§ 1045-H — Transfer of sewerage or water systems by the city to the water board

New York § 1045-H

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

Text

§ 1045-h. Transfer of sewerage or water systems by the city to the\nwater board. 1. The city may, acting either by the mayor alone or by\nresolution of the board of estimate of the city, enter into an agreement\nwith the water board for the transfer to the water board, for use in the\nexercise of its corporate powers and purposes, the sewerage system or\nwater system, or both, of the city as the same then shall be owned by\nthe city. Any such agreement may provide for the transfer of title of\nsuch system or systems by deed, lease or other arrangement to the water\nboard. To the extent not inconsistent with this title, any such\nagreement may impose such limitations or conditions as may be agreed\nupon by and between the city and water board with respect to the power\nof the water board to sell or otherwise dispose of any property acquired\nby the board pursuant to such agreement, and may provide for or\nauthorize the water board to surrender to the city, property no longer\nrequired by the water board for its public purposes. Notwithstanding the\nprovisions of any general, special or local law or charter to the\ncontrary, any action taken by the city pursuant to this subdivision\nshall not be subject to a permissive or mandatory referendum.\n 2. Any such agreement shall set forth the liabilities of the city\nwhich it is contemplated are to be paid by the water board from moneys\navailable to it; provided, however, that such agreement does not require\nthe water board to assume the liabilities of the city; provided further,\nnotwithstanding the foregoing, the city shall continue to be the record\nowner for real estate tax purposes of any facilities located outside of\nits municipal boundaries.\n 3. Any such agreement may provide for the payment by the city to the\nwater board from any funds of the city, of such amount as may be\ndetermined appropriate for use by the water board.\n 4. The city and the water board are hereby authorized and empowered to\nmake or enter into any contracts, agreements, deeds, leases, conveyances\nor other instruments as may be necessary or appropriate to effectuate\nthe purposes of this title, and they shall have power and authority to\ndo so and to authorize the doing of all things incidental, desirable or\nnecessary to implement the provisions of this title.\n 5. Notwithstanding the foregoing provisions of this section, no\nagreement contemplated by this section shall become effective for any\npurpose unless and until the same shall have been approved in writing by\nresolution of the authority.\n 6. Upon the filing by the water board with the clerk of the city and\nthe secretary of state of a copy of the instruments or documents\neffectuating the transfer authorized by this section, the water board\nshall take possession of the sewerage system or water system, or both,\nof the city thereby transferred.\n 7. Any application filed or proceeding heretofore commenced in\nrelation to the sewerage system or water system, or both, transferred to\nthe water board pending with the state departments of environmental\nconservation or health or any other state agency or with the United\nStates environmental protection agency or any other federal agency or\ninstrumentality shall inure to and for the benefit of the water board\nand be binding upon the water board to the same extent and in the same\nmanner as if the water board had been a party to such application or\nproceeding from its inception, and the water board shall be deemed a\nparty thereto to the extent not prohibited by any federal law. Any\nlicense, approval, permit or decision heretofore or hereafter issued or\ngranted pursuant to or as a result of any such application or proceeding\nshall inure to the benefit of and be binding upon the water board and\nshall be assigned and transferred by the city to the water board unless\nsuch assignment and transfer is prohibited by federal law.\n 8. The rules and regulations of the water board may provide for the\ndiscontinuance or disconnection of the supply of water or the provision\nof sewerage service, or both, as the case may be, by the city for\nnon-payment of fees, rates, rents or other charges therefor imposed by\nthe water board, provided such discontinuance or disconnection of any\nsupply of water or the provision of sewerage service, or both, as the\ncase may be, shall not be carried out except in the manner and upon the\nnotice as is required of a waterworks corporation pursuant to\nsubdivisions three-a, three-b and three-c of section eighty-nine-b and\nsection one hundred sixteen of the public service law. A copy of all\nby-laws, rules and regulations and amendments thereto, duly certified by\nthe secretary of the water board, shall be filed in the offices of the\nclerk of the city and the secretary of state within three months and\nthereafter published once in the official newspaper of the city.\nViolation of such rules and regulations shall subject the offending\nparty to a civil penalty in an action brought by the water board, not\nexceeding one hundred dollars for each day the violation continues.\nJurisdiction is hereby conferred upon the civil court of the city and\nthe environmental control board of the city to hear and determine,\nsubject to the provisions of the civil practice law and rules, any\nviolation of such rules and regulations.\n