In a nod to the Oceanographers and Marine Biologists who are working to maintain sustainable food resources in Our Oceans and in appreciation of the Great Work at Monterey Bay Aquarium on Sustainable Fisheries find a link on our NYC Blog for NYC Seafood Restauranters to connect with good options in support of the Oceans.
When it comes to the Environment Our Chosen Areas to help are on Agriculture and responsible Stewardship of the Ocean and Waterways for a better Future for the next generation and to help support in our way to help on the efforts to reclaim miles of Waterways that can be recaptured and managed for a greener New York City in the years ahead.
If your Non Profit works in NYS Agriculture, Biology or Science... reach out to us we can help on efficient services for Form 990 and more. If you are a Restauranter we are also here to assist on broad services. Learn more at www.dcarsoncpa.com . DCarsonCPA for Financial Decision Makers and the ways we can help on assisting improvements through knowledge and awareness.
Sunday, October 14, 2012
NYC Water Fees
NYC Charter on NYC Water Fees:
Where "Unfunded Federal and State Mandates" are pushing the costs up on NYC Residents as per the Financial Footnotes... see the rate Statute and an erpt from the Annual Report explaining the Hikes that are currently hiting NYC Business and Residential Financials through Water Bills
§ 1045-j. Imposition and disposition of sewer and water fees, rates,
rents or charges. 1. The water board shall establish, fix and revise,
from time to time, fees, rates, rents or other charges for the use of,
or services furnished, rendered or made available by, the sewerage
system or water system, or both, as the case may be, owned by the water
board pursuant to this title in such amount at least sufficient at all
times so as to provide funds in an amount sufficient together with other
revenues available to the board, if any, (i) to pay to the authority, in
accordance with any agreement with the authority, an amount sufficient
for the purpose of paying the principal of and the interest on the
outstanding notes or bonds of the authority as the same shall become due
and payable and maintaining or funding a capital or debt service reserve
fund therefor and, to the extent requested by the city in, or annually
pursuant to, the agreement to pay to the city, in accordance with the
agreement, an amount sufficient for the purpose of paying the principal
of and interest on general obligation bonds thereof issued for or
allocable to the water system or sewerage system or both, as the case
may be, as the same shall become due and payable, and to maintain or
fund reserves therefor, (ii) to pay to the city, in accordance with the
agreement, an amount sufficient for the purpose of paying the costs of
administering, maintaining, repairing and operating and the cost of
constructing capital improvements to the water system or sewerage system
or both, as the case may be, (iii) to pay to the city in accordance with
the agreement entered into pursuant to section one thousand forty-five-i
of this title an amount sufficient for the purpose of paying liabilities
issued for or allocable to the water system or sewerage system or both,
as the case may be, as the same shall become due and payable, (iv) to
meet any requirements of any agreement including requirements relating
to the establishment of reserves for renewal and replacement and for
uncollected charges and covenants respecting rates, (v) to pay all other
reasonable and necessary expenses of the authority and the water board
in relation thereto, and (vi) to the extent requested by the city in or
pursuant to the agreement, to pay or provide for such other purposes or
projects as such city considers appropriate and in the public interest.
Any surplus of funds remaining in the water board after such payments
have been made shall be returned to the city for deposit in the general
fund.
2. There is hereby established in the custody of the water board a
special fund to be known as the local water fund. Such fund shall
consist of the revenues derived from the fees, rates, rents and service
charges established, charged and collected pursuant to this title and
any other income earned or moneys received by the water board. Revenues
in the local water fund shall be kept separate and shall not be
commingled with any other moneys in the custody of the water board. All
moneys, properties and assets acquired by the water board, whether as
revenues or otherwise, shall be held by it in trust for the purposes of
carrying out its powers and duties, and shall be used and reused in
accordance with the purposes and provisions of this article.
The water board shall deposit promptly, to the credit of the local
water fund, revenues collected under this article in a bank, banking
house or trust company as may be designated in or pursuant to the
agreement.
3. No such fee, rate, rent or other charge shall be established, fixed
or revised unless and until the water board has held a public hearing at
which the users of the water system or sewerage system, or both, as the
case may be, the owners of property served or to be served and others
interested, have had an opportunity to be heard concerning the same.
Notice of such public hearing shall be published by the water board at
Where "Unfunded Federal and State Mandates" are pushing the costs up on NYC Residents as per the Financial Footnotes... see the rate Statute and an erpt from the Annual Report explaining the Hikes that are currently hiting NYC Business and Residential Financials through Water Bills
§ 1045-j. Imposition and disposition of sewer and water fees, rates,
rents or charges. 1. The water board shall establish, fix and revise,
from time to time, fees, rates, rents or other charges for the use of,
or services furnished, rendered or made available by, the sewerage
system or water system, or both, as the case may be, owned by the water
board pursuant to this title in such amount at least sufficient at all
times so as to provide funds in an amount sufficient together with other
revenues available to the board, if any, (i) to pay to the authority, in
accordance with any agreement with the authority, an amount sufficient
for the purpose of paying the principal of and the interest on the
outstanding notes or bonds of the authority as the same shall become due
and payable and maintaining or funding a capital or debt service reserve
fund therefor and, to the extent requested by the city in, or annually
pursuant to, the agreement to pay to the city, in accordance with the
agreement, an amount sufficient for the purpose of paying the principal
of and interest on general obligation bonds thereof issued for or
allocable to the water system or sewerage system or both, as the case
may be, as the same shall become due and payable, and to maintain or
fund reserves therefor, (ii) to pay to the city, in accordance with the
agreement, an amount sufficient for the purpose of paying the costs of
administering, maintaining, repairing and operating and the cost of
constructing capital improvements to the water system or sewerage system
or both, as the case may be, (iii) to pay to the city in accordance with
the agreement entered into pursuant to section one thousand forty-five-i
of this title an amount sufficient for the purpose of paying liabilities
issued for or allocable to the water system or sewerage system or both,
as the case may be, as the same shall become due and payable, (iv) to
meet any requirements of any agreement including requirements relating
to the establishment of reserves for renewal and replacement and for
uncollected charges and covenants respecting rates, (v) to pay all other
reasonable and necessary expenses of the authority and the water board
in relation thereto, and (vi) to the extent requested by the city in or
pursuant to the agreement, to pay or provide for such other purposes or
projects as such city considers appropriate and in the public interest.
Any surplus of funds remaining in the water board after such payments
have been made shall be returned to the city for deposit in the general
fund.
2. There is hereby established in the custody of the water board a
special fund to be known as the local water fund. Such fund shall
consist of the revenues derived from the fees, rates, rents and service
charges established, charged and collected pursuant to this title and
any other income earned or moneys received by the water board. Revenues
in the local water fund shall be kept separate and shall not be
commingled with any other moneys in the custody of the water board. All
moneys, properties and assets acquired by the water board, whether as
revenues or otherwise, shall be held by it in trust for the purposes of
carrying out its powers and duties, and shall be used and reused in
accordance with the purposes and provisions of this article.
The water board shall deposit promptly, to the credit of the local
water fund, revenues collected under this article in a bank, banking
house or trust company as may be designated in or pursuant to the
agreement.
3. No such fee, rate, rent or other charge shall be established, fixed
or revised unless and until the water board has held a public hearing at
which the users of the water system or sewerage system, or both, as the
case may be, the owners of property served or to be served and others
interested, have had an opportunity to be heard concerning the same.
Notice of such public hearing shall be published by the water board at
least twenty days before the date set therefor, in at least one newspaper of general circulation in each of the areas served by the water system or sewerage system, as the case may be. Such notice shall set forth the date, time and place of such hearing and shall include a brief description of the matters to be considered at such hearing. A copy of the notice shall be filed in the office of the clerk of the city and shall be available for inspection by the public. At all such hearings, any users of the water system, sewerage system, or both, as the case may be, owners of property served or to be served and any other interested persons shall have an opportunity to be heard concerning the matters under consideration. Any decision of the water board on matters considered at such public hearing shall be in writing and be made available in the office of the water board for public inspection during regular office hours. Such decision shall be published in at least one newspaper of general circulation in each of the areas served by the water system or sewerage system, as the case may be within thirty days after such decision is made. The fees, rates, rents or other charges so established for any class of users of property served shall be extended to cover any additional premises thereafter served which are within the same class, without the necessity of a hearing thereon. 4. The fees, rates, rents or other charges established, fixed and revised from time to time by the water board shall be collected by the water board at such times and in such manner as may be determined by the rules and regulations adopted by the water board consistent with the provisions of this title. 4-a. (a) The water board may enter into agreements with one or more financing agencies or card issuers to provide for the acceptance by the water board of credit cards as a means of payment of fees, rates, rent or other charges owed by a person to the water board. Any such agreement shall govern the terms and conditions upon which a credit card proffered as a means of payment of a fee, rate, rent or other charge shall be accepted or declined and the manner in and conditions upon which the financing agency or card issuer shall pay to the water board the amount of fees, rates, rent or other charges paid by means of a credit card pursuant to such agreement. Any such agreement may provide for the payment by the water board to such financing agency or card issuer of fees for the services provided by such financing agency or card issuer pursuant to such agreement, which fees may consist of a discount deducted from or payable in respect to the amount of each such fee, rate, rent or other charge or otherwise as the agreement may provide. (b) If the water board has entered into an agreement pursuant to paragraph (a) of this subdivision, it may accept credit cards as a means of payment of fees, rates, rent or other charges, as provided in any agreement entered into pursuant to paragraph (a) of this subdivision and may pay such fees as are specified in such agreement to such financing agency or card issuer in consideration of the services rendered by such financing agency or card issuer thereunder; provided, however, that the water board may require any person offering a credit card as a means of payment of such fee, rate, rent or other charge to pay to the water board a reasonable administrative service fee not to exceed the costs incurred by the water board in connection with such credit card transaction, which costs shall include any fee payable by the water board to such financing agency or card issuer. (c) The water board may promulgate any rules or regulations necessary to carry out the provisions of this subdivision. (d) For purposes of this subdivision, the terms "card issuer", "credit card", "financing agency" and "person" shall have the same meaning as
provided in subdivision (a) of section five of the general municipal law. 5. Such fees, rates, rents or other charges, if not paid when due, shall constitute a lien upon the premises served and a charge against the owners thereof, which lien and charge shall bear interest at the same rate as would unpaid taxes of the city. Such lien shall take precedence over all other liens or encumbrances, except taxes, and may be foreclosed against the lot or building served in the same manner as a lien for such taxes. The amount which remains due and unpaid for sixty days may, with interest thereon at the same rate as unpaid city taxes and with reasonable attorneys' fees, be recovered by the water board in a civil action in the name of the water board against such owners. The city, and any state agency shall be subject to the same fees, rates, rents or other charges under the same conditions as other users of such water system or sewerage system, or both, as the case may be. Tax exempt organizations shall be charged according to the provisions of chapter six hundred ninety-six of the laws of eighteen hundred eighty-seven, as amended by chapters eight hundred ninety-three and eight hundred ninety-four of the laws of nineteen hundred eighty and by provisions which may by law extend the provisions of such chapters from time to time. Any agreement for the supply of water or sewerage services between the city or an agency thereof and any other municipality or water supply system, or any administrative determination by a state agency, or any other arrangement in this regard, in effect at the time the water board shall be established, shall remain in full force and effect and be binding upon the water board as if it were a party to such agreement, determination or other arrangement. All rights, powers, duties, obligations and functions provided by law with respect to the fixing of charges or rates for the supply of water or sewerage services to users outside the city, including but not limited to those set forth in article one of title K of chapter fifty-one of the administrative code of the city of New York and article eight of the environmental conservation law, shall be deemed to apply, as appropriate, to the water board established pursuant to this title. In addition to any other lawful enforcement methods and pursuant to rules and regulations of the water board promulgated pursuant to this title, the payment of fees, rates, rents or other charges for water service or sewerage service to any premises may be enforced by discontinuing the water service or sewerage service to such premises provided that such discontinuance or disconnection of any supply of water or the provision of sewerage service, or both, as the case may be, shall not be carried out except in the manner and upon the notice as is required of a water-works corporation pursuant to subdivisions three-a, three-b and three-c of section eighty-nine-b and section one hundred sixteen of the public service law. 6. The water board shall pay to the authority such amounts at such times and in such manner as may be provided in the agreement by and among the authority, the water board and the city consistent with the priorities set forth in such agreement. There is hereby created a lien, by this title made a statutory lien within the meaning of the uniform commercial code and any other state or federal law, upon the gross revenues of the water board, in favor of the payment of all amounts due pursuant to such agreement and in the order and priority set forth therein and which lien shall be a first lien upon such gross revenues. The gross revenues so subject to such statutory lien shall be and remain subject to such statutory lien until the payment in full of each such item in accordance with such priority. Said statutory lien shall not be construed to give any holder or owner of any bond of the authority power
FY 2013 Expenditures:
This Extration from the report to keep you better informed on Cost Drivers influencing NYC Financials through increased Water Fees in this case.
to compel the sale of any water system or sewerage system, as the case may be. 7. If there be any default by the water board in the making of the payments to the authority required under this section, as a result of the failure by the water board to impose sufficient fees, rates, rents or other charges, the authority may petition for the appointment by any court having jurisdiction in any proper action of a receiver to administer on behalf of the water board, under the direction of said court, the affairs of the water board in order to achieve system revenues at least sufficient to make such payments; and by and with the approval of said court, to establish, fix and revise, from time to time, fees, rates, rents or other charges at least sufficient therefor in conformity with this title, and the resolution or trust indenture of the authority providing for the issuance of its bonds and in accordance with such orders as the court shall make. 8. The water board shall prepare and transmit to the city on or before the first day of December in each year a list of those persons or property owners within such city who are in arrears in the payment of fees, rates, rents or other charges for a period of sixty days or more after the last day fixed for payment thereof without penalty. The list shall contain a brief description of the properties for which the services were provided, the names of the persons liable to pay for the same and the amounts chargeable to each, including penalties and interest computed to the next succeeding December thirty-first. The city shall levy such sums against the properties liable and shall state the amount thereof in a separate column in the annual tax rolls of such city under the name of "delinquent water charges" or "delinquent sewerage charges" or "delinquent water and sewerage charges" as may be appropriate and as may be directed by the water board. Such amounts, as and when collected by the commissioner of finance of the city, shall be paid over to the water board. All of the provisions of the tax laws of the state covering the enforcement and collection of unpaid taxes of the city shall apply to the collection of such unpaid fees, rates, rents or other charges. 9. Neither the public service commission, nor any city or state agency, shall have any jurisdiction over the water board or authority or any power over the regulation of the fees, rates, rents or other charges established, fixed or revised by the water board except with respect to the supply of water or sewerage services to users outside the city as provided in article one of title K of chapter fifty-one of the administrative code of the city of New York. 9-a. The water board shall hold public hearings, in each borough of the city of New York, prior to promulgating or fixing annual water and sewer rates for such city. Notice of such public hearing shall be conspicuously published in a newspaper of general circulation, within each borough, at least one week prior to the hearing.
Note: As of Read Date 10/14/2012 ALL NYC Charter Laws and Rules subject to change and update and you must confirm as filing or relying.
Note: As of Read Date 10/14/2012 ALL NYC Charter Laws and Rules subject to change and update and you must confirm as filing or relying.
The Rates have gone up on Water as NYC Residents know, the Reason why from the Financials:
FY 2013 Expenditures:
In the coming fiscal year, operations and maintenance
expenses for this vast system will be 34% of the system’s budget. The largest driver of the system’s annual budget will be its debt service, accounting for 42% of the total revenue needed in FY2013. This debt service is a direct result of DEP’s massive capital construction projects, which have been largely driven by
unfunded mandates required by state and federal regulators.
These mandated capital construction projects — such as Croton Water Filtration Plant, Catskill and Delaware Ultraviolet (UV) Disinfection Facility, and Newtown Creek
These mandated capital construction projects — such as Croton Water Filtration Plant, Catskill and Delaware Ultraviolet (UV) Disinfection Facility, and Newtown Creek
Wastewater Treatment Plant — have been financed by debt that will be repaid over the next thirty years. While they will all have significant benefits for the City’s water and wastewater system, constructing them simultaneously has been costly.
For fiscal years 2002 through 2011, 69% of DEP’s capital commitments were directed for mandated projects, and from July 2002 through June 2012, net debt issuance by the New York City Municipal Water Finance Authority is expected to total $19.2 billion, for total outstanding debt of $27.4 billion. The resulting debt service has become the single largest driver of water and wastewater rate increases. While the ratio of mandated to non-mandated capital projects is falling, there are many capital
projects planned and underway to maintain the system, and DEP’s current capital expenditure rate is nearly $9 million per day on construction, design and construction management.
FY 2013 Expense Layouts:
This Extration from the report to keep you better informed on Cost Drivers influencing NYC Financials through increased Water Fees in this case.
Service
DCarsonCPA.com your link to services for Financial Decision Makers connecting a line on Government, Industry, Non Profit and Individual needs through Financials. Learn more at www.dcarsoncpa.com .
Opportunities for Business (where you least expect them)
There have been a couple of missed blog opportunities to share with you the adventures of an Entrepreneurial walk in the realm of CPA Services and Advisory connecting on the walk of building out this practice. We have made some strong connections, found some new good friends and are lean and efficient in the many ways to finding new Business Opportunities in NYC.
As a brief list of things to come:
1. Improving the utilization of NYC Resident CPA talent at the NYC Comptroller's Office through localized service prioritization aka it makes Business sense in civic governance to create first round opportunities for NYC Domiciled CPAs. Remembering that NYC CPAs also pay City Taxes which help on the NYC Debt and boost the localized Economy.
Potential Footnote to the NYC Comptrollers Report for FY XX:
Additionally we were able to decrease the costs of NYC External Audits and boost the local economy through facilitating a special teamworking program in support of NYC CPAs
(we note: It sounds like a win for NYC)
2. The gate keeper is Increasing your Business Costs through not knowing who to pass through and who to keep out. We can help to better train them on the gate watch through connecting their role to Business Economics and Efficiency.
3. The Dewey Bankruptcy proceding found the missing Assets - but why are yours still Off Balance Sheet aka don't worry we can help. Find that P&L entry that can be reclassed with a little homework:
Journal Entry:
Dr. Cash xxx
Cr. Retained Earnings xxx
(to Record the Liquid Assets we just found in your Business Model)
4. If your (Nameless Legendary) Entertainment Accounting rep / practice misssed your Assets we found them in the Public Record, We can help you make sure your Global Portfolio Wealth is on the Balance Sheet, correctly classified, Tracked and Accounted for.
Journal Entry:
Dr. Your Portfolio Assets (via Cash) XXX
Cr. Net Worth XXX
(to recapture Assets in your Global Porfolio Wealth )
5. If you are not measuring your business processes and dashboarding, you are losing real financial opportunities. Use the tools of Accounting, Finance and Compliance to maximize the Financial Opportunities you meet in your business.
6.Modesty will get you "know" where - for the most part we run an even keel considering the amount of hands on experience we bring . We know how to solve problems from hands on experience bottom up and top down on financials, it makes for a comprehensive cross sectional value proposition on Strategic and Operational skills but we are light on touting it - I am going to rethink that one. Because what we know while delivered with Modesty is a Real Financial Value package to help you in Strength on Strategy and Operations.
7. I found a great process map on Engagement from an English Firm yesterday.... I'll work that in to a future post.
8. We finally connected on a lead to build out the Agriculture Lines.... we are on on the commitment to build with knowledge that can help in support of US Agriculture right here from NYC..... in support of NY and US Family Farmers. I am so glad that we can do this...
9. When IP (Intellectual Property) leads you to the Photographer from Melody Maker... and he hands you a picture he took of James Marshall H (talk about IP!) in the Heyday of Soho (no not NY Soho, London Soho....) Chance encounters in NYC are some of the best Encounters at the cross roads of the World...aka This is why I love New York and you should too!!! .... but always remember we like your State, City and town too it's not Mutually exclusive and there are many great locations across this fine Nation of Ours.
If there was a hint of the cavalier here....no intention to upset anyone... we are just proud of the knowledge that's been built in support of Financial Decision Makers in Government, Industry, Non Profit and Individual roles on Financials. This line is Focused on NYC, but we are the line that connects on Local, State and National needs on Financials so learn more at:
DCarsonCPA.com your weblink to Our Practice, Our Practice is here with knowledge, experience, teamwork and research that can help to lead on Financial Decision Making - drop by www.dcarsoncpa.com to learn more.
As a brief list of things to come:
1. Improving the utilization of NYC Resident CPA talent at the NYC Comptroller's Office through localized service prioritization aka it makes Business sense in civic governance to create first round opportunities for NYC Domiciled CPAs. Remembering that NYC CPAs also pay City Taxes which help on the NYC Debt and boost the localized Economy.
Potential Footnote to the NYC Comptrollers Report for FY XX:
Additionally we were able to decrease the costs of NYC External Audits and boost the local economy through facilitating a special teamworking program in support of NYC CPAs
(we note: It sounds like a win for NYC)
2. The gate keeper is Increasing your Business Costs through not knowing who to pass through and who to keep out. We can help to better train them on the gate watch through connecting their role to Business Economics and Efficiency.
3. The Dewey Bankruptcy proceding found the missing Assets - but why are yours still Off Balance Sheet aka don't worry we can help. Find that P&L entry that can be reclassed with a little homework:
Journal Entry:
Dr. Cash xxx
Cr. Retained Earnings xxx
(to Record the Liquid Assets we just found in your Business Model)
4. If your (Nameless Legendary) Entertainment Accounting rep / practice misssed your Assets we found them in the Public Record, We can help you make sure your Global Portfolio Wealth is on the Balance Sheet, correctly classified, Tracked and Accounted for.
Journal Entry:
Dr. Your Portfolio Assets (via Cash) XXX
Cr. Net Worth XXX
(to recapture Assets in your Global Porfolio Wealth )
5. If you are not measuring your business processes and dashboarding, you are losing real financial opportunities. Use the tools of Accounting, Finance and Compliance to maximize the Financial Opportunities you meet in your business.
6.Modesty will get you "know" where - for the most part we run an even keel considering the amount of hands on experience we bring . We know how to solve problems from hands on experience bottom up and top down on financials, it makes for a comprehensive cross sectional value proposition on Strategic and Operational skills but we are light on touting it - I am going to rethink that one. Because what we know while delivered with Modesty is a Real Financial Value package to help you in Strength on Strategy and Operations.
7. I found a great process map on Engagement from an English Firm yesterday.... I'll work that in to a future post.
8. We finally connected on a lead to build out the Agriculture Lines.... we are on on the commitment to build with knowledge that can help in support of US Agriculture right here from NYC..... in support of NY and US Family Farmers. I am so glad that we can do this...
9. When IP (Intellectual Property) leads you to the Photographer from Melody Maker... and he hands you a picture he took of James Marshall H (talk about IP!) in the Heyday of Soho (no not NY Soho, London Soho....) Chance encounters in NYC are some of the best Encounters at the cross roads of the World...aka This is why I love New York and you should too!!! .... but always remember we like your State, City and town too it's not Mutually exclusive and there are many great locations across this fine Nation of Ours.
If there was a hint of the cavalier here....no intention to upset anyone... we are just proud of the knowledge that's been built in support of Financial Decision Makers in Government, Industry, Non Profit and Individual roles on Financials. This line is Focused on NYC, but we are the line that connects on Local, State and National needs on Financials so learn more at:
DCarsonCPA.com your weblink to Our Practice, Our Practice is here with knowledge, experience, teamwork and research that can help to lead on Financial Decision Making - drop by www.dcarsoncpa.com to learn more.
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