N.Y. Public Authorities Law § 1230-f: General powers of the water board

§ 1230-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 issue bonds, borrow money

or otherwise contract indebtedness.

4. To enter into agreements with the authority, the city, any other

municipality, the state, any state agency, or any person to provide a

means whereby the authority or the water board 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 construction, operation, maintenance, management and repair of any

such project or the 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, 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

city, any municipality, the state, state agency or any person, as 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 the city, any municipality, the state, state agency or any person

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 or to such municipality, the state, or such state agency from

whom the water board acquired such property, with the consent of the

city, or as may be provided otherwise in any agreement with the city

and/or the authority, or the grantor of such property.

6. To acquire from the city, the authority and any municipality, title

to any water, wastewater, or storm water facility or project.

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 and enforcement of its powers and the fulfillment of its

purposes under this title, including, but not limited to, the sale of

water, wastewater and storm water services and the collection of fees,

rates and charges therefor, and collection, transport and treatment of

wastewater and storm water flows 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 city clerk.

8. To establish, fix, revise, charge, 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 system-related

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, repair, replace

or rehabilitate any and all system facilities.

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

management of the facilities and properties of the water board.

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

provision of water, wastewater and storm water services produced or

provided by or through supply, transmission, distribution, treatment and

other system-related facilities owned, leased, constructed and/or

operated by the water board; to collect and treat wastewater through

system-related facilities, to provide for storm water drainage and

treatment using system-related facilities, and to provide for the

disposal of residuals from any water, wastewater or storm water to, or

from municipalities, private companies or to any person, as applicable.

13. To apply to the appropriate agencies and officials of 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, agents 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 contractual basis or otherwise for rendering

management, 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, the city, any

municipality, any person or the authority in order to avoid duplication

of effort.

17. To enter upon such lands, waters, effluent source or premises as

in the judgment of the water board shall be necessary for the purpose of

making surveys, soundings, borings, inspections 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 city,

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 any

state agency, municipalities, the city, utility companies, private

corporations, and persons or individual consumers within or without the

city and the service area.

20. To produce, develop, supply and sell wastewater and storm water

collection, treatment and disposal services as well as services for the

treatment and disposal of biosolids, sludge, grit and related materials

for domestic, commercial and public purposes at wholesale or retail to

any state agency, municipalities, the city, utility companies, private

corporations, and persons or individual consumers within or without the

city and service area.

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

state agency, utility company, the city or municipality when necessary

or convenient for the operation of any water facility, wastewater

facility or storm water facility.

22. To enter into cooperative agreements with the authority, any state

agency, other authorities, any municipality, the city, 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 any system facility by the water board for any

municipality or person having power to construct and develop a water

facility, wastewater facility or storm 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.

23. To enter into agreements with the state, any state agency, any

municipality, the authority, the city, or any person, in furtherance of

the purposes of this title as herein provided.

24. To examine, repair or replace any water meter, and to enter upon

any property, upon reasonable notice in advance of such entry, for the

purpose of such meter examination, repair or replacement as deemed

necessary or appropriate by the water board, and to accept an easement

or license from the property owner therefor.

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 state or the United States, or

obligations, the principal of and interest on which are guaranteed by

the state or the United States, of a market value equal at all times to

at least 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/or any municipality in the service

area.

27. With the consent of the chief executive officer of the city or a

municipality, as the case may be, to use officers and employees of the

city or such municipality and to pay a proper portion of compensation or

costs for the services of such officers or employees.

28. To establish, adopt, amend or cancel and issue a code of ethics,

and such rules, regulations, permits and orders as it deems necessary,

desirable or convenient, for the jurisdiction, control, supervision,

possession, operation and use of the system and its facilities and for

the administration and enforcement of this title.

29. To issue permits and orders for all users of the system and to

enforce the rules, regulations, orders and permits of the water board

for all users and persons and, in the event of non-compliance therewith,

to take any enforcement action, as may be established in the water

board's rules and regulations or otherwise allowed by this title.

30. To have jurisdiction, control, possession and supervision of the

existing system and any project; to maintain, operate, reconstruct and

improve the same as a comprehensive system and to make additions,

betterments and extensions thereto, and to have all the rights,

privileges and jurisdiction necessary or proper for carrying such power

into execution. No enumeration of powers in this or any other general,

special or local law shall operate to restrict the meaning of this

general grant of power or to exclude other powers comprehended within

this general grant, except as expressly limited in this title.

31. To engage in any activity otherwise permitted by law which in its

judgment would be helpful or convenient for the public or users of the

system facilities and in the service of the city or its service area.

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

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