§ 1230-H — Transfer of facilities by the city of Niagara Falls or any municipality

§ 1230-h. Transfer of facilities by the city of Niagara Falls or any\nmunicipality. 1. The city or any municipality may, by resolution\napproved by a majority of the entire voting strength of the applicable\ngoverning body of the board of the city or municipality, as the case may\nbe, enter into an agreement with the water board for the transfer, by\ndeed, lease or other arrangement, to the water board, for use in the\nexercise of its corporate powers and purposes, of any property, real,\npersonal or mixed or any interest therein, constituting a water,\nwastewater or storm water facility or facilities or otherwise owned by\nit. 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 twelve hundred thirty-e of\nthis title shall be filed by the mayor and terminating three hundred\nsixty-five days thereafter shall be accepted by the water board in the\nphysical condition in which it then exists. Any such agreement shall\nstate the consideration, if any, for such transfer and shall provide\nthat the authority shall assume the obligation to pay any or all\noutstanding indebtedness of the transferring body relating to the system\nand/or pay all or part of any purchase or acquisition price in cash or\nin installments over such period of years, at such rate of interest, if\nany, and may be subject to such other terms and conditions as the water\nboard, the authority, the city or municipality, as the case may be,\nshall agree to be fair, adequate and reasonable. Notwithstanding the\nprovisions of any general, special or local law or charter to the\ncontrary, any action taken by the city or any municipality pursuant to\nthis subdivision shall not be subject to a permissive or mandatory\nreferendum.\n 2. Any such agreement shall set forth the liabilities of the city or\nof any municipality in which it is contemplated are to be paid by the\nauthority or the water board from moneys available to it.\n 3. Any such agreement may provide for the payment by the city or any\nmunicipality to the water board of any funds, including the remaining\nproceeds of any bonds or notes issued for any facility of the system, to\nbe transferred by the city or municipality to the water board as may be\ndetermined appropriate by the city or such municipality and the water\nboard.\n 4. The city, any municipality, the authority and the water board, or\nany combination thereof, are hereby authorized and empowered to make or\nenter into any contracts, agreements, deeds, leases, conveyances or\nother instruments as may be necessary or appropriate to effectuate the\npurposes of this title, and they shall have power and authority to do so\nand 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 relating to the transfer of system 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. 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 system facilities or any part thereof of\nthe city or any municipality thereby transferred.\n 7. Any application filed or proceeding heretofore commenced in\nrelation to any facility of the system transferred to the water board\npending with the state departments of environmental conservation or\nhealth or any 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 or state law. Any license,\napproval, permit or decision heretofore or hereafter issued or granted\npursuant to or as a result of any such application or proceeding shall\ninure to the benefit of and be binding upon the water board and shall be\nassigned and transferred by the city or applicable municipality to the\nwater board unless such assignment and transfer is prohibited by federal\nor state law.\n