Section 1045-G. 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 make  and  amend  by-laws  for  its  organization  and  internal
      management,  and  rules  and  regulations  governing the exercise of its
      powers and duties and the fulfillment of its purposes under this title;
        4. 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 furnished by the sewerage system, water system, or both,
      as the case may be, so as to receive revenues which, together with other
      revenues available to the 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
      forty-five-j of this title; provided, however that the water board shall
      not establish a limit of less than four years commencing from  the  date
      of  the  bill  for  services  to  challenge any fee, rate, rent or other
      service charges for the use of or services furnished by the water and/or
      sewerage systems; any such challenge shall specifically  set  forth  the
      basis for such claim;
        5. 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;
        6.  To  enter  into  an  agreement  pursuant  to  section one thousand
      forty-five-i of this title with the authority and the city to provide  a
      means whereby the authority shall finance the cost of constructing water
      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;
        7. To acquire, purchase, lease as lessee, hold and use  any  property,
      real,  personal or mixed, or any interest therein necessary or desirable
      to carry out the purposes of this title and, subject to any  limitations
      in  any  agreement  with  the  city entered into pursuant to section one
      thousand forty-five-h of this title, to sell, lease as lessor,  transfer
      or otherwise dispose of any such property or interest therein;
        8.  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;
        9.  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;
        10.  To  make  plans,  surveys  and  studies  necessary, convenient or
      desirable to the effectuation of the purposes and powers  of  the  water
      board and to prepare recommendations in regard thereto;
        11.  To  make  use of existing studies, surveys, plans, data and other
      material in the possession of the city in order to avoid duplication  of
      effort, and such city is hereby authorized to make the same available to
      the  water  board  and  otherwise to assist it in the performance of its
      functions;
    
        12. With the consent of the mayor of  the  city  to  use  officers  or
      employees of the city and to pay a proper portion of the compensation or
      costs for the services of such officers or employees;
        13.  To  conduct investigations and hearings in the furtherance of its
      general purposes, and in aid  thereof  to  have  access  to  any  books,
      records  or  papers  relevant thereto; and if any person whose testimony
      shall be required for the proper performance of the duties of the  water
      board  shall  fail  or  refuse  to  aid or assist the water board in the
      conduct of any investigation or hearing,  or  to  produce  any  relevant
      books,  records  or other papers, the water board is authorized to apply
      for process of subpoena, to issue out of any court of  general  original
      jurisdiction whose process can reach such person, upon due cause shown;
        14.  To  apply  for  and  to  accept  any  gifts or grants 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 state agency, the city or from any other sources, 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;
        15. 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;
        16.  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
        17.  To  do all things necessary, convenient or desirable to carry out
      its purposes and for the exercise of the powers granted in this title.