§ 1226-F — General powers of the water board

New York § 1226-F

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 10: Upper Mohawk Valley Regional Water Finance Authority
• Art. 5: Public Utility Authorities

Text

§ 1226-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 with the authority, the board of water\nsupply and any municipality 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 any such\nproject, and to raise revenues from users through fees, rates or other\nservice charges necessary or appropriate to secure such financing and to\npay the cost of the operation, management and repair of any such\nproject.\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, constituting or for use in connection with a project\nor otherwise, as the water board may deem necessary, convenient or\ndesirable to carry out the purposes of this title. In connection with\nthe acquisition of any property, the water board may assume and agree to\nperform covenants and observe the restrictions contained in any\ninstrument to which any such property is subject; and furthermore the\nowner of any properties, which the water board is authorized to acquire,\nis hereby authorized to sell or otherwise transfer the same to the water\nboard, whereupon the water board shall become charged with the\nperformance of all public duties with respect to such properties with\nwhich such owner was charged and such owner shall become discharged from\nthe performance thereof, and, subject to any limitations in any\nagreement entered into pursuant to this title, to sell, lease as lessor,\ntransfer or otherwise dispose of any such property or interest therein;\nprovided, however, that any property determined by the water board to be\nno longer necessary by the water board for use in fulfilling the\npurposes of the water board pursuant to this title which was acquired by\nthe water board from either the city or the board of water supply,\nexcept property identified at the time of transfer as being "southern\nreservoir property", shall be conveyed, immediately after such property\nhas been so determined to be no longer necessary by the water board, at\nno cost, to the city and, provided, further, that any property so\ndetermined to be no longer necessary by the water board which was\nidentified as "southern reservoir property" shall be conveyed,\nimmediately after such property has been so determined to be no longer\nnecessary by the water board, at no cost, to the city and the town of\nNew Hartford whereupon such property shall vest jointly in the city and\nthe town of New Hartford.\n 6. To acquire from any municipality, and/or the board of water supply,\ntitle to any water facility.\n 7. To make and amend by-laws for its organization and management and\nthe regulation of its affairs and rules and regulations governing the\nexercise of its powers and the fulfillment of its purposes under this\ntitle including the sale of water and the collection of fees, rates and\ncharges therefor. A copy of such rules, regulations and by-laws, and all\namendments thereto, duly certified by the secretary of the water board\nshall be filed in the office of the clerk of each municipality within\nthe service area.\n 8. To establish, fix, revise, charge and collect and enforce the\npayment of all fees, rates, and other service charges for the use of, or\nservices rendered by, or any commodities furnished by any water facility\nso as to provide revenues which, together with other revenues available\nto the water board, if any, shall be at least sufficient at all times so\nthat such facility or facilities shall be placed on a self-sustaining\nbasis in accordance with 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.\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\nprovision of water produced by supply, transmission and distribution\nfacilities constructed and/or operated by the water board, to\nmunicipalities, private water companies or to any person and to carry\nout the terms thereof.\n 13. 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 14. 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 county, 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 15. 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 16. 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 17. 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 18. 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, from the state or\nany agency or instrumentality thereof, from any municipality, the board\nof water supply, the authority or from any other source, 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 19. To produce, develop, distribute, supply and sell water for\ndomestic, commercial and public purposes at wholesale or retail to\npublic authorities, municipalities, the board of water supply, utility\ncompanies, private corporations, and persons or individual consumers\nwithin or without the service area.\n 20. To purchase water in bulk from any person, private corporation,\npublic authority, utility company, the board of water supply or\nmunicipality when necessary or convenient for the operation of any water\nfacility.\n 21. To enter into cooperative agreements with the authority, other\nauthorities, any municipality, the board of water supply, any utility\ncompany, private corporation or person within or without the service\narea for the interconnection of facilities, the exchange or interchange\nof services and commodities or for the construction and operation and\nmaintenance of a water facility by the water board for any municipality\nhaving power to construct and develop a water facility, upon such terms\nand conditions as shall be determined to be reasonable including but not\nlimited to the reimbursement of all costs of such construction, or for\nany other lawful purposes necessary or desirable to effect the purposes\nof this title.\n 22. To enter into agreements with the authority and any municipality\nor the board of water supply, as herein provided.\n 23. To replace residential water service pipes containing lead and\nrunning from the curb box at a homeowner's property to the water meter\nin the residence and to accept an easement from the homeowner therefor.\n 24. 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 state or the United States of\nAmerica, or obligations, the principal of and interest on which are\nguaranteed by the state or the United States of America, of a market\nvalue equal at all times to at least the amount of the deposit.\n 25. 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/or any municipality in the service\narea.\n 26. With the consent of the chief executive officer of a municipality\nwithin the service area, to use officers and employees of such\nmunicipality and to pay a proper portion of compensation or costs for\nthe services of such officers or employees.\n 27. For the purposes of article fifteen-A of the executive law only,\nthe authority shall be deemed a state agency as that term is used in\nsuch article, and its contracts for procurement, design, construction,\nservices and materials shall be deemed state contracts within the\nmeaning of that term as set forth in such article.\n 28. 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