NY Pub Auth L § 1226-F (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 10 - Upper Mohawk Valley Regional Water Finance Authority 1226-F - General Powers of the Water Board.

§  1226-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 with the authority,  the  board  of  water   supply  and  any  municipality  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 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  operation,  management  and  repair of any such   project.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   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  either  the  city or the board of water supply,   except property identified at the time of transfer  as  being  "southern   reservoir  property", 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  and,  provided,  further, that any property so   determined to be no longer  necessary  by  the  water  board  which  was   identified   as   "southern   reservoir  property"  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 and the town of   New Hartford whereupon such property shall vest jointly in the city  and   the town of New Hartford.6. To acquire from any municipality, and/or the board of water supply,   title to any water facility.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  of  its  powers and the fulfillment of its purposes under this   title including the sale of water 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 clerk of  each  municipality  within   the service area. 8.  To  establish,  fix,  revise,  charge  and 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 water 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  or  rehabilitate   water 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   provision  of  water  produced  by supply, transmission and distribution   facilities  constructed  and/or  operated  by  the   water   board,   to   municipalities,  private  water  companies or to any person and to carry   out the terms thereof.13. 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.14. 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 county, 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.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, any municipality or the   authority in order to avoid duplication of effort.17. 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.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  board   of  water supply, 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   public  authorities,  municipalities, the board of water supply, utility   companies, private corporations, and  persons  or  individual  consumers   within or without the service area.20.  To  purchase  water in bulk from any person, private corporation,   public  authority,  utility  company,  the  board  of  water  supply  or   municipality when necessary or convenient for the operation of any water   facility. 21.  To  enter  into  cooperative agreements with the authority, other   authorities, any municipality, the board of water  supply,  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 a water facility by the water board for any  municipality   having  power to construct and develop a 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.22. To enter into agreements with the authority and  any  municipality   or the board of water supply, as herein provided.23.  To  replace  residential  water service pipes containing lead and   running from the curb box at a homeowner's property to the  water  meter   in the residence and to accept an easement from the homeowner therefor.24.  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 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 at least the amount of the deposit.25. 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.26.  With the consent of the chief executive officer of a municipality   within  the  service  area,  to  use  officers  and  employees  of  such   municipality  and  to  pay a proper portion of compensation or costs for   the services of such officers or employees.27. For the purposes of article fifteen-A of the executive  law  only,   the  authority  shall  be  deemed a state agency as that term is used in   such article, and its contracts for procurement,  design,  construction,   services  and  materials  shall  be  deemed  state  contracts within the   meaning of that term as set forth in such article.28. To do all things necessary, convenient or desirable to  carry  out   its purposes and for the exercise of the powers granted in this title.