N.Y. Public Authorities Law § 1115-f: General powers of the water board

§ 1115-f. General powers of the water board. Except as otherwise

limited by this title, the water board shall have power:

1. To sue and be sued;

2. To have a seal and alter the same at pleasure;

3. To enter into contracts and to execute all instruments necessary or

convenient or desirable for the purposes of the water board to carry out

any powers expressly given it in this title, provided nothing herein

contained shall authorize the water board to borrow money or otherwise

contract indebtedness;

4. To enter into agreements pursuant to sections one thousand one

hundred fifteen-g and one thousand one hundred fifteen-h of this title

with the authority and the city to provide a means whereby the authority

shall finance the cost of constructing projects, as described in the

agreement, and the water board may agree to assume title to the water or

sewerage system, or both, and to raise revenues from users through fees,

rates, rents or other service charges necessary or appropriate to secure

such financing and to pay the cost of the operation, management and

repair of such water or sewerage system;

5. To acquire, by purchase, gift, grant, transfer, contract or lease

or by condemnation pursuant to the eminent domain procedure law, lease

as lessee, hold and use any property, real, personal or mixed or any

interest therein, as the water board may deem necessary, convenient or

desirable to carry out the purposes of this title; provided, however,

that the water board may not condemn real property of the city, or of

any municipal corporation or district corporation, as such terms are

defined in section sixty-six of the general construction law, without

the consent of the city, or any such municipal corporation or district

corporation, as the case may be and, provided, further however, that the

water board may not exercise the power of eminent domain with respect to

real property outside the city which is owned by any individual,

partnership, corporation (other than a municipal corporation or district

corporation), association, trust, or legal entity without the consent

of: (a) the governing body of a city, other than the city of Albany, if

such real property is wholly located within such city, or (b) the town

board if such real property is wholly located within such town, or (c)

the governing body of a city, other than the city of Albany, and the

town board if such real property is partly located within such city and

partly located within such town; and, subject to any limitations in any

agreement with the city entered into pursuant to section one thousand

one hundred fifteen-g or section one thousand one hundred fifteen-h of

this title, to sell, lease as lessor, transfer or otherwise dispose of

any such property or interest therein;

6. To acquire from the city title to the sewerage system, water

system, or both the sewerage and water systems, as the case may be, of

such city;

7. To make and amend by-laws for its organization and internal

management, and rules and regulations for the sale of water or

collection of sewage and the collection of rents and charges therefor

and otherwise governing the exercise of its powers and duties and the

fulfillment of its purposes under this title. A copy of such rules,

regulations and by-laws, and all amendments thereto, duly certified by

the secretary of the water board shall be filed in the office of the

clerk of the city. In addition to the civil penalties described in

section one thousand one hundred fifteen-g of this title, the common

council, upon the written request of the water board, shall have power

to prescribe that violation of specific by-laws, rules or regulations of

the water board, published once in a newspaper having a general

circulation in the city, shall be punishable by a fine, not exceeding

fifty dollars, or by imprisonment for not longer than thirty days, or

both;

8. To establish, fix, revise, charge and collect and enforce the

payment of all fees, rates, rents and other service charges for the use

of, or services rendered by, or any commodities furnished by the water

system or the sewerage system, so as to provide revenues which, together

with other revenues available to the water board, if any, shall be at

least sufficient at all times so that such system or systems shall be

placed on a self-sustaining basis in accordance with section one

thousand one hundred fifteen-i of this title;

9. To pledge its revenues and mortgage any or all of its properties to

secure the obligations of the authority;

10. To construct, improve, maintain, develop, expand or rehabilitate

water facilities or sewerage facilities;

11. To operate and manage and to contract for the operation and

management of properties of the water board;

12. To enter into contracts, and carry out the terms thereof, for the

wholesale provision of water produced by supply facilities constructed

and operated by the water board, to municipalities and private water

companies and to carry out the terms thereof, for the transmission of

water from new or existing supply facilities;

13. To enter into contracts with municipalities for the collection,

treatment and disposal of sewage;

14. To apply to the appropriate agencies and officials of the federal,

state and local governments for such licenses, permits or approvals of

its plans or projects as it may deem necessary or advisable, and upon

such terms and conditions as it may deem appropriate, and to accept, in

its discretion, such licenses, permits or approvals as may be tendered

to it by such agencies and officials;

15. To appoint such officers and employees as it may require for the

performance of its duties, and to fix and determine their

qualifications, duties, and compensation, subject to the provisions of

the civil service law and the rules of the civil service commission of

the city, and to retain or employ counsel, auditors, engineers and

private consultants on a contract basis or otherwise for rendering

professional or technical services and advice;

16. To make plans and studies necessary, convenient or desirable for

the effectuation of the purposes and powers of the water board and to

prepare recommendations in regard thereto;

17. To make use of existing studies, surveys, plans, data and other

material in the possession of any state agency, any municipality or the

authority in order to avoid duplication of effort;

18. To enter upon such lands, waters or premises as in the judgment of

the water board shall be necessary for the purpose of making surveys,

soundings, borings and examinations to accomplish any purpose authorized

by this title, the water board being liable only for actual damage done;

19. To apply for and to accept any gifts or grants or loans of funds

or property or financial or other aid in any form from the federal

government or any agency or instrumentality thereof, or from the state

or any agency or instrumentality thereof or from any other source, for

any or all of the purposes specified in this title, and to comply,

subject to the provisions of this title, with the terms and conditions

thereof;

20. To supply and sell water for domestic, commercial and public

purposes at retail to individual consumers within the city and to

collect, treat and discharge sewage produced for such purposes by such

generators;

21. To purchase water in bulk from any person, private corporation or

municipality when necessary or convenient for the operation of the water

system;

22. To produce, develop, distribute and sell water or sewerage

services within or without the territorial limits of the city; and to

purchase water from any municipal corporation, town water district,

person, association or corporation; provided, however, that water and

sewerage services may be sold at retail to individual consumers only

within the city and further provided that in exercising the powers

granted by this title, the water board shall not sell water or sewerage

services in any area which is served by a water system or sewerage

system owned or operated by a municipality or special improvement

district unless the governing body of such municipality or district

shall adopt a resolution requesting the water board to sell water or

sewerage services, as the case may be, in such served areas;

23. To enter into cooperative agreements with the authority, other

authorities, the city, other municipalities, counties, towns, villages,

water districts, utility companies, individuals, firms or corporations,

within or without the territorial limits of the city, for the

interconnection of facilities, the exchange or interchange of services

and commodities, and within the territorial limits of the city to enter

into a contract for the construction and operation and maintenance of a

water or sewerage system by the water board for any municipality having

power to construct and develop a water or sewerage 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;

24. To enter into agreements with the authority and the city, as

herein provided;

25. To invest moneys not required for immediate use or disbursement,

subject to such restrictions as may be imposed by any agreement with the

authority, in such obligations or deposits with such banks or trust

companies as it may determine and designate, provided that any such

deposit with a bank or trust company shall be continuously and fully

secured by direct obligations of the city, the state or the United

States of America, or obligations, the principal of and interest on

which are guaranteed by the state or the United States of America, of a

market value equal at all times to the amount of the deposit;

26. To establish and maintain such reserves, special funds and

accounts, to be held in trust or otherwise, as may be required by any

agreement with the authority and the city; and

27. To do all things necessary, convenient or desirable to carry out

its purposes and for the exercise of the powers granted in this title.