N.Y. Public Authorities Law § 1226-f: General powers of the water board

§ 1226-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 with the authority, the board of water

supply and any municipality 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 any such

project, and to raise revenues from users through fees, rates or other

service charges necessary or appropriate to secure such financing and to

pay the cost of the operation, management and repair of any such

project.

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, constituting or for use in connection with a project

or otherwise, as the water board may deem necessary, convenient or

desirable to carry out the purposes of this title. In connection with

the acquisition of any property, the water board may assume and agree to

perform covenants and observe the restrictions contained in any

instrument to which any such property is subject; and furthermore the

owner of any properties, which the water board is authorized to acquire,

is hereby authorized to sell or otherwise transfer the same to the water

board, whereupon the water board shall become charged with the

performance of all public duties with respect to such properties with

which such owner was charged and such owner shall become discharged from

the performance thereof, and, subject to any limitations in any

agreement entered into pursuant to this title, to sell, lease as lessor,

transfer or otherwise dispose of any such property or interest therein;

provided, however, that any property determined by the water board to be

no longer necessary by the water board for use in fulfilling the

purposes of the water board pursuant to this title which was acquired by

the water board from either the city or the board of water supply,

except property identified at the time of transfer as being "southern

reservoir property", shall be conveyed, immediately after such property

has been so determined to be no longer necessary by the water board, at

no cost, to the city and, provided, further, that any property so

determined to be no longer necessary by the water board which was

identified as "southern reservoir property" shall be conveyed,

immediately after such property has been so determined to be no longer

necessary by the water board, at no cost, to the city and the town of

New Hartford whereupon such property shall vest jointly in the city and

the town of New Hartford.

6. To acquire from any municipality, and/or the board of water supply,

title to any water facility.

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

the regulation of its affairs and rules and regulations governing the

exercise of its powers and the fulfillment of its purposes under this

title including the sale of water and the collection of fees, rates and

charges therefor. 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 each municipality within

the service area.

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

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

services rendered by, or any commodities furnished by any water facility

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 facility or facilities shall be placed on a self-sustaining

basis in accordance with 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.

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

provision of water produced by supply, transmission and distribution

facilities constructed and/or operated by the water board, to

municipalities, private water companies or to any person and to carry

out the terms thereof.

13. 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.

14. 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 county, 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.

15. 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.

16. 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.

17. 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.

18. 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, from the state or

any agency or instrumentality thereof, from any municipality, the board

of water supply, the authority 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.

19. To produce, develop, distribute, supply and sell water for

domestic, commercial and public purposes at wholesale or retail to

public authorities, municipalities, the board of water supply, utility

companies, private corporations, and persons or individual consumers

within or without the service area.

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

public authority, utility company, the board of water supply or

municipality when necessary or convenient for the operation of any water

facility.

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

authorities, any municipality, the board of water supply, any utility

company, private corporation or person within or without the service

area for the interconnection of facilities, the exchange or interchange

of services and commodities or for the construction and operation and

maintenance of a water facility by the water board for any municipality

having power to construct and develop a water facility, 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.

22. To enter into agreements with the authority and any municipality

or the board of water supply, as herein provided.

23. To replace residential water service pipes containing lead and

running from the curb box at a homeowner's property to the water meter

in the residence and to accept an easement from the homeowner therefor.

24. 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 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 at least the amount of the deposit.

25. 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/or any municipality in the service

area.

26. With the consent of the chief executive officer of a municipality

within the service area, to use officers and employees of such

municipality and to pay a proper portion of compensation or costs for

the services of such officers or employees.

27. For the purposes of article fifteen-A of the executive law only,

the authority shall be deemed a state agency as that term is used in

such article, and its contracts for procurement, design, construction,

services and materials shall be deemed state contracts within the

meaning of that term as set forth in such article.

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

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