2023 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; and
27. To do all things necessary, convenient or desirable to  carry  out
  its purposes and for the exercise of the powers granted in this title.