Water Supply Sources Outside the City of New York

NYC Admin. Code tit. 24, ch. 3, subch. 2

in effect

NYC Admin. Code § 24-347 Commissioner of environmental protection to submit forms of contracts and specifications for approval of corporation counsel.

§ 24-347 Commissioner of environmental protection to submit forms of contracts and specifications for approval of corporation counsel. Upon the filing of the oath of the commissioners of appraisal in the manner hereinbefore provided, the commissioner of environmental protection shall, from time to time, as the commissioner may determine, prepare and submit to the corporation counsel, forms of contracts and specifications for the doing of the work and the furnishing of the material required to be done and furnished by such approved plan, or for the doing of such parts of such work and the furnishing of such parts of the materials as the commissioner may from time to time determine. The forms of contracts, specifications and bonds for the faithful performance shall be subject to approval as to form by the corporation counsel, which approval shall be endorsed thereon or attached thereto. The commissioner is hereby given the exclusive authority to determine what provisions shall be embodied in such contracts.

NYC Admin. Code § 24-348 Advertisement for sealed bids or proposals for work or materials; publication.

§ 24-348 Advertisement for sealed bids or proposals for work or materials; publication. When the form of any contract with its specifications and the form of bond for the performance thereof shall have been approved as provided for in section 24-347, the commissioner shall advertise for sealed bids or for proposals for the doing of the work or the furnishing of the materials called for in such approved form of contract. Such advertisement shall be published in the City Record and in two daily newspapers published in the city, to be designated by the commissioner, for at least fifteen days consecutively before the time fixed for the closing of the bid box.

NYC Admin. Code § 24-349 Receipt of sealed bids; deposit required.

§ 24-349 Receipt of sealed bids; deposit required. All bids or proposals which may be sent in answer to the invitation of such advertisement shall be enclosed in a sealed envelope and delivered to the commissioner or to such person as may be designated by the commissioner to receive the same, who shall, upon receipt thereof, forthwith and in the presence of the person offering such bid, deposit it in a box provided for the receipt thereof. But no bid or proposal shall be so received or deposited unless at the time of such presentation there shall be deposited with the person as aforesaid designated a certified check upon a national or state bank, drawn to the order of the comptroller, to an amount not less than five percent of the amount of the bond or security required by such approved form for the faithful performance of the work or furnishing of the materials required to be done or furnished. Such amount need not, however, in any case, exceed one hundred thousand dollars.

NYC Admin. Code § 24-350 Public opening of bids, acceptance; rejection; readvertisement.

§ 24-350 Public opening of bids, acceptance; rejection; readvertisement. After the expiration of the time limited in the advertisement, such bids or proposals shall be publicly opened by the commissioner and he or she may select the bid or proposal, the acceptance of which will, in the commissioner's judgment, best secure the efficient performance of the work, or the commissioner may reject any or all of such bids. In case of the rejection of all bids, the commissioner shall readvertise such contract, and shall receive and dispose of the bids tendered under such advertisement in the manner hereinbefore provided. In case any work shall be abandoned by any contractor, or the contractor's contract terminated pursuant to the provisions thereof, it shall be readvertised and relet in the manner provided for in this subchapter for the original letting of such work, except that in such a case, the board of estimate by a two-thirds vote may order otherwise, and may authorize, upon the recommendation of the commissioner, the completion of the work in such manner and by such means as the commissioner deems appropriate.

NYC Admin. Code § 24-351 Return or forfeiture of deposits.

§ 24-351 Return or forfeiture of deposits. Within three days after the decision as to who shall receive the contract, the comptroller shall return all the deposits made to the persons making the same, except the deposit made by the bidder to whom the contract shall be awarded; and if the bidder to whom the contract is awarded shall refuse or neglect, within ten days after due notice that the contract has been awarded, to execute the same, and furnish the security required, the amount of deposit made by the bidder shall be forfeited to and be retained by the city as liquidated damages for such neglect or refusal and shall be paid into the general fund, but if such bidder shall execute the contract, and furnish the security within such time, the amount of the bidder's deposit shall be returned to the bidder.

NYC Admin. Code § 24-352 Execution and filing of contracts; supervision and inspection of work and materials; employer's bond.

§ 24-352 Execution and filing of contracts; supervision and inspection of work and materials; employer's bond. The contracts, when so awarded, shall be executed in triplicate by the contractor or contractors on the one part and the commissioner acting for the city, on the other part. One of such originals shall be delivered to the contractor, and the other two shall be filed, one in the finance department and the other with the commissioner. The work and materials called for by such contract shall be done and furnished under the direction and supervision, and subject to the inspection of the commissioner, the commissioner's engineers, supervisors and inspectors. No contract shall take effect until the commissioner shall certify thereon in writing that the commissioner's acceptance will, in the commissioner's judgment, best secure the public interest and the efficient performance of the work therein mentioned.

NYC Admin. Code § 24-353 Obligations for capital projects; proceeds for operating expenses.

§ 24-353 Obligations for capital projects; proceeds for operating expenses. Expenditures made or incurred by the commissioner of environmental protection shall not be considered operating expenses but shall be deemed to be part of the acquisition, construction or addition to a water supply or distribution system and may be financed in the same manner as the acquisition, construction or addition to a water supply or distribution system.

NYC Admin. Code § 24-354 Work and materials to be procured by contract; exceptions; certificate of public interest.

§ 24-354 Work and materials to be procured by contract; exceptions; certificate of public interest. a. All work hereby authorized to be done and all materials hereby authorized to be furnished involving an expenditure of over one thousand dollars, shall be procured by contract made in the manner required by and pursuant to the provisions of this subchapter. The commissioner of environmental protection, however, may without contract cause such surveys to be made and such maps, plans and estimates to be prepared, as shall, in his or her opinion, be necessary to carry out the provisions of this subchapter, and may appoint and fix the compensation of suitable engineers and other persons to supervise and inspect all work hereby authorized to be done. The commissioner of environmental protection may procure any work to be done without contract, not involving an expenditure of over five thousand dollars, if the commissioner certifies that in his or her opinion, it is for the public interest that such work be done; and in such certificate the commissioner shall state his or her reasons therefor. b. Notwithstanding any inconsistent provisions of this subchapter or of any general or special law, the commissioner of environmental protection, during the existence of a state of war between the United States of America and the governments of Germany, Japan and Italy, or any of them, and for six months immediately following the termination thereof, may procure or contract for, without public letting, any equipment or materials necessary for the completion of the Delaware aqueduct and appurtenant structures and for any work to be done in connection with the installation of such equipment or materials if the commissioner certifies that in his or her opinion, it is in the public interest that any such equipment or material be procured or contracted for or any such work be done, without public letting, and any such certificate of the commissioner shall state his or her reasons therefor. Any such certificate shall be filed in the office of the comptroller of the city of New York.

NYC Admin. Code § 24-355 Police protection to inhabitants of construction areas; appointment and dismissal of police; powers and duties.

§ 24-355 Police protection to inhabitants of construction areas; appointment and dismissal of police; powers and duties. a. It shall be the duty of the commissioner of environmental protection to provide proper police protection to the inhabitants of the localities in which any work may be constructed under the authority of this subchapter during the period of construction, against the acts or omissions of persons employed on such works or found in their neighborhood. To that end the commissioner is authorized and required to appoint a sufficient number of persons to adequately police such localities for such periods. The commissioner shall also have power to remove such persons and to fix or change their compensation in his or her discretion, which compensation shall be paid by the city upon a certificate of the commissioner, as part of the expense authorized to be incurred by this subchapter. b. The commissioner of environmental protection shall give to each person so appointed a certificate of appointment and certified copies thereof, one of which shall be filed in the office of the sheriff of each county in which any work shall be in process of construction under this subchapter and in which such person shall be authorized to perform that person's duties. Each person so appointed shall be and have all the powers of a peace officer in the county where any work is being constructed under the authority of this subchapter. Such person shall at all times when on duty wear upon his or her clothing or have in his or her possession a shield or other suitable badge of authority which such person shall at once exhibit to any person asking therefor. c. It shall be the special duty of the persons so appointed to prevent breaches of the peace and unlawful depredations and to arrest and bring before the proper magistrates persons employed on such works or found in the vicinity thereof, who are guilty of offenses against the law punishable by death, imprisonment or fines, or persons whom they may have reasonable cause to believe to be guilty of such offenses. d. The sheriff of a county wherein a certificate of appointment of any such person as a peace officer is filed may cancel such certificate for cause, and shall immediately give notice in writing of such cancellation to the commissioner of environmental protection, specifying the cause of such revocation. Such notice may be given by mail. On such cancellation the authority of such person as a peace officer shall immediately cease. e. Any expense necessarily incurred by a county, town or city in a criminal action or proceeding against any person employed on any works constructed or in process of construction under this subchapter, or in the suppression of riots among persons employed on such work, or in the prevention of the commission of crime by such person, after being duly audited, as required by law, shall constitute a claim in favor of such county, town or city against the city of New York and an action may be maintained on such audit as for money paid to the use of the city.

NYC Admin. Code § 24-356 Construction and repair of highways and bridges; rules and regulations to prevent improper use.

§ 24-356 Construction and repair of highways and bridges; rules and regulations to prevent improper use. a. The city is hereby required to build and construct such highways and bridges as may be made necessary by the construction of any reservoir under this subchapter, and to repair and forever maintain such additional highways and bridges and to remove the snow and to sand the highway surfaces whenever necessary, except such as shall be part of any state route; and in case any bridge or highway thus constructed shall cross any railroad, it shall do so above or below such railroad and not upon the same level. The plans and specifications for any highways required to be constructed under the provisions of this section shall be approved by the state department of transportation. b. The commissioner of environmental protection shall make such reasonable rules and regulations, not in conflict with the highway law, as may be necessary to prevent improper and destructive use of highways and bridges constructed under the provisions of the water supply laws of the city of New York. Provided, however, that the commissioner of environmental protection shall have no greater authority in respect thereto than is now, or may hereafter be, vested by the highway law of the state of New York in the town, county or state authorities in relation to the construction and regulation of town, county and state highways. Any individual or corporation failing to observe such rules and regulations shall be guilty of a misdemeanor and, in addition, shall be liable for actual damages to such highways and bridges, to be recovered by the city. c. The state commissioner of transportation, in his or her discretion, shall have the power to perform, at the request of the commissioner of environmental protection and at the expense of the city, any work of original construction of substituting routes required to be performed by the city pursuant to this section. Whenever the state commissioner of transportation shall grant such a request of the commissioner of environmental protection, he or she shall prepare and submit to such commissioner of environmental protection for his or her approval an estimate of the cost of performing such work. Such estimate of cost shall be an estimate of the cost of performing such work of construction pursuant to plans, designs and specifications prepared by the commissioner of environmental protection and approved by the state commissioner of transportation, and shall include all costs in connection with performing such work, including the costs of engineering, auditing and administration. Upon approval of such estimate by the commissioner of environmental protection, the city shall thereupon deposit with the state comptroller, who is authorized to receive and accept the same, for the purpose of this subdivision, a sum of money equal to such estimate, which shall be subject to the draft or requisition of the state commissioner of transportation and a copy of the resolution of such commissioner of environmental protection authorizing such deposit shall be filed with the state commissioner of transportation and with the state comptroller. If, at any time prior to the award of a contract for the performance of such work or prior to the state commissioner of transportation becoming obligated to award such a contract, it appears to such commissioner of environmental protection that the state commissioner of transportation, for any reason, will be unable to award a contract for the performance of such work or that it is undesirable that such a contract be awarded, any sum or sums so deposited by the city, less the amount of cost which the state commissioner of transportation has already incurred, if any, shall be refunded to the city by the state comptroller upon demand of such commissioner of environmental protection made to the state comptroller and to the state commissioner of transportation. The performance of any such work of construction shall be by contract, to be let, so far as practicable, in the manner provided by section thirty-eight of the highway law, which section shall, so far as practicable, apply to contracts hereunder and payments thereon. Such contract shall be subject to and in conformity with such plans, designs and specifications of the commissioner of environmental protection. No contract shall be executed for any such work until satisfactory proof has been furnished to the state commissioner of transportation that the city has made available any real property required and any easements deemed necessary. When work performed by the state commissioner of transportation hereunder has been completed and the cost thereof paid, the state commissioner of transportation shall render to the commissioner of environmental protection an itemized statement showing in full (a) the amount of money which has been deposited by the city with the state comptroller in connection with such work, and (b) all disbursements made by the state commissioner of transportation in connection with the performance of such work. Any surplus money shall be paid to the city upon the warrant of the state comptroller upon vouchers therefor approved by the state commissioner of transportation.

NYC Admin. Code § 24-357 Report to comptroller of expenses and liabilities.

§ 24-357 Report to comptroller of expenses and liabilities. The commissioner of environmental protection shall in every calendar month file in the office of the comptroller an account of any expenses made by the commissioner, or under the commissioner's authority, and of all liabilities incurred by the commissioner during the preceding month and an abstract of each such account shall be published in the City Record.

NYC Admin. Code § 24-358 Removal of buildings to prevent contamination of the water supply.

§ 24-358 Removal of buildings to prevent contamination of the water supply. The city or its representatives shall not enter upon any lands not taken in pursuance of subchapter three-A of chapter three of title five for the purpose of preserving streams or watercourses from pollution or contamination, or of moving or causing to be moved any buildings, improvements or edifices on the ground that the same may contaminate the water supply, without making a provision for just compensation to the owner of such buildings or improvements for the removal or destruction thereof.

NYC Admin. Code § 24-359 Rights of fishing and ice cutting in lakes and reservoirs preserved; regulation.

§ 24-359 Rights of fishing and ice cutting in lakes and reservoirs preserved; regulation. Nothing herein contained shall authorize or empower the city to prohibit the public from using such lakes or reservoirs that may be constructed under the provisions of this subchapter, for the purpose of ice-cutting or fishing; and the city, or its representatives, shall not hereafter prohibit the public from using such lakes or reservoirs which are now under the care or supervision of the city for the purposes of ice-cutting or fishing, subject, however, to reasonable rules and regulations, and subject however, to the right of the city to prohibit such use in the event of the declaration of an emergency as provided in section 24-326 of this code.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-207269Fetched: 10/24/2026