§ 1115-f. 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 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 4. To enter into agreements pursuant to sections one thousand one\nhundred fifteen-g and one thousand one hundred fifteen-h of this title\nwith the authority and the city to provide a means whereby the authority\nshall finance the cost of constructing projects, as described in the\nagreement, and the water board may agree to assume title to the water or\nsewerage system, or both, and to raise revenues from users through fees,\nrates, rents or other service charges necessary or appropriate to secure\nsuch financing and to pay the cost of the operation, management and\nrepair of such water or sewerage system;\n 5. To acquire, by purchase, gift, grant, transfer, contract or lease\nor by condemnation pursuant to the eminent domain procedure law, lease\nas lessee, hold and use any property, real, personal or mixed or any\ninterest therein, as the water board may deem necessary, convenient or\ndesirable to carry out the purposes of this title; provided, however,\nthat the water board may not condemn real property of the city, or of\nany municipal corporation or district corporation, as such terms are\ndefined in section sixty-six of the general construction law, without\nthe consent of the city, or any such municipal corporation or district\ncorporation, as the case may be and, provided, further however, that the\nwater board may not exercise the power of eminent domain with respect to\nreal property outside the city which is owned by any individual,\npartnership, corporation (other than a municipal corporation or district\ncorporation), association, trust, or legal entity without the consent\nof: (a) the governing body of a city, other than the city of Albany, if\nsuch real property is wholly located within such city, or (b) the town\nboard if such real property is wholly located within such town, or (c)\nthe governing body of a city, other than the city of Albany, and the\ntown board if such real property is partly located within such city and\npartly located within such town; and, subject to any limitations in any\nagreement with the city entered into pursuant to section one thousand\none hundred fifteen-g or section one thousand one hundred fifteen-h of\nthis title, to sell, lease as lessor, transfer or otherwise dispose of\nany such property or interest therein;\n 6. To acquire from the city title to the sewerage system, water\nsystem, or both the sewerage and water systems, as the case may be, of\nsuch city;\n 7. To make and amend by-laws for its organization and internal\nmanagement, and rules and regulations for the sale of water or\ncollection of sewage and the collection of rents and charges therefor\nand otherwise governing the exercise of its powers and duties and the\nfulfillment of its purposes under this title. A copy of such rules,\nregulations and by-laws, and all amendments thereto, duly certified by\nthe secretary of the water board shall be filed in the office of the\nclerk of the city. In addition to the civil penalties described in\nsection one thousand one hundred fifteen-g of this title, the common\ncouncil, upon the written request of the water board, shall have power\nto prescribe that violation of specific by-laws, rules or regulations of\nthe water board, published once in a newspaper having a general\ncirculation in the city, shall be punishable by a fine, not exceeding\nfifty dollars, or by imprisonment for not longer than thirty days, or\nboth;\n 8. 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 rendered by, or any commodities furnished by the water\nsystem or the sewerage system, so as to provide revenues which, together\nwith other revenues available to the water board, if any, shall be at\nleast sufficient at all times so that such system or systems shall be\nplaced on a self-sustaining basis in accordance with section one\nthousand one hundred fifteen-i of this title;\n 9. To pledge its revenues and mortgage any or all of its properties to\nsecure the obligations of the authority;\n 10. To construct, improve, maintain, develop, expand or rehabilitate\nwater facilities or sewerage facilities;\n 11. To operate and manage and to contract for the operation and\nmanagement of properties of the water board;\n 12. To enter into contracts, and carry out the terms thereof, for the\nwholesale provision of water produced by supply facilities constructed\nand operated by the water board, to municipalities and private water\ncompanies and to carry out the terms thereof, for the transmission of\nwater from new or existing supply facilities;\n 13. To enter into contracts with municipalities for the collection,\ntreatment and disposal of sewage;\n 14. To apply to the appropriate agencies and officials of the federal,\nstate and local governments for such licenses, permits or approvals of\nits plans or projects as it may deem necessary or advisable, and upon\nsuch terms and conditions as it may deem appropriate, and to accept, in\nits discretion, such licenses, permits or approvals as may be tendered\nto it by such agencies and officials;\n 15. 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 the rules of the civil service commission of\nthe city, and to retain or employ counsel, auditors, engineers and\nprivate consultants on a contract basis or otherwise for rendering\nprofessional or technical services and advice;\n 16. To make plans and studies necessary, convenient or desirable for\nthe effectuation of the purposes and powers of the water board and to\nprepare recommendations in regard thereto;\n 17. To make use of existing studies, surveys, plans, data and other\nmaterial in the possession of any state agency, any municipality or the\nauthority in order to avoid duplication of effort;\n 18. To enter upon such lands, waters or premises as in the judgment of\nthe water board shall be necessary for the purpose of making surveys,\nsoundings, borings and examinations to accomplish any purpose authorized\nby this title, the water board being liable only for actual damage done;\n 19. To apply for and to accept any gifts or grants or loans of funds\nor property or financial or other aid in any form from the federal\ngovernment or any agency or instrumentality thereof, or from the state\nor any agency or instrumentality thereof or from any other source, for\nany or all of the purposes specified in this title, and to comply,\nsubject to the provisions of this title, with the terms and conditions\nthereof;\n 20. To supply and sell water for domestic, commercial and public\npurposes at retail to individual consumers within the city and to\ncollect, treat and discharge sewage produced for such purposes by such\ngenerators;\n 21. To purchase water in bulk from any person, private corporation or\nmunicipality when necessary or convenient for the operation of the water\nsystem;\n 22. To produce, develop, distribute and sell water or sewerage\nservices within or without the territorial limits of the city; and to\npurchase water from any municipal corporation, town water district,\nperson, association or corporation; provided, however, that water and\nsewerage services may be sold at retail to individual consumers only\nwithin the city and further provided that in exercising the powers\ngranted by this title, the water board shall not sell water or sewerage\nservices in any area which is served by a water system or sewerage\nsystem owned or operated by a municipality or special improvement\ndistrict unless the governing body of such municipality or district\nshall adopt a resolution requesting the water board to sell water or\nsewerage services, as the case may be, in such served areas;\n 23. To enter into cooperative agreements with the authority, other\nauthorities, the city, other municipalities, counties, towns, villages,\nwater districts, utility companies, individuals, firms or corporations,\nwithin or without the territorial limits of the city, for the\ninterconnection of facilities, the exchange or interchange of services\nand commodities, and within the territorial limits of the city to enter\ninto a contract for the construction and operation and maintenance of a\nwater or sewerage system by the water board for any municipality having\npower to construct and develop a water or sewerage system, upon such\nterms and conditions as shall be determined to be reasonable including\nbut not limited to the reimbursement of all costs of such construction,\nor for any other lawful purposes necessary or desirable to effect the\npurposes of this title;\n 24. To enter into agreements with the authority and the city, as\nherein provided;\n 25. 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\nwhich are guaranteed by the state or the United States of America, of a\nmarket value equal at all times to the amount of the deposit;\n 26. 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 27. 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