N.Y. Public Authorities Law § 1045-g: General powers of the water board

§ 1045-g. General powers of the water board. 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.