§ 1226-J — Appropriations for purposes of water board or the authority; transfer of property to water board or authority; acquisition of property by...

New York § 1226-J

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 10: Upper Mohawk Valley Regional Water Finance Authority
• Art. 5: Public Utility Authorities

Text

§ 1226-j. Appropriations for purposes of water board or the authority;\ntransfer of property to water board or authority; acquisition of\nproperty by municipality for authority; contracts with municipality. 1.\nIn addition to any powers granted to it by law, any municipality may,\nfrom time to time, appropriate by resolution sums of money for purposes\nof either the water board or the authority to defray project costs or\nany other costs and expenses of either the water board or the authority\nor to pay amounts payable or anticipated to be payable to either the\nwater board or the authority pursuant to any agreement authorized by\nthis title. Subject to the rights of bondholders, such municipality may\ndetermine if the moneys so appropriated shall be subject to repayment by\neither the water board or the authority and, in such event, the manner\nand time or times for such repayment.\n 2. Any municipality may give, grant, sell, convey, loan or license the\nuse of or lease to either the water board or to the authority any\nproperties which are useful to either the water board or the authority\nin order to carry out their powers under this title. Any such transfer\nof property shall be for such term and upon such terms and conditions,\nsubject to the rights of the holders of any bonds, as the authority and\nsuch municipality may agree, including provision for the authority to\nassume the primary responsibility for the payment of any bonds or notes\nissued by such municipality for such properties.\n 3. Notwithstanding the provisions of any other law, general, special\nor local to the contrary, real property acquired by either the water\nboard, the authority or any municipality from the state may be used for\nany corporate purpose of either the water board or the authority.\n 4. One or more of the municipalities within the service area, the\nwater board and/or the authority shall have the power to contract, from\ntime to time, between or among themselves, in relation to the purchase,\nsale, production, accumulation, supply, transmission, or treatment of\nwater, and/or the construction, use, sale and/or leasing, of any water\nfacility of the water board, which contracts may include any or all of\nthe following provisions: (i) requiring the purchase by any municipality\nof specified amounts of water; (ii) requiring the use by any\nmunicipality of a water facility; (iii) limiting the right, including a\nprohibition, of any municipality to construct a water facility which\nwill serve the same, or substantially the same, function as a water\nfacility constructed or to be constructed by the municipality; (iv)\nrequiring the water board to reserve capacity in any water facility to\nassure the availability to any municipality of a specified amount of\nwater or of the use of any water facility; (v) providing for specified\nminimum periodic payments whether or not water is actually taken and\nused, or such water facility is actually used, subject to such\nlimitations, exceptions and provisions therein, and (vi) requiring any\nmunicipality to pay to the water board such amounts as shall be\nnecessary to assure the continued operation of the water board. All such\npayments shall be determined and paid in such manner and at such times\nas may be provided in such contracts.\n 5. No gift, grant, sale, conveyance, loan, contract or lease\nauthorized by this section shall be subject to referendum, permissive or\notherwise.\n