NY Pub Auth L § 1115-F (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 6 - Albany Municipal Water Finance Authority 1115-F - General Powers of the Water Board.

§  1115-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 pursuant  to  sections  one  thousand  one   hundred  fifteen-g  and one thousand one hundred fifteen-h of this title   with the authority and the city 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 the water or   sewerage system, or both, and to raise revenues from users through fees,   rates, rents or other service charges necessary or appropriate to secure   such  financing  and  to  pay  the cost of the operation, management and   repair of such water or sewerage 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,  as the water board may deem necessary, convenient or   desirable to carry out the purposes of this  title;  provided,  however,   that  the  water  board may not condemn real property of the city, or of   any municipal corporation or district corporation,  as  such  terms  are   defined  in  section  sixty-six of the general construction law, without   the consent of the city, or any such municipal corporation  or  district   corporation, as the case may be and, provided, further however, that the   water board may not exercise the power of eminent domain with respect to   real  property  outside  the  city  which  is  owned  by any individual,   partnership, corporation (other than a municipal corporation or district   corporation), association, trust, or legal entity  without  the  consent   of:  (a) the governing body of a city, other than the city of Albany, if   such real property is wholly located within such city, or (b)  the  town   board  if  such real property is wholly located within such town, or (c)   the governing body of a city, other than the city  of  Albany,  and  the   town  board if such real property is partly located within such city and   partly located within such town; and, subject to any limitations in  any   agreement  with  the  city entered into pursuant to section one thousand   one hundred fifteen-g or section one thousand one hundred  fifteen-h  of   this  title,  to sell, lease as lessor, transfer or otherwise dispose of   any such property or interest therein;6. To acquire from the  city  title  to  the  sewerage  system,  water   system,  or  both the sewerage and water systems, as the case may be, of   such city;7. To make  and  amend  by-laws  for  its  organization  and  internal   management,  and  rules  and  regulations  for  the  sale  of  water  or   collection of sewage and the collection of rents  and  charges  therefor   and  otherwise  governing  the exercise of its powers and duties and the   fulfillment of its purposes under this title.  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  the  city.  In  addition  to the civil penalties described in   section one thousand one hundred fifteen-g of  this  title,  the  common   council,  upon  the written request of the water board, shall have power   to prescribe that violation of specific by-laws, rules or regulations of   the water  board,  published  once  in  a  newspaper  having  a  general   circulation  in  the  city, shall be punishable by a fine, not exceeding    fifty dollars, or by imprisonment for not longer than  thirty  days,  or   both;8.  To  establish,  fix,  revise,  charge  and collect and enforce the   payment of all fees, rates, rents and other service charges for the  use   of,  or  services rendered by, or any commodities furnished by the water   system or the sewerage system, 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 system or systems shall be   placed on  a  self-sustaining  basis  in  accordance  with  section  one   thousand one hundred fifteen-i of 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 or sewerage 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   wholesale provision of water produced by supply  facilities  constructed   and  operated  by  the  water board, to municipalities and private water   companies and to carry out the terms thereof, for  the  transmission  of   water from new or existing supply facilities;13.  To  enter  into contracts with municipalities for the collection,   treatment and disposal of sewage;14. 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;15. 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 city, 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;16. 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;17. 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;18. 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;19.  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, or from the state   or any agency or instrumentality thereof 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;20.  To  supply  and  sell  water  for domestic, commercial and public   purposes at retail to  individual  consumers  within  the  city  and  to   collect,  treat  and discharge sewage produced for such purposes by such   generators; 21. To purchase water in bulk from any person, private corporation  or   municipality when necessary or convenient for the operation of the water   system;22.  To  produce,  develop,  distribute  and  sell  water  or sewerage   services within or without the territorial limits of the  city;  and  to   purchase  water  from  any  municipal  corporation, town water district,   person, association or corporation; provided, however,  that  water  and   sewerage  services  may  be  sold at retail to individual consumers only   within the city and further  provided  that  in  exercising  the  powers   granted  by this title, the water board shall not sell water or sewerage   services in any area which is served  by  a  water  system  or  sewerage   system  owned  or  operated  by  a  municipality  or special improvement   district unless the governing body  of  such  municipality  or  district   shall  adopt  a  resolution  requesting the water board to sell water or   sewerage services, as the case may be, in such served areas;23. To enter into cooperative agreements  with  the  authority,  other   authorities,  the city, other municipalities, counties, towns, villages,   water districts, utility companies, individuals, firms or  corporations,   within   or  without  the  territorial  limits  of  the  city,  for  the   interconnection of facilities, the exchange or interchange  of  services   and  commodities, and within the territorial limits of the city to enter   into a contract for the construction and operation and maintenance of  a   water  or sewerage system by the water board for any municipality having   power to construct and develop a water or  sewerage  system,  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;24. To enter into agreements with  the  authority  and  the  city,  as   herein provided;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  city, 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 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 the city; and27. To do all things necessary, convenient or desirable to  carry  out   its purposes and for the exercise of the powers granted in this title.