§ 1048-H — Transfer of water systems by the city to the water board

New York § 1048-H

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

Text

§ 1048-h. Transfer of water systems by the city to the water board. 1.\nThe city may, acting by resolution of the common council of the city,\nenter into an agreement with the water board for the transfer to the\nwater board, for use in the exercise of its corporate powers and\npurposes, of the water system of the city as the same then shall be\nowned by the city. Any such agreement may provide for the transfer of\ntitle of such system 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\nthe provisions 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. Notwithstanding the provisions of any general,\nspecial or local law or charter to the contrary, any moneys received by\nthe city in consideration for the transfer of such water system to the\nwater board may be deposited in the general fund of the city and used\nfor any lawful city purpose.\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 water system of the city thereby\ntransferred.\n 7. Any application filed or proceeding heretofore commenced in\nrelation to the water system transferred to the water board pending with\nthe state departments of environmental conservation or health or any\nother state agency or with the United States environmental protection\nagency or any other federal agency or instrumentality shall inure to and\nfor the benefit of the water board and be binding upon the water board\nto the same extent and in the same manner as if the water board had been\na party to such application or proceeding from its inception, and the\nwater board shall be deemed a party thereto to the extent not prohibited\nby any federal law. Any license, approval, permit or decision heretofore\nor hereafter issued or granted pursuant to or as a result of any such\napplication or proceeding shall inure to the benefit of and be binding\nupon the water board and shall be assigned and transferred by the city\nto the water board unless such assignment and transfer is prohibited by\nfederal law.\n 8. The rules and regulations of the water board may provide for the\ndiscontinuance or disconnection of the supply of water 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 shall not be carried out except in the manner and upon\nthe notice 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 city court to hear and\ndetermine, subject to the provisions of the civil practice law and\nrules, any violation of such rules and regulations.\n