2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 10-B - Niagara Falls Public Water Authority › 1230-F - General Powers of the Water Board.

§  1230-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 issue bonds, borrow money
  or otherwise contract indebtedness.
4. To enter into agreements with the authority, the  city,  any  other
  municipality,  the  state,  any state agency, or any person to provide a
  means whereby the authority or the water board 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  construction,  operation, maintenance, management and repair of any
  such project or the 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,  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
  city, any municipality, the state, state agency or any person, as  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  the  city, any municipality, the state, state agency or any person
  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 or to such municipality, the state, or such state  agency  from
  whom  the  water  board  acquired such property, with the consent of the
  city, or as may be provided otherwise in any  agreement  with  the  city
  and/or the authority, or the grantor of such property.
6. To acquire from the city, the authority and any municipality, title
  to any water, wastewater, or storm water facility or project.
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  and  enforcement  of  its  powers  and  the fulfillment of its
  purposes under this title, including, but not limited to,  the  sale  of
  water,  wastewater  and storm water services and the collection of fees,
  rates and charges therefor, and collection, transport and  treatment  of
  wastewater  and  storm water flows 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 city clerk.
8.  To establish, fix, revise, charge, 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 system-related
  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, repair, replace
  or rehabilitate any and all system facilities.
11. To operate and manage  and  to  contract  for  the  operation  and
  management of the facilities and properties of the water board.
12.  To enter into contracts, and carry out the terms thereof, for the
  provision of water, wastewater and  storm  water  services  produced  or
  provided by or through supply, transmission, distribution, treatment and
  other   system-related  facilities  owned,  leased,  constructed  and/or
  operated by the water board; to collect  and  treat  wastewater  through
  system-related  facilities,  to  provide  for  storm  water drainage and
  treatment using  system-related  facilities,  and  to  provide  for  the
  disposal  of  residuals from any water, wastewater or storm water to, or
  from municipalities, private companies or to any person, as applicable.
13. To apply to the appropriate agencies  and  officials  of  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, agents 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 contractual basis or  otherwise  for  rendering
  management, 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,  the  city,   any
  municipality,  any person or the authority in order to avoid duplication
  of effort.
17. To enter upon such lands, waters, effluent source or  premises  as
  in the judgment of the water board shall be necessary for the purpose of
  making  surveys,  soundings,  borings,  inspections  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  city,
  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  any
  state  agency,  municipalities,  the  city,  utility  companies, private

  corporations, and persons or individual consumers within or without  the
  city and the service area.
20.  To  produce,  develop, supply and sell wastewater and storm water
  collection, treatment and disposal services as well as services for  the
  treatment  and disposal of biosolids, sludge, grit and related materials
  for domestic, commercial and public purposes at wholesale or  retail  to
  any  state  agency, municipalities, the city, utility companies, private
  corporations, and persons or individual consumers within or without  the
  city and service area.
21.  To  purchase  water in bulk from any person, private corporation,
  state agency, utility company, the city or municipality  when  necessary
  or  convenient  for  the  operation  of  any  water facility, wastewater
  facility or storm water facility.
22. To enter into cooperative agreements with the authority, any state
  agency, other authorities,  any  municipality,  the  city,  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  any  system  facility  by  the  water  board  for   any
  municipality  or  person  having  power to construct and develop a water
  facility, wastewater facility or storm 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.
23. To enter into agreements with the state,  any  state  agency,  any
  municipality,  the authority, the city, or any person, in furtherance of
  the purposes of this title as herein provided.
24. To examine, repair or replace any water meter, and to  enter  upon
  any  property,  upon reasonable notice in advance of such entry, for the
  purpose of such meter  examination,  repair  or  replacement  as  deemed
  necessary  or  appropriate by the water board, and to accept an easement
  or license from the property owner therefor.
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 state  or  the  United  States,  or
  obligations,  the  principal  of and interest on which are guaranteed by
  the state or the United States, of a market value equal at all times  to
  at least 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/or  any municipality in the service
  area.
27. With the consent of the chief executive officer of the city  or  a
  municipality,  as  the case may be, to use officers and employees of the
  city or such municipality and to pay a proper portion of compensation or
  costs for the services of such officers or employees.
28. To establish, adopt, amend or cancel and issue a code  of  ethics,
  and  such  rules, regulations, permits and orders as it deems necessary,
  desirable or convenient, for  the  jurisdiction,  control,  supervision,
  possession,  operation  and use of the system and its facilities and for
  the administration and enforcement of this title.
29. To issue permits and orders for all users of  the  system  and  to
  enforce  the  rules,  regulations, orders and permits of the water board
  for all users and persons and, in the event of non-compliance therewith,

  to take any enforcement action, as  may  be  established  in  the  water
  board's rules and regulations or otherwise allowed by this title.
30.  To  have jurisdiction, control, possession and supervision of the
  existing system and any project; to maintain, operate,  reconstruct  and
  improve  the  same  as  a  comprehensive  system  and to make additions,
  betterments  and  extensions  thereto,  and  to  have  all  the  rights,
  privileges  and jurisdiction necessary or proper for carrying such power
  into execution. No enumeration of powers in this or any  other  general,
  special  or  local  law  shall  operate  to restrict the meaning of this
  general grant of power or to exclude other  powers  comprehended  within
  this general grant, except as expressly limited in this title.
31.  To engage in any activity otherwise permitted by law which in its
  judgment would be helpful or convenient for the public or users  of  the
  system facilities and in the service of the city or its service area.
32.  To  do all things necessary, convenient or desirable to carry out
  its purposes and for the exercise of the powers granted in this title.