§ 1230-F — General powers of the water board

§ 1230-f. 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 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 issue bonds, borrow money\nor otherwise contract indebtedness.\n 4. To enter into agreements with the authority, the city, any other\nmunicipality, the state, any state agency, or any person to provide a\nmeans whereby the authority or the water board shall finance the cost of\nconstructing projects, as described in the agreement, and the water\nboard may agree to assume title to any such project, and to raise\nrevenues from users through fees, rates or other service charges\nnecessary or appropriate to secure such financing and to pay the cost of\nthe construction, operation, maintenance, management and repair of any\nsuch project or the system.\n 5. To acquire, by purchase, gift, grant, transfer, contract or lease\nor by condemnation pursuant to the eminent domain procedure law, lease\nas lessee, hold and use any property, real, personal or mixed or any\ninterest therein, constituting or for use in connection with a project\nor otherwise, as the water board may deem necessary, convenient or\ndesirable to carry out the purposes of this title. In connection with\nthe acquisition of any property, the water board may assume and agree to\nperform covenants and observe the restrictions contained in any\ninstrument to which any such property is subject; and furthermore the\ncity, any municipality, the state, state agency or any person, as owner\nof any properties, which the water board is authorized to acquire, is\nhereby authorized to sell or otherwise transfer the same to the water\nboard, whereupon the water board shall become charged with the\nperformance of all public duties with respect to such properties with\nwhich such owner was charged and such owner shall become discharged from\nthe performance thereof and, subject to any limitations in any agreement\nentered into pursuant to this title, to sell, lease as lessor, transfer\nor otherwise dispose of any such property or interest therein; provided,\nhowever, that any property determined by the water board to be no longer\nnecessary by the water board for use in fulfilling the purposes of the\nwater board pursuant to this title which was acquired by the water board\nfrom the city, any municipality, the state, state agency or any person\nshall be conveyed, immediately after such property has been so\ndetermined to be no longer necessary by the water board, at no cost, to\nthe city or to such municipality, the state, or such state agency from\nwhom the water board acquired such property, with the consent of the\ncity, or as may be provided otherwise in any agreement with the city\nand/or the authority, or the grantor of such property.\n 6. To acquire from the city, the authority and any municipality, title\nto any water, wastewater, or storm water facility or project.\n 7. To make and amend by-laws for its organization and management and\nthe regulation of its affairs and rules and regulations governing the\nexercise and enforcement of its powers and the fulfillment of its\npurposes under this title, including, but not limited to, the sale of\nwater, wastewater and storm water services and the collection of fees,\nrates and charges therefor, and collection, transport and treatment of\nwastewater and storm water flows and the collection of fees, rates and\ncharges therefor. A copy of such rules, regulations and by-laws, and all\namendments thereto, duly certified by the secretary of the water board\nshall be filed in the office of the city clerk.\n 8. To establish, fix, revise, charge, collect and enforce the payment\nof all fees, rates, and other service charges for the use of, or\nservices rendered by, or any commodities furnished by any system-related\nfacility so as to provide revenues which, together with other revenues\navailable to the water board, if any, shall be at least sufficient at\nall times so that such facility or facilities shall be placed on a\nself-sustaining basis in accordance with this title.\n 9. To pledge its revenues and mortgage any or all of its properties to\nsecure the obligations of the authority.\n 10. To construct, improve, maintain, develop, expand, repair, replace\nor rehabilitate any and all system facilities.\n 11. To operate and manage and to contract for the operation and\nmanagement of the facilities and properties of the water board.\n 12. To enter into contracts, and carry out the terms thereof, for the\nprovision of water, wastewater and storm water services produced or\nprovided by or through supply, transmission, distribution, treatment and\nother system-related facilities owned, leased, constructed and/or\noperated by the water board; to collect and treat wastewater through\nsystem-related facilities, to provide for storm water drainage and\ntreatment using system-related facilities, and to provide for the\ndisposal of residuals from any water, wastewater or storm water to, or\nfrom municipalities, private companies or to any person, as applicable.\n 13. To apply to the appropriate agencies and officials of federal,\nstate, and local governments for such licenses, permits or approvals of\nits plans or projects as it may deem necessary or advisable, and upon\nsuch terms and conditions as it may deem appropriate, and to accept, in\nits discretion, such licenses, permits or approvals as may be tendered\nto it by such agencies and officials.\n 14. To appoint such officers, agents and employees as it may require\nfor the performance 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 contractual basis or otherwise for rendering\nmanagement, professional or technical services and advice.\n 15. To make plans and studies necessary, convenient or desirable for\nthe effectuation of the purposes and powers of the water board and to\nprepare recommendations in regard thereto.\n 16. To make use of existing studies, surveys, plans, data and other\nmaterial in the possession of any state agency, the city, any\nmunicipality, any person or the authority in order to avoid duplication\nof effort.\n 17. To enter upon such lands, waters, effluent source or premises as\nin the judgment of the water board shall be necessary for the purpose of\nmaking surveys, soundings, borings, inspections and examinations to\naccomplish any purpose authorized by this title, the water board being\nliable only for actual damage done.\n 18. To apply for and to accept any gifts or grants or loans of funds\nor property or financial or other aid in any form from the federal\ngovernment or any agency or instrumentality thereof, from the state or\nany agency or instrumentality thereof, from any municipality, the city,\nthe authority or from any other source, for any or all of the purposes\nspecified in this title, and to comply, subject to the provisions of\nthis title, with the terms and conditions thereof.\n 19. To produce, develop, distribute, supply and sell water for\ndomestic, commercial and public purposes at wholesale or retail to any\nstate agency, municipalities, the city, utility companies, private\ncorporations, and persons or individual consumers within or without the\ncity and the service area.\n 20. To produce, develop, supply and sell wastewater and storm water\ncollection, treatment and disposal services as well as services for the\ntreatment and disposal of biosolids, sludge, grit and related materials\nfor domestic, commercial and public purposes at wholesale or retail to\nany state agency, municipalities, the city, utility companies, private\ncorporations, and persons or individual consumers within or without the\ncity and service area.\n 21. To purchase water in bulk from any person, private corporation,\nstate agency, utility company, the city or municipality when necessary\nor convenient for the operation of any water facility, wastewater\nfacility or storm water facility.\n 22. To enter into cooperative agreements with the authority, any state\nagency, other authorities, any municipality, the city, any utility\ncompany, private corporation, or person within or without the service\narea for the interconnection of facilities, the exchange or interchange\nof services and commodities or for the construction and operation and\nmaintenance of any system facility by the water board for any\nmunicipality or person having power to construct and develop a water\nfacility, wastewater facility or storm water facility, upon such terms\nand conditions as shall be determined to be reasonable including, but\nnot limited to, the reimbursement of all costs of such construction, or\nfor any other lawful purposes necessary or desirable to effect the\npurposes of this title.\n 23. To enter into agreements with the state, any state agency, any\nmunicipality, the authority, the city, or any person, in furtherance of\nthe purposes of this title as herein provided.\n 24. To examine, repair or replace any water meter, and to enter upon\nany property, upon reasonable notice in advance of such entry, for the\npurpose of such meter examination, repair or replacement as deemed\nnecessary or appropriate by the water board, and to accept an easement\nor license from the property owner therefor.\n 25. 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 state or the United States, or\nobligations, the principal of and interest on which are guaranteed by\nthe state or the United States, of a market value equal at all times to\nat least the amount of the deposit.\n 26. 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/or any municipality in the service\narea.\n 27. With the consent of the chief executive officer of the city or a\nmunicipality, as the case may be, to use officers and employees of the\ncity or such municipality and to pay a proper portion of compensation or\ncosts for the services of such officers or employees.\n 28. To establish, adopt, amend or cancel and issue a code of ethics,\nand such rules, regulations, permits and orders as it deems necessary,\ndesirable or convenient, for the jurisdiction, control, supervision,\npossession, operation and use of the system and its facilities and for\nthe administration and enforcement of this title.\n 29. To issue permits and orders for all users of the system and to\nenforce the rules, regulations, orders and permits of the water board\nfor all users and persons and, in the event of non-compliance therewith,\nto take any enforcement action, as may be established in the water\nboard's rules and regulations or otherwise allowed by this title.\n 30. To have jurisdiction, control, possession and supervision of the\nexisting system and any project; to maintain, operate, reconstruct and\nimprove the same as a comprehensive system and to make additions,\nbetterments and extensions thereto, and to have all the rights,\nprivileges and jurisdiction necessary or proper for carrying such power\ninto execution. No enumeration of powers in this or any other general,\nspecial or local law shall operate to restrict the meaning of this\ngeneral grant of power or to exclude other powers comprehended within\nthis general grant, except as expressly limited in this title.\n 31. To engage in any activity otherwise permitted by law which in its\njudgment would be helpful or convenient for the public or users of the\nsystem facilities and in the service of the city or its service area.\n 32. 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