminal warehousing, terminal ways,

terminal stations and stores; and terminal factory and show room

facilities, including power, heat, light and machinery.

Limitation of powers. Nothing in this article shall be so

construed as to permit any such corporation to engage in manufacture or

production, except for its own use, of power, heat, light, supplies and

equipment or to carry on the business of generating, selling or

distributing electricity for light, heat or power, nor shall the right,

operation and use of such privileges be extended beyond the streets or

marginal streets bounding or occupied by the property owned or operated

by such corporation. No railroad corporation, and no corporation or

joint-stock association engaged in carrying on an express business,

shall either directly or indirectly, or through the medium of a holding

company or otherwise, purchase, acquire or hold, any stock, bond or

evidence of indebtedness issued by any such corporation.

Rates; discrimination; liability. Except as to terminal

warehouses, show rooms and factories, such a corporation shall be a

common carrier. Subject to regulation by the commissioner of

transportation, such a corporation may make regulations and fix rates

for each class of its business. Such corporation shall impartially serve

all requiring its service within the locality described in its

certificate of incorporation up to the maximum capacity of its plant and

equipment. No receipt, certificate or order shall be made, issued or

accepted by any such corporation for any commodity not actually in its

possession.

Supervision. Every such corporation shall be subject to

supervision, control and regulation by the commissioner of

transportation to the same extent as railroads and street railroads so

far as the provisions of the transportation law are applicable.

Corporate acts subject to approval of commissioner of

transportation. It shall be necessary for such a corporation to secure

the approval of the commissioner of transportation as a condition to the

following corporate acts: The issuance of stock; the issuance of bonds,

notes or other evidences of indebtedness, payable more than twelve

months after the date of issuance; the mortgaging of property,

privileges or franchises to secure its obligations; the increase or

decrease of its capital or capital stock; the change of number of its

shares; the purchase or acquisition of stocks, bonds or other evidences

of indebtedness of any other corporation, domestic or foreign.

Such order of approval shall state that in the opinion of the

commissioner the use of the capital to be obtained by the issue of such

stock, bonds, notes, or evidences of indebtedness is reasonably required

for the purposes of the corporation, and shall specify the amount of

each issue thereof to which his approval is given.

Merger or consolidation of freight terminal corporations and

other corporations formed for the purpose of engaging in business in

which a freight terminal corporation may engage. Any two or more

domestic freight terminal corporations may merge or consolidate with

each other, and any such corporation may merge or consolidate with any

other domestic corporation formed for the purpose of engaging in any

business in which a domestic freight terminal corporation may engage, in

accordance with the procedure and with the effect set forth in article

nine of the business corporation law.

Condemnation; approval of commissioner of transportation.

Every such freight terminal corporation shall have power to acquire by

condemnation such real property, except that of a public service

corporation, including the right of way through any property, as may be

necessary for its corporate purposes. Such acquisition is hereby

declared to be for a public use. No real property shall be condemned by

any such corporation unless the commissioner of transportation shall

first approve of such condemnation and issue a certificate that the

property to be condemned is required for freight terminal accommodations

needed by the public.

Property devoted to public use for streets, ferries, terminals or

otherwise, whether operated by the public authorities or not, shall not

be condemned except by permission of and subject to such conditions as

may be imposed by the local authority in control thereof, in addition to

the approval of the commissioner of transportation.

Nothing herein shall prevent the condemnation by the state or a

municipal corporation of the property of a freight terminal corporation,

whether or not such freight terminal corporation itself has therefore

acquired such property by condemnation.

Use of streets; municipal consent. Every such freight terminal

corporation may acquire, use and enjoy the privilege to cross or

otherwise use the streets adjacent to any terminal way or terminal

station with the consent and on such terms as may be imposed by the

local authority in control thereof, and subject to the approval of the

commissioner of transportation. If such approval be granted, the

commissioner of transportation shall issue a certificate (1) that such

privilege is needed for public use; (2) that the exercise of such

privilege will leave the street in the main available for ordinary

street uses; and (3) that the exercise of such privilege will enhance

and improve the service afforded by such street to the public. Such

privilege shall be revocable by the city on such notice, not exceeding

one year, as may be specified therein; but such revocation shall not be

effective unless the commissioner of transportation approve of the same

and certify that such privilege is no longer needed for public use or

that the exercise of such privilege has failed to enhance or improve the

service afforded by such street to the public.

Regulation. In construction and operation of its plant and

equipment and in the transaction of its business, every such corporation

shall be subject to all regulations as to construction, fire, health and

safety imposed by law, ordinance or local authority.

Inconsistent acts. The provisions of any act and parts of acts,

including the charter of Greater New York and the charter of any other

city of the state, which are inconsistent with this article, and insofar

only as they are inconsistent with this article, shall have no

application to the rights, powers and obligations conferred or created

by and under authority of this article or to any proceedings thereunder.

Nothing in this article shall be construed to prevent the organization

of a corporation under the provisions of article four of the business

corporation law for the purpose of owning, controlling or operating

warehouses, docks, wharves or water craft, but no corporation formed for

any such purpose under the provisions of the business corporation law

shall have the right or power to acquire real property by condemnation.

Definition. A district steam corporation is a corporation

organized to supply steam to consumers from a central station or

stations through pipes laid wholly or partly in the public streets.

Municipal consent to use streets. A district steam corporation

shall have power to lay and maintain suitable pipes and conduits or

other fixtures in and under the streets, parks and public places of the

cities, villages or towns mentioned in its certificate of incorporation

upon obtaining the written consent of the local authorities thereof and

upon such reasonable regulations as they may prescribe. Such local

authorities shall be: in a city, a majority of the members of the local

legislative body; in a village, a majority of the members of the board

of trustees; in a town, outside of a village, the town superintendent of

highways and a majority of the members of the town board.

Service to be furnished upon application. A district steam

corporation, upon the application in writing of the owner or occupant of

any building or premises, within one hundred feet of any street main

laid down by any such corporation, and payment by him of all money due

from him to it such corporation shall supply steam as may be required

for heating such building or premises, notwithstanding there may be rent

or compensation in arrears for steam supplied, or for meter, pipe or

fittings furnished to a former occupant thereof, unless such owner or

occupant shall have undertaken or agreed with the former occupant to pay

or to exonerate him from the payment of such arrears, and shall refuse

or neglect to pay the same. If, for the space of twenty days after such

application, and the deposit, if required, of a reasonable sum to cover

the cost of connection and two months' steam supply, the corporation

shall refuse or neglect to supply steam as required, it shall forfeit to

such applicant the sum of ten dollars and the further sum of five

dollars for every day thereafter during which such refusal or neglect

shall continue. No such corporation shall be required to lay a service

pipe for the purpose of supplying steam to any applicant when the ground

in which such pipe is required to be laid is frozen, or otherwise

presents serious obstacles to laying the same, nor unless the applicant,

if required, shall deposit in advance with the corporation a sum of

money sufficient to pay for two months' steam supply and the cost of the

necessary connections and of the erection of a meter and such other

special apparatus as are required for use in connection with such steam

supply, and provide the space and right of way necessary for the

erection, maintenance and use of such connections and apparatus, and

signify his assent in writing to the reasonable regulations of the

corporation with reference to the supply of steam to consumers. For the

purposes of this section, a district steam corporation shall not include

a non-profit cooperative corporation organized under the cooperative

corporations law to make or produce and distribute steam solely for the

use of its members.

Examination of meters by agent. Any such corporation may make

an agreement with any of its customers, by which any of its officers or

agents shall be authorized at all reasonable times to enter any

dwelling, store, building, room or place, supplied with steam by such

corporation and occupied by such customer, for the purpose of inspecting

and examining the meters, devices, pipes, fittings and appliances for

supplying or regulating the supply of steam, and for ascertaining the

quantity of steam consumed, or the quantity of water resulting from the

condensation of steam consumed. Every such agreement shall further

provide that such officer or agent shall exhibit his written authority

if requested by the occupant of such dwelling, store, building, room or

place. Any person who shall directly or indirectly prevent or hinder

such officer or agent from entering such dwelling, store, building, room

or place, or from making such inspection or examination, in violation of

such agreement, shall forfeit to the corporation the sum of twenty-five

dollars for each offense.

Entry by agent to cut off steam. If any person, corporation or

association supplied with steam by any such corporation, shall neglect

or refuse to pay the rent or remuneration for such steam, or for the

meter, device, pipes, fittings or appliances, furnished by such

corporation it may thereupon prevent the steam from entering the

premises of such person, persons, corporation or association. If a

person is liable to a forfeiture, or to fine or imprisonment, for a

wrong or offense committed against the corporation, its agents, or

property for which such forfeiture, fine or penalty is imposed by law,

such corporation may also prevent the steam from entering the premises

of the person so liable, or if such person be an officer or agent of any

corporation or association, prevent the steam from entering the premises

of such corporation or association. In all cases in which such

corporation is authorized to prevent the steam from entering any

premises, it may, by its officers, agents or workmen, enter into or on

such premises between the hours of eight o'clock in the forenoon and six

o'clock in the afternoon and cut off, disconnect, separate and carry

away any meter, device, pipe, fitting or other property of the

corporation; and may cut off, disconnect and separate any meter, device,

pipe or fitting, whether the property of the corporation or not, from

the mains or pipes of such corporation.

Definitions. As used in this article, the term:

1. "Sewage-works corporation" means a corporation heretofore or

hereafter organized to provide a sewer system as hereinafter defined for

the disposal of sewage, through an established system of pipe lines,

treatment plants and other means of disposal, and which erects,

operates, maintains and performs other necessary acts incidental

thereto, disposal systems for sewer areas formed within towns or

villages and other municipal areas of the state.

2. "Sewer system" means all sewer pipes and other appurtenances which

are used or useful in whole or in part in connection with the

collection, treatment or disposal of sewage, and other waste, including

sewage pumping stations and sewage treatment and disposal plants and

sites.

3. "Local governing body" means the legislative body of a city, town

or village authorized by law to establish a sewer district or otherwise

to provide sewage-works facilities in such city, town or village wherein

is located the area to be served by the sewage-works corporation.

4. "Sewer district" means a county sewer district established pursuant

to article five-A of the county law or a town sewer district established

pursuant to article twelve or article twelve-A of the town law.

Consent to incorporation. 1. No certificate of incorporation of

a sewage-works corporation shall be filed unless there be annexed

thereto a certificate or certificates duly executed in behalf of the

local governing bodies of the city, town or village, as the case may be,

in which any part of a sewer system provided by such corporation is

situate and, in the county of Suffolk, an additional certificate duly

executed in behalf of the county sewer agency, consenting to the

formation of the corporation for the area described in such certificate.

2. Upon receipt of a request for consent to incorporation, the local

governing body shall grant or deny such request within sixty days

thereafter or within sixty days after notice to it of the approval of

maps and specifications of the proposed system filed with the department

of health having jurisdiction pursuant to section one hundred seventeen

of this article, whichever is later.

Approval by department of health. A local governing body shall

not consent to the establishment of a sewage-works corporation in any

municipality unless there shall first be filed with the department of

health, or city, county, or part-county department of health having

jurisdiction, maps and specifications of the proposed system and such

department shall have given its approval thereof.

Inspection; cost certification. 1. The local governing body,

except in the county of Suffolk, the county sewer agency shall utilize

any licensed professional engineer in its own personnel staff, or retain

a licensed professional engineer or engineering firm to cause the

following to be undertaken and completed:

(a) Initial examinations of the plans and specifications and a report

to the local governing body and in Suffolk county also to the county

sewer agency on the feasibility and adequacy thereof including

recommended modification and changes, if any;

(b) Inspections at reasonable intervals during and after the

construction of the sewage-works systems and a report to the local

governing body and in Suffolk county also to the county sewer agency on

the progress thereof;

(c) A report to the local governing body and in Suffolk county also to

the county sewer agency on the cost of construction of the sewage-works

system and appurtenances thereto and acquisition of all lands and rights

in land therefor, which, in turn, shall apprise the corporation of such

cost report. As a part of his report, the licensed engineer or

engineering firm shall have the right and duty to examine or have

examined the books and records, including all underlying documentation,

of the corporation as well as all reports submitted by the corporation

to governmental agencies or authorities to ascertain and verify the

costs of construction and acquisition. The services of a licensed

certified public accountant or licensed public accountant may be

utilized, where in the judgment of the engineer, they may be required to

properly ascertain and verify the fiscal information to be included in

the engineer's report.

(d) A report to the local governing body and in Suffolk county also to

the county sewer agency that construction has been completed in

accordance with the plans and specifications filed with and approved by

the department of health having jurisdiction.

2. The cost of any such retained licensed professional engineering

services shall be reimbursed to the local governing body or sewer agency

by the corporation, in accordance with an agreement which shall be

entered into between such local governing body or sewer agency and such

corporation stating the cost of such services and the terms for payment

thereof.

Guaranties. 1. The local governing body shall require the

posting of a performance bond for the completion of the construction of

the sewage-works system, and may require the posting of an additional

bond or other guaranty for the payment of labor and material furnished

in the course of such construction, and for the cost of retained

engineering services to the local governing body or sewer agency.

2. The local governing body shall require a reasonable guaranty from

the corporation that said corporation will continue to maintain and

operate the system for a period of at least five years, in the form of a

bond or other security acceptable to the local governing body in the

amount of the estimated cost of the operation and maintenance of the

sewage-works project, less the estimated revenues which are received

from properties served, and to be utilized to defray such operation and

maintenance costs, as reported by the licensed professional engineer or

consulting engineering firm to the local governing body. The local

governing body may, and on petition of the corporation shall, at any

time review the adequacy of such bond or other security, to ascertain

whether it should be modified on the basis of fiscal performance or

other conditions.

3. (a) In addition to the guaranty, the stock of the corporation shall

be placed in escrow and title thereto shall pass to the local governing

body in the event of failure to complete the construction thereof, or in

the event of abandonment or discontinuance of the maintenance and

operation of the system by the corporation.

(b) In the county of Suffolk said stock placed in escrow may pass,

with the consent of the local governing body and the board of

supervisors to a county sewer agency in the event of failure to complete

the construction of said sewer system, or in the event of abandonment or

discontinuance of the maintenance and operation of said system by the

corporation.

4. In the event of such abandonment or discontinuance of the

maintenance and operation of the system, the local governing body shall

have the right to continue the maintenance and operation of the system

at the established rates, with the costs assessed against the users, and

it may levy taxes, or sewer rents for such purposes in the same manner

as if such facilities were owned by a city, town or village, as the case

may be. The local governing body shall have such powers until such time

as another corporation or agency may undertake to maintain and operate

the sewer system, or until such time as it becomes a part of a municipal

or sewer district system.

5. In Suffolk county in the event of an abandonment or discontinuance

of the maintenance and operation of the sewer system, the county agency

shall have the right to undertake to maintain and operate such sewer

system, and it shall do so at the established rates, or such other rates

as it may deem necessary, with the costs, including delinquent accounts,

assessed against all of the users until such time as the sewer system is

included in a sewer district which shall maintain and operate the sewer

system.

Option. (a) The local governing body may, at the time of

granting the consent to incorporation, require an option to purchase the

system from the corporation or at any time shall have the right to

purchase or acquire it by condemnation. The local governing body may

exercise this option by serving written notice on the corporation, not

less than ninety nor more than one hundred eighty days before the date

of the taking.

(b) In Suffolk county and Saratoga county, the county sewer agency

having the prior consent of the local governing body and the county

legislature or a county district shall have an option to purchase the

sewer system from the corporation by paying the cost thereof and for all

additions and improvements as certified by the engineer as of the date

of completion thereof pursuant to section one hundred eighteen, less

depreciation on a schedule initially agreed upon but not to exceed

thirty years, together with the cost of the land and other costs thereof

as of the date of completion. The said county agency or county district

may exercise its option by serving written notice on the corporation not

less than ninety nor more than one hundred eighty days before the date

of taking. The county agency or county district may, instead of making

any cash payment agreed or required to be made to the corporation as

compensation for such sewer system and land, elect to agree to pay the

principal of and interest on outstanding bonds and mortgages issued by

or on behalf of such corporation, having a principal amount not

exceeding the amount of such cash payment, as such principal and

interest shall become due and payable. In the event the county agency

does undertake to purchase, maintain and operate such sewer system, it

shall do so at the rates established from time to time and agreed to

between the county agency and the local governing body, with the costs,

including delinquent accounts, assessed against the users until such

time as the sewer system is included in a sewer district which shall

maintain and operate the sewer system. Notwithstanding the foregoing

provisions, in Suffolk county and Saratoga county a county district may

elect to acquire the sewer system, including any and all plant sites and

other real property pursuant to the provisions of the eminent domain

procedure law and in such event the provisions of such law shall apply.

Duty to supply sewage-works facilities. A sewage-works

corporation shall supply each city, town, village or other municipal

area or district wherein such corporation operates, and the inhabitants

therein, with facilities or make provision for the collection, treatment

and disposal of sewage at fair, reasonable and adequate rates agreed to

between the corporation and the local governing body or bodies, and, in

addition, in the county of Suffolk, the county sewer agency,

notwithstanding the provisions of any general, special or local law.

Rates shall be reviewable at intervals of not more than five years or at

any time by petition of the corporation or motion by the local governing

body on written notice after a period of ninety days. The petition of a

corporation shall be determined within ninety days of its filing, and in

the event a determination is not rendered within such period of time,

the petition shall be deemed approved. The local governing body of a

city or village, or of a county or town on behalf of a sewer district or

for a special sewer improvement shall have the power to contract with a

sewage-works corporation for collection, treatment or disposal of

sewage. No contract for such services shall be executed for a period

greater than ten years.

Powers. Every sewage-works corporation shall have the power:

1. To lay, maintain, repair and operate its pipes, conduits and sewers

in any street, highway or public place of any city, town, village or

other municipal area, in which it has obtained the consent required by

section one hundred sixteen for the disposal, treatment and removal of

sewage, and to operate and maintain and keep in repair its sewage

disposal plants, and prescribe the manner in which sewer connections

shall be made. No pipes, sewers or conduits shall be laid or repaired

under any highway, road, street or avenue by such corporation, without

the consent of the local governing body or its official in charge of

highways or streets or if such highway be a state highway, or a highway

constructed pursuant to section one hundred ninety-four or one hundred

ninety-five or article six of the highway law, the consent of the state

commissioner of transportation nor in any street, highway, road, avenue

or public place in Suffolk county without the prior written consent of

the county sewer agency or the county department of environmental

control.

2. To cause examinations and surveys to be made for the purpose of

determining the proper location of its disposal system, and, for such

purpose by its officers, agents or servants, to enter upon any lands or

waters, subject to liability for all damages done.

3. To enter into appropriate agreements with the secretary of

agriculture of the United States department of agriculture to operate

without profit for the term specified therein for the purpose of

qualifying to receive federal assistance pursuant to the consolidated

farmers home administration act of nineteen hundred sixty-one and any

federal laws amendatory and supplementary thereto. Any such agreement to

operate without profit shall be subject to the approval of a majority of

the stockholders entitled to vote thereat at any regular or special

stockholders' meeting. Any stockholder so entitled to vote who does not

vote for or consent in writing to the taking of this action, shall,

subject to and by complying with the provisions of section six hundred

twenty-three of the business corporation law, have the right to receive

payment of the fair value of his stock and the other rights and benefits

provided by such section.

Survey and map. Before taking or using any land, for its

corporate purposes such corporation shall cause a survey and map to be

made of the lands intended to be taken designating the land of the

several owners or occupants thereof, which map shall be signed by the

president and the secretary, and filed in the office of the clerk of the

county in which such lands are situated.

Condemnation of real property. Any such corporation shall have

the right to acquire real estate, or any interest therein, necessary for

the purposes of its incorporation, and the right to lay, repair and

maintain conduits and sewer pipes with connections and fixtures, and

other necessary portions of the system, in, through or over the lands of

others. If any such corporation, authorized by this article shall be

unable to agree upon the terms of purchase of any such property or

rights, it may acquire the same by condemnation. Notwithstanding the

foregoing, in Suffolk county such corporation shall not have the right

to condemn or use the land of others without first obtaining the prior

written consent of the county sewer agency and the department of

environmental control.