§ 1115-I — Imposition and disposition of fees, rates, rents or charges

New York § 1115-I

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 6: Albany Municipal Water Finance Authority
• Art. 5: Public Utility Authorities

Text

§ 1115-i. Imposition and disposition of fees, rates, rents or charges.\n1. The water board shall establish, fix and revise, from time to time,\nfees, rates, rents or other charges for the use of, or services\nfurnished, rendered or made available by, the water system or sewerage\nsystem, or both, as the case may be, owned by the water board pursuant\nto this title in such amount at least sufficient at all times so as to\nprovide funds in an amount sufficient, together with other revenues\navailable to the board, if any, (i) to pay to the authority, in\naccordance with any agreement with the authority, an amount sufficient\nfor the purpose of paying the principal of and the interest on the\noutstanding bonds of the authority as the same shall become due and\npayable and maintaining or funding a capital or debt service reserve\nfund therefor and, to the extent requested by the city in, or annually\npursuant to, any agreement, to pay to the city, in accordance with any\nagreement, an amount sufficient for the purpose of paying the principal\nof and interest on general obligation bonds of the city issued for or\nallocable to the water system or sewerage system, or both, as the case\nmay be, as the same shall become due and payable, and to maintain or\nfund reserves therefor, (ii) to pay to the city, in accordance with any\nagreement, an amount sufficient for the purpose of paying the costs of\nadministering, maintaining, repairing and operating and the cost of\nconstructing capital improvements to the water system or sewerage\nsystem, or both, as the case may be, (iii) to pay to the city in\naccordance with any agreement entered into pursuant to section eleven\nhundred fifteen-h of this title an amount sufficient for the purpose of\npaying liabilities issued for or allocable to the water system or\nsewerage system, or both, as the same shall become due and payable, (iv)\nto meet any requirements of any agreement including requirements\nrelating to the establishment of reserves for renewal and replacement\nand for uncollected charges and covenants respecting rates, (v) to pay\nall other reasonable and necessary expenses of the authority and the\nwater board in relation thereto, and (vi) to the extent requested by the\ncity in or pursuant to any agreement to pay or provide for such other\npurposes or projects as such city considers appropriate and in the\npublic interest. Any surplus of funds remaining in the water board after\nsuch payments have been made shall be returned to the city for deposit\nin the general fund.\n 2. There is hereby established in the custody of the water board a\nspecial fund to be known as the local water fund. Such fund shall\nconsist of the revenues derived from the fees, rates, rents and service\ncharges established, charged and collected pursuant to this title and\nany other income earned or moneys received by the water board. Revenues\nin the local water fund shall be kept separate and shall not be\ncommingled with any other moneys in the custody of the water board. All\nmoneys, properties and assets acquired by the water board, whether as\nrevenues or otherwise, shall be held by it in trust for the purposes of\ncarrying out its powers and duties, and shall be used and reused in\naccordance with the purposes and provisions of this article.\n 3. The water board shall deposit promptly, to the credit of the local\nwater fund, revenues collected under this article in a bank, banking\nhouse or trust company as may be designated in or pursuant to the\nagreements.\n 4. No such fee, rate, rent or other charge shall be established, fixed\nor revised unless and until the water board has held a public hearing at\nwhich the users of the water system or sewerage system, or both, as the\ncase may be, the owners of property served or to be served and other\ninterested persons, have had an opportunity to be heard concerning the\nsame. Notice of such public hearing shall be published by the water\nboard at least twenty days before the date set therefor in at least one\nnewspaper of general circulation in the city. Such notice shall set\nforth the date, time and place of such hearing and shall include a brief\ndescription of the matters to be considered at such hearing. A copy of\nthe notice shall be filed in the office of the clerk of the city and\nshall be available for inspection by the public. At all such hearings,\nany users of the water system or sewerage system, or both, as the case\nmay be, owners of property served or to be served and any other\ninterested persons shall have an opportunity to be heard concerning the\nmatters under consideration. Any decision of the water board on matters\nconsidered at such public hearing shall be in writing and be made\navailable in the office of the water board for public inspection during\nregular office hours. Such decision shall be published in at least one\nnewspaper of general circulation in the city within thirty days after\nsuch decision is made. The fees, rates, rents or other charges so\nestablished for any class of users of property served shall be extended\nto cover any additional premises thereafter served which are within the\nsame class, without the necessity of a hearing thereon.\n 5. The fees, rates, rents or other charges established, fixed and\nrevised from time to time by the water board shall be collected by the\nwater board at such times and in such manner as may be determined by the\nrules and regulations adopted by the water board consistent with the\nprovisions of this title.\n 6. Such fees, rates, rents or other charges, if not paid when due,\nshall constitute a lien upon the premises served and a charge against\nthe owners thereof, which lien and charge shall bear interest at the\nsame rate as would unpaid taxes of the city. Such lien shall take\nprecedence over all other liens or encumbrances, except taxes, and may\nbe foreclosed against the lot or building served in the same manner as a\nlien for such taxes. The amount which remains due and unpaid for sixty\ndays may, with interest thereon at the same rate as unpaid city taxes\nand with reasonable attorneys' fees, be recovered by the water board in\na civil action in the name of the water board against such owners. The\ncity and any state agency shall be subject to the same fees, rates,\nrents or other charges under the same conditions as other users of such\nwater system or sewerage system, or both, as the case may be. Any\nagreement for the supply of water services or sewerage services between\nthe city or an agency thereof and any other municipality or water supply\nsystem, or any administrative determination by a state agency, or any\nother arrangement in this regard, in effect at the time the water board\nshall be established, shall remain in full force and effect and be\nbinding upon the water board as if it were a party to such agreement,\ndetermination or other arrangement. All rights, powers, duties,\nobligations and functions provided by law with respect to the fixing of\ncharges or rates for the supply of water or sewerage services to users\noutside the city, including but not limited to those set forth in the\nenvironmental conservation law, shall be deemed to apply, as\nappropriate, to the water board established pursuant to this title. In\naddition to any other lawful enforcement methods and pursuant to rules\nand regulations of the water board promulgated pursuant to this title,\nthe payment of fees, rates, rents or other charges for water service or\nsewerage service to any premises may be enforced by discontinuing the\nwater service or sewerage service to such premises provided that such\ndiscontinuance or disconnection of any supply of water or the provision\nof sewerage service, or both, as the case may be, shall not be carried\nout except in the manner and upon the notice as is required of a\nwater-works corporation pursuant to subdivisions three-a, three-b and\nthree-c of section eighty-nine-b and section one hundred sixteen of the\npublic service law.\n 7. The water board shall pay to the authority such amounts at such\ntimes and in such manner as may be provided in the agreement by and\namong the authority, the water board and the city consistent with the\npriorities set forth in such agreement. There is hereby created a lien,\nby this title made a statutory lien within the meaning of the uniform\ncommercial code and any other state or federal law, upon the gross\nrevenues of the water board, in favor of the payment of all amounts due\npursuant to such agreement and in the order and priority set forth\ntherein and which lien shall be a first lien upon such gross revenues.\nThe gross revenues so subject to such statutory lien shall be and remain\nsubject to such statutory lien until the payment in full of each such\nitem in accordance with such priority. Said statutory lien shall not be\nconstrued to give any holder or owner of any bond of the authority power\nto compel the sale of any water system or sewerage system, as the case\nmay be.\n 8. If there be any default by the water board, in the making of the\npayments to the authority required under this section, as a result of\nthe failure by the water board to impose sufficient fees, rates, rents\nor other charges, the authority may petition for the appointment by any\ncourt having jurisdiction in any proper action of a receiver to\nadminister on behalf of the water board, under the direction of said\ncourt, the affairs of the water board in order to achieve system\nrevenues at least sufficient to make such payments; and by and with the\napproval of said court, to establish, fix and revise, from time to time,\nfees, rates, rents or other charges at least sufficient therefor in\nconformity with this title, and the resolution or trust indenture of the\nauthority providing for the issuance of its bonds and in accordance with\nsuch orders as the court shall make.\n 9. The water board shall prepare and transmit to the city on or before\nthe first day of December in each year a list of those persons or\nproperty owners within such city who are in arrears in the payment of\nfees, rates, rents or other charges for a period of sixty days or more\nafter the last day fixed for payment thereof without penalty. The list\nshall contain a brief description of the properties for which the\nservices were provided, the names of the persons liable to pay for the\nsame and the amounts chargeable to each, including penalties and\ninterest computed to the next succeeding December thirty-first. The city\nshall levy such sums against the properties liable and shall state the\namount thereof in a separate column in the annual tax rolls of such city\nunder the name of "delinquent water charges" or "delinquent sewerage\ncharges" or "delinquent water and sewerage charges" as may be\nappropriate and as may be directed by the water board. Such amounts, as\nand when collected by the city, shall be paid over to the water board.\nAll of the provisions of the tax laws of the state covering the\nenforcement and collection of unpaid taxes of the city shall apply to\nthe collection of such unpaid fees, rates, rents or other charges.\n 10. Neither the public service commission, nor any city or state\nagency, shall have any jurisdiction over the water board or the\nauthority or any power over the regulation of the fees, rates, rents or\nother charges established, fixed or revised by the water board except as\nprovided by law with respect to the supply of water or sewerage services\nto users outside the city.\n