§ 1226-G — Transfer of water facilities by the board of water supply or any municipality

§ 1226-g. Transfer of water facilities by the board of water supply or\nany municipality. 1. The board of water supply or any municipality may,\nby resolution approved by a majority of the entire voting strength of\nthe applicable governing body of the board of water supply or\nmunicipality, as the case may be, enter into an agreement with the water\nboard for the transfer, by deed, lease or other arrangement, to the\nwater board, for use in the exercise of its corporate powers and\npurposes, of any property, real, personal or mixed or any interest\ntherein, constituting a water facility or facilities or otherwise owned\nby it. Any such property offered to be transferred to the water board\nwithin the period commencing on the date the certificate described in\nparagraph (a) of subdivision five of section one thousand two hundred\ntwenty-six-e of this title shall be filed by the county executive and\nterminating one hundred days thereafter shall be accepted by the water\nboard in the physical condition in which it then exists. Any such\nagreement shall state the consideration, if any, for such transfer and\nshall provide that the authority shall assume the obligation to pay any\nor all outstanding indebtedness of the transferring body and/or pay all\nor part of any purchase or acquisition price in cash or in installments\nover such period of years, at such rate of interest, if any, and may be\nsubject to such other terms and conditions as the water board, the\nauthority, the board of water supply or municipality, as the case may\nbe, shall agree to be fair, adequate and reasonable. Notwithstanding\nsection six-l of the general municipal law or any other general, special\nor local law or charter provision to the contrary, the purchase or\nacquisition price, including cash proceeds and any installments to be\npaid by the authority to the board of water supply or to the city over a\nperiod of years, shall be paid to the city and deposited when received\nby the city in a trust fund hereby created and entitled "city of Utica\ncapital improvement trust fund". Moneys in such trust fund shall be\ninvested in the same manner as moneys of the city held in a capital\nreserve fund established pursuant to section six-c of the general\nmunicipal law may be invested. Not exceeding fifty per centum of the\nprincipal corpus plus interest earned or capital gain realized by the\ncity in the immediately preceding fiscal year of the city from any such\ninvestment may be authorized to be and thereafter expended by a\ntwo-thirds vote of the council of the city for any city object or\npurpose defined as a capital improvement in subdivision nine of section\n2.00 of the local finance law or to pay principal of or interest on\nobligations of the city issued for any capital improvement, provided:\n(i) the mayor shall have theretofore submitted to the council and the\ncouncil shall have approved a five year capital plan for the city, and\n(ii) the capital improvement or improvements for which such moneys will\nbe expended is described and approved in such capital plan, and (iii)\nnotwithstanding paragraphs (i) and (ii) of this subdivision, the\nexpenditure of any amount of such moneys specifically allocated in the\ncity budget to pay the principal of or interest on any existing\nobligations of the city may be authorized in the same manner and by the\nsame voting strength as provided for in the adoption of the annual city\nbudget. The capital plan may be revised, from time to time, by the mayor\nand the council and may be amended, from time to time, as the mayor and\nthe council shall determine necessary and appropriate. Any amount of\ninterest earned or capital gain realized from any such investment and\nnot expended in any fiscal year of the city as herein provided shall, on\nthe first day of the next succeeding fiscal year of the city, be added\nto and become a part of the principal corpus of said trust fund. The\ntrust fund shall terminate when the balance of all moneys remaining\ntherein shall amount to less than two hundred thousand dollars. At such\ntime the remaining principal corpus may be transferred to and deposited\nin the general fund of the city by a majority vote of the council of the\ncity. Notwithstanding any provision of any general or local law or\ncharter provision, neither the principal corpus of such trust fund nor\nany interest or capital gain realized from the investment thereof shall\nbe utilized, transferred or advanced for any purpose or to any fund. To\nthe extent not inconsistent with this title, any such agreement may\nimpose such limitations or conditions as may be agreed upon by and\nbetween the board of water supply or such municipality and the water\nboard with respect to the power of the water board to sell or otherwise\ndispose of any property acquired by the water board pursuant to such\nagreement. Notwithstanding the provisions of any general, special or\nlocal law or charter to the contrary, any action taken by the board of\nwater supply or any municipality pursuant to this subdivision shall not\nbe subject to a permissive or mandatory referendum and any such\nproperty, real, personal or mixed or any interest therein, need not be\nsold at public auction.\n 2. Any such agreement shall set forth the liabilities of the board of\nwater supply or of any municipality which it is contemplated are to be\npaid by the authority or the water board from moneys available to it.\n 3. Any such agreement may provide for the payment by the board of\nwater supply or any municipality to the water board of any funds,\nincluding the remaining proceeds of any bonds or notes issued for any\nwater facility, to be transferred by the board of water supply or\nmunicipality to the water board as may be determined appropriate by such\nboard of water supply or municipality and the water board.\n 4. The board of water supply, any municipality, the authority and the\nwater board, or any combination thereof, are hereby authorized and\nempowered to make or enter into any contracts, agreements, deeds,\nleases, conveyances or other instruments as may be necessary or\nappropriate to effectuate the purposes of this title, and they shall\nhave power and authority to do so and to authorize the doing of all\nthings incidental, desirable or necessary to implement the provisions of\nthis title.\n 5. Notwithstanding the foregoing provisions of this section, no\nagreement relating to the transfer of water facilities contemplated by\nthis section shall become effective for any purpose unless and until the\nsame shall have been approved in writing by resolution of the authority.\n 6. Any application filed or proceeding heretofore commenced in\nrelating to any water facility transferred to the water board pending\nwith the state departments of environmental conservation or health or\nany other state agency or with the United States environmental\nprotection agency or any other federal agency or instrumentality shall\ninure to and for the benefit of the water board and be binding upon the\nwater board to the same extent and in the same manner as if the water\nboard had been a party to such application or proceeding from its\ninception, and the water board shall be deemed a party thereto to the\nextent not prohibited by any federal law. Any license, approval, permit\nor decision heretofore or hereafter issued or granted pursuant to or as\na result of any such application or proceeding shall inure to the\nbenefit of and be binding upon the water board and shall be assigned and\ntransferred by the board of water supply or applicable municipality to\nthe water board unless such assignment and transfer is prohibited by\nfederal law.\n 7. The rules and regulations of the water board may provide for the\ndiscontinuance or disconnection of the supply of water by the water\nboard for non-payment of fees, rates or other charges therefor imposed\nby the 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.\n