Section 1230-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 issue bonds, borrow money
      or otherwise contract indebtedness.
        4. To enter into agreements with the authority, the  city,  any  other
      municipality,  the  state,  any state agency, or any person to provide a
      means whereby the authority or the water board 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  construction,  operation, maintenance, management and repair of any
      such project or the 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,  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
      city, any municipality, the state, state agency or any person, as  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  the  city, any municipality, the state, state agency or any person
      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 or to such municipality, the state, or such state  agency  from
      whom  the  water  board  acquired such property, with the consent of the
      city, or as may be provided otherwise in any  agreement  with  the  city
      and/or the authority, or the grantor of such property.
        6. To acquire from the city, the authority and any municipality, title
      to any water, wastewater, or storm water facility or project.
        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  and  enforcement  of  its  powers  and  the fulfillment of its
      purposes under this title, including, but not limited to,  the  sale  of
      water,  wastewater  and storm water services and the collection of fees,
      rates and charges therefor, and collection, transport and  treatment  of
      wastewater  and  storm water flows 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 city clerk.
    
        8.  To establish, fix, revise, charge, 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 system-related
      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, repair, replace
      or rehabilitate any and all system facilities.
        11. To operate and manage  and  to  contract  for  the  operation  and
      management of the facilities and properties of the water board.
        12.  To enter into contracts, and carry out the terms thereof, for the
      provision of water, wastewater and  storm  water  services  produced  or
      provided by or through supply, transmission, distribution, treatment and
      other   system-related  facilities  owned,  leased,  constructed  and/or
      operated by the water board; to collect  and  treat  wastewater  through
      system-related  facilities,  to  provide  for  storm  water drainage and
      treatment using  system-related  facilities,  and  to  provide  for  the
      disposal  of  residuals from any water, wastewater or storm water to, or
      from municipalities, private companies or to any person, as applicable.
        13. To apply to the appropriate agencies  and  officials  of  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, agents 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 contractual basis or  otherwise  for  rendering
      management, 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,  the  city,   any
      municipality,  any person or the authority in order to avoid duplication
      of effort.
        17. To enter upon such lands, waters, effluent source or  premises  as
      in the judgment of the water board shall be necessary for the purpose of
      making  surveys,  soundings,  borings,  inspections  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  city,
      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  any
      state  agency,  municipalities,  the  city,  utility  companies, private
    
      corporations, and persons or individual consumers within or without  the
      city and the service area.
        20.  To  produce,  develop, supply and sell wastewater and storm water
      collection, treatment and disposal services as well as services for  the
      treatment  and disposal of biosolids, sludge, grit and related materials
      for domestic, commercial and public purposes at wholesale or  retail  to
      any  state  agency, municipalities, the city, utility companies, private
      corporations, and persons or individual consumers within or without  the
      city and service area.
        21.  To  purchase  water in bulk from any person, private corporation,
      state agency, utility company, the city or municipality  when  necessary
      or  convenient  for  the  operation  of  any  water facility, wastewater
      facility or storm water facility.
        22. To enter into cooperative agreements with the authority, any state
      agency, other authorities,  any  municipality,  the  city,  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  any  system  facility  by  the  water  board  for   any
      municipality  or  person  having  power to construct and develop a water
      facility, wastewater facility or storm 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.
        23. To enter into agreements with the state,  any  state  agency,  any
      municipality,  the authority, the city, or any person, in furtherance of
      the purposes of this title as herein provided.
        24. To examine, repair or replace any water meter, and to  enter  upon
      any  property,  upon reasonable notice in advance of such entry, for the
      purpose of such meter  examination,  repair  or  replacement  as  deemed
      necessary  or  appropriate by the water board, and to accept an easement
      or license from the property owner therefor.
        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 state  or  the  United  States,  or
      obligations,  the  principal  of and interest on which are guaranteed by
      the state or the United States, of a market value equal at all times  to
      at least 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/or  any municipality in the service
      area.
        27. With the consent of the chief executive officer of the city  or  a
      municipality,  as  the case may be, to use officers and employees of the
      city or such municipality and to pay a proper portion of compensation or
      costs for the services of such officers or employees.
        28. To establish, adopt, amend or cancel and issue a code  of  ethics,
      and  such  rules, regulations, permits and orders as it deems necessary,
      desirable or convenient, for  the  jurisdiction,  control,  supervision,
      possession,  operation  and use of the system and its facilities and for
      the administration and enforcement of this title.
        29. To issue permits and orders for all users of  the  system  and  to
      enforce  the  rules,  regulations, orders and permits of the water board
      for all users and persons and, in the event of non-compliance therewith,
    
      to take any enforcement action, as  may  be  established  in  the  water
      board's rules and regulations or otherwise allowed by this title.
        30.  To  have jurisdiction, control, possession and supervision of the
      existing system and any project; to maintain, operate,  reconstruct  and
      improve  the  same  as  a  comprehensive  system  and to make additions,
      betterments  and  extensions  thereto,  and  to  have  all  the  rights,
      privileges  and jurisdiction necessary or proper for carrying such power
      into execution. No enumeration of powers in this or any  other  general,
      special  or  local  law  shall  operate  to restrict the meaning of this
      general grant of power or to exclude other  powers  comprehended  within
      this general grant, except as expressly limited in this title.
        31.  To engage in any activity otherwise permitted by law which in its
      judgment would be helpful or convenient for the public or users  of  the
      system facilities and in the service of the city or its service area.
        32.  To  do all things necessary, convenient or desirable to carry out
      its purposes and for the exercise of the powers granted in this title.