New York Laws
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.