Section 1115-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 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.