§ 1048-G — General powers of the water board

New York § 1048-G

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 2-B: Buffalo Municipal Water Finance Authority
• Art. 5: Public Utility Authorities

Text

§ 1048-g. General powers of the water board. Except as otherwise\nlimited by this title, the water board shall have power:\n 1. To sue and be sued;\n 2. To have a seal and alter the same at pleasure;\n 3. To make and amend by-laws for its organization and internal\nmanagement, and rules and regulations governing the exercise of its\npowers and duties and the fulfillment of its purposes under this title;\n 4. To establish, fix, revise, charge and collect and enforce the\npayment of all fees, rates, rents and other service charges for the use\nof, or services furnished by the water system, so as to receive revenues\nwhich, together with other revenues available to the board, if any,\nshall be at least sufficient at all times so that such system or systems\nshall be placed on a self-sustaining basis in accordance with section\none thousand forty-eight-j of this title;\n 5. To enter into contracts and to execute all instruments necessary or\nconvenient or desirable for the purposes of the water board to carry out\nany powers expressly given it in this title, provided nothing herein\ncontained shall authorize the water board to borrow money or otherwise\ncontract indebtedness;\n 6. To enter into agreements pursuant to sections one thousand\nforty-eight-h and one thousand forty-eight-i of this title with the\nauthority and the city to provide a means whereby the authority shall\nfinance the cost of constructing water projects, as described in the\nagreement, and the water board may agree to assume title to the water\nsystem, and to raise revenues from users through fees, rates, rents or\nother service charges necessary or appropriate to secure such financing\nand to pay the cost of the operation, management and repair of such\nwater system;\n 7. To acquire, purchase, lease as lessee, hold and use any property,\nreal, personal or mixed, or any interest therein necessary or desirable\nto carry out the purposes of this title and, subject to any limitations\nin any agreement with the city entered into pursuant to section one\nthousand forty-eight-h of this title, to sell, lease as lessor, transfer\nor otherwise dispose of any such property or interest therein;\n 8. To appoint such officers and employees as it may require for the\nperformance of its duties, and to fix and determine their\nqualifications, duties, and compensation, subject to the provisions of\nthe civil service law and rules of the civil service commission of the\ncity and to retain or employ counsel, auditors, engineers and private\nconsultants on a contract basis or otherwise for rendering professional\nor technical services and advice;\n 9. To acquire from the city title to the water system of such city;\n 10. To make plans, surveys and studies necessary, convenient or\ndesirable to the effectuation of the purposes and powers of the water\nboard and to prepare recommendations in regard thereto;\n 11. To make use of existing studies, surveys, plans, data and other\nmaterial in the possession of the city in order to avoid duplication of\neffort, and such city is hereby authorized to make the same available to\nthe water board and otherwise to assist it in the performance of its\nfunctions;\n 12. With the consent of the common council of the city to use officers\nor employees of the city and to pay a proper portion of the compensation\nor costs for the services of such officers or employees;\n 13. To conduct investigations and hearings in the furtherance of its\ngeneral purposes, and in aid thereof to have access to any books,\nrecords or papers relevant thereto; and if any person whose testimony\nshall be required for the proper performance of the duties of the water\nboard shall fail or refuse to aid or assist the water board in the\nconduct of any investigation or hearing, or to produce any relevant\nbooks, records or other papers, the water board is authorized to apply\nfor process of subpoena, to issue out of any court of general original\njurisdiction whose process can reach such person, upon due cause shown;\n 14. To apply for and to accept any gifts or grants of funds or\nproperty or financial or other aid in any form from the federal\ngovernment or any agency or instrumentality thereof, or from the state\nor any state agency, the city or from any other sources, for any or all\nof the purposes specified in this title, and to comply, subject to the\nprovisions of this title, with the terms and conditions thereof;\n 15. To invest moneys not required for immediate use or disbursement,\nsubject to such restrictions as may be imposed by any agreement with the\nauthority, in such obligations or deposits with such banks or trust\ncompanies as it may determine and designate, provided that any such\ndeposit with a bank or trust company shall be continuously and fully\nsecured by direct obligations of the city, the state or the United\nStates of America, or obligations the principal of and interest on which\nare guaranteed by the state or the United States of America, of a market\nvalue equal at all times to the amount of the deposit;\n 16. To establish and maintain such reserves, special funds and\naccounts, to be held in trust or otherwise, as may be required by any\nagreement with the authority and the city; and\n 17. To do all things necessary, convenient or desirable to carry out\nits purposes and for the exercise of the powers granted in this title.\n