§ 1045-G — General powers of the water board

New York § 1045-G

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 2-A: New York City Municipal Water Finance Authority
• Art. 5: Public Utility Authorities

Text

§ 1045-g. General powers of the water board. Except as otherwise\nlimited by this title, the water board shall have power:\n 1. To sue and be sued;\n 2. To have a seal and alter the same at pleasure;\n 3. To make and amend by-laws for its organization and internal\nmanagement, and rules and regulations governing the exercise of its\npowers and duties and the fulfillment of its purposes under this title;\n 4. To establish, fix, revise, charge and collect and enforce the\npayment of all fees, rates, rents and other service charges for the use\nof, or services furnished by the sewerage system, water system, or both,\nas the case may be, so as to receive revenues which, together with other\nrevenues available to the board, if any, shall be at least sufficient at\nall times so that such system or systems shall be placed on a\nself-sustaining basis in accordance with section one thousand\nforty-five-j of this title; provided, however that the water board shall\nnot establish a limit of less than four years commencing from the date\nof the bill for services to challenge any fee, rate, rent or other\nservice charges for the use of or services furnished by the water and/or\nsewerage systems; any such challenge shall specifically set forth the\nbasis for such claim;\n 5. To enter into contracts and to execute all instruments necessary or\nconvenient or desirable for the purposes of the water board to carry out\nany powers expressly given it in this title, provided nothing herein\ncontained shall authorize the water board to borrow money or otherwise\ncontract indebtedness;\n 6. To enter into an agreement pursuant to section one thousand\nforty-five-i of this title with the authority and the city to provide a\nmeans whereby the authority shall finance the cost of constructing water\nprojects, as described in the agreement, and the water board may agree\nto assume title to the water or sewerage system, or both, and to raise\nrevenues from users through fees, rates, rents or other service charges\nnecessary or appropriate to secure such financing and to pay the cost of\nthe operation, management and repair of such water or sewerage system;\n 7. To acquire, purchase, lease as lessee, hold and use any property,\nreal, personal or mixed, or any interest therein necessary or desirable\nto carry out the purposes of this title and, subject to any limitations\nin any agreement with the city entered into pursuant to section one\nthousand forty-five-h of this title, to sell, lease as lessor, transfer\nor otherwise dispose of any such property or interest therein;\n 8. To appoint such officers and employees as it may require for the\nperformance of its duties, and to fix and determine their\nqualifications, duties, and compensation, subject to the provisions of\nthe civil service law and the rules of the civil service commission of\nthe city, and to retain or employ counsel, auditors, engineers and\nprivate consultants on a contract basis or otherwise for rendering\nprofessional or technical services and advice;\n 9. To acquire from the city title to the sewerage system, water\nsystem, or both the sewerage and water systems, as the case may be, of\nsuch city;\n 10. To make plans, surveys and studies necessary, convenient or\ndesirable to the effectuation of the purposes and powers of the water\nboard and to prepare recommendations in regard thereto;\n 11. To make use of existing studies, surveys, plans, data and other\nmaterial in the possession of the city in order to avoid duplication of\neffort, and such city is hereby authorized to make the same available to\nthe water board and otherwise to assist it in the performance of its\nfunctions;\n 12. With the consent of the mayor of the city to use officers or\nemployees of the city and to pay a proper portion of the compensation or\ncosts for the services of such officers or employees;\n 13. To conduct investigations and hearings in the furtherance of its\ngeneral purposes, and in aid thereof to have access to any books,\nrecords or papers relevant thereto; and if any person whose testimony\nshall be required for the proper performance of the duties of the water\nboard shall fail or refuse to aid or assist the water board in the\nconduct of any investigation or hearing, or to produce any relevant\nbooks, records or other papers, the water board is authorized to apply\nfor process of subpoena, to issue out of any court of general original\njurisdiction whose process can reach such person, upon due cause shown;\n 14. To apply for and to accept any gifts or grants of funds or\nproperty or financial or other aid in any form from the federal\ngovernment or any agency or instrumentality thereof, or from the state\nor any state agency, the city or from any other sources, for any or all\nof the purposes specified in this title, and to comply, subject to the\nprovisions of this title, with the terms and conditions thereof;\n 15. To invest moneys not required for immediate use or disbursement,\nsubject to such restrictions as may be imposed by any agreement with the\nauthority, in such obligations or deposits with such banks or trust\ncompanies as it may determine and designate, provided that any such\ndeposit with a bank or trust company shall be continuously and fully\nsecured by direct obligations of the city, the state or the United\nStates of America, or obligations the principal of and interest on which\nare guaranteed by the state or the United States of America, of a market\nvalue equal at all times to the amount of the deposit;\n 16. To establish and maintain such reserves, special funds and\naccounts, to be held in trust or otherwise, as may be required by any\nagreement with the authority and the city; and\n 17. To do all things necessary, convenient or desirable to carry out\nits purposes and for the exercise of the powers granted in this title.\n