Section 1048-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 water system, 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-eight-j of this title;
        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  agreements  pursuant  to  sections  one  thousand
      forty-eight-h  and  one  thousand  forty-eight-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
      system,  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 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-eight-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 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 water system 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 common council 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.