2023 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.