Section 1226-F. General powers of the water board  


Latest version.
  • 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.