§ 1226-I — Imposition and disposition of fees, rates or charges

§ 1226-i. Imposition and disposition of fees, rates or charges. 1.\nThe water board shall establish, fix and revise, from time to time,\nfees, rates or other charges for the use of, or services furnished,\nrendered or made available by, all projects and water facilities owned,\nleased or utilized by the water board pursuant to this title in an\namount at least sufficient at all times so as to provide funds in an\namount sufficient, together with other revenues available to the board,\nif any, (i) to pay to the authority, in accordance with any agreement\nwith the authority, an amount sufficient for the purpose of paying the\nprincipal of and the interest on the outstanding bonds of the authority\nas the same shall become due and payable and maintaining or funding a\ncapital or debt service reserve fund therefor, if any, or any other fund\ndetermined necessary by the authority, and, if applicable (ii) to pay to\nany municipality, in accordance with this title or any agreement entered\ninto pursuant to this title, an amount sufficient for the purpose of\npaying any payment in lieu of taxes as the same shall become due and\npayable, (iii) to raise an amount sufficient for the purpose of paying\nthe costs of administering, maintaining, repairing and operating any\nwater facility, (iv) to meet any requirements of any agreement,\nincluding requirements relating to the establishment of reserves for\nrenewal and replacement and for uncollected charges and covenants\nrespecting rates, (v) to pay all other reasonable and necessary expenses\nof the authority and the water board in relation thereto, and (vi) to\npay or provide for such other purposes or projects as the water board\nconsiders appropriate and in the public interest.\n 2. No fee, rate or other charge shall be established, fixed or revised\nunless and until the water board has held a public hearing at which the\nusers of the water facility, the owners of property served or to be\nserved and other interested persons have had an opportunity to be heard\nconcerning the same. Notice of such public hearing shall be published by\nthe water board not less than ten nor more than twenty days before the\ndate set therefor in a newspaper or newspapers having general\ncirculation in the service area, as shall be designated by the water\nboard. Such notice shall set forth the date, time and place of such\nhearing and shall include a brief description of the matters to be\nconsidered at such hearing. A copy of the notice shall be filed in the\noffice of the secretary of the water board and shall be available for\ninspection by the public. At all such hearings, all users of the water\nfacilities, 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 secretary of the water board for public\ninspection. Such decision shall be published in a newspaper or\nnewspapers having a general circulation in the service area as shall be\ndesignated by the water board not later than thirty days after such\ndecision is made. The fees, rates or other charges so established for\nany class of users of property served shall be extended to cover any\nadditional premises thereafter served which are within the same class,\nwithout the necessity of a hearing thereon. The water board shall exempt\nthe facility currently operated by the Utica zoological society and\nlocated on Steele Hill road, Utica, commonly known as the Utica zoo,\nfrom the payment of fees, rates or charges for water. The water board\nmay also determine to exempt the municipalities within the service area\nfrom the payment of all or any part of fees, rates or other charges as\nthe water board deems appropriate; provided, however, that (i) any such\nexemption shall be established by and set forth in a resolution of the\ngoverning body of the water board, (ii) such resolution shall be mailed\nor delivered to all municipalities within or partly within the service\narea prior to the date on which any such exemption shall take effect,\nand (iii) any such exemption shall apply equally and uniformly to all\nsuch municipalities.\n 3. The fees, rates or other charges established, fixed and revised\nfrom time to time by the water board shall be collected by the water\nboard at such times and in such manner as may be determined by the rules\nand regulations adopted by the water board consistent with the\nprovisions of this title.\n 4. Such fees, rates or other charges, if not paid when due, shall\nconstitute a lien upon the premises served and a charge against the\nowners thereof, which lien and charge shall bear interest at the same\nrate as would unpaid taxes of the county. 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 county 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. 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, or other charges for water service to any\npremises may be enforced by discontinuing the water service to such\npremises provided that 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 5. 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, the board of water supply, and any\nmunicipality consistent with the priorities set forth in such agreement.\nThere is hereby created a lien, by this title made a statutory lien\nwithin the meaning of the uniform commercial code and any other state or\nfederal law, upon the gross revenues of the water board, in favor of the\npayment of all amounts due pursuant to such agreement and in the order\nand priority set forth therein and which lien shall be a first lien upon\nsuch gross revenues. The gross revenues so subject to such statutory\nlien shall be and remain subject to such statutory lien until the\npayment in full of each such item in accordance with such priority. Said\nstatutory lien shall not be construed to give any holder or owner of any\nbond of the authority power to compel the sale of any water facility.\n 6. If there be any default by the water board, in the making of the\npayments to the authority required under this title, as a result of the\nfailure by the water board to impose sufficient fees, rates or other\ncharges, the authority may petition for the appointment by any court\nhaving jurisdiction in any proper action of a receiver to administer on\nbehalf of the water board, under the direction of said court, the\naffairs of the water board in order to achieve revenues at least\nsufficient to make such payments; and by and with the approval of said\ncourt, to establish, fix and revise, from time to time, fees, rates or\nother charges at least sufficient therefor in conformity with this\ntitle, and the resolution or trust indenture of the authority providing\nfor the issuance of its bonds and in accordance with such orders as the\ncourt shall make.\n 7. The water board shall prepare and transmit to each town in the\nservice area on or before the first day of September in each year, to\neach village in the service area on or before the first day of February\nin each year and to the city on or before the first day of February in\neach year a list of those persons or property owners within such\nmunicipality who are in arrears in the payment of fees, rates, or other\ncharges for a period of sixty days or more after the last day fixed for\npayment thereof without penalty. The list shall contain a brief\ndescription of the properties for which the services were provided, the\nnames of the persons liable to pay for the same and the amounts\nchargeable to each, including applicable penalties and interest. The\nmunicipality shall levy or cause to be levied such sums against the\nproperties liable and shall state the amount thereof in a separate\ncolumn in the annual tax rolls of such municipality under the name of\n"delinquent water charges". Such amounts, as and when collected by such\nmunicipality, shall be paid over to the water board. All of the\nprovisions of the tax laws of the state covering the enforcement and\ncollection of unpaid taxes of an applicable municipality shall apply to\nthe collection of such unpaid fees, rates or other charges. In the event\nthat the enforcement of unpaid taxes, including unpaid delinquent water\ncharges, does not yield moneys sufficient to pay in full all unpaid\ntaxes including unpaid delinquent water charges, the amount of unpaid\nwater charges to be paid to the water board shall be prorated.\n 8. Neither the public service commission, the department of\nenvironmental conservation nor any municipal or state agency, shall have\nany jurisdiction over the water board or the authority or any power over\nthe regulation of the fees, rates or other charges established, fixed or\nrevised by the water board except as provided by law with respect to the\nsupply of water to users outside the service area. The decision dated\nSeptember fourteen, nineteen hundred thirty-seven of the water power and\ncontrol commission, predecessor to the department of environmental\nconservation, with respect to the supply, distribution of and payment\nfor water by and to the city shall be of no force and effect subsequent\nto the date on which the water board shall supply, distribute and sell\nwater in the service area pursuant to this title.\n