N.Y. Public Authorities Law § 1045-h: Transfer of sewerage or water systems by the city to the water board

§ 1045-h. Transfer of sewerage or water systems by the city to the

water board. 1. The city may, acting either by the mayor alone or by

resolution of the board of estimate of the city, enter into an agreement

with the water board for the transfer to the water board, for use in the

exercise of its corporate powers and purposes, the sewerage system or

water system, or both, of the city as the same then shall be owned by

the city. Any such agreement may provide for the transfer of title of

such system or systems by deed, lease or other arrangement to the water

board. To the extent not inconsistent with this title, any such

agreement may impose such limitations or conditions as may be agreed

upon by and between the city and water board with respect to the power

of the water board to sell or otherwise dispose of any property acquired

by the board pursuant to such agreement, and may provide for or

authorize the water board to surrender to the city, property no longer

required by the water board for its public purposes. Notwithstanding the

provisions of any general, special or local law or charter to the

contrary, any action taken by the city pursuant to this subdivision

shall not be subject to a permissive or mandatory referendum.

2. Any such agreement shall set forth the liabilities of the city

which it is contemplated are to be paid by the water board from moneys

available to it; provided, however, that such agreement does not require

the water board to assume the liabilities of the city; provided further,

notwithstanding the foregoing, the city shall continue to be the record

owner for real estate tax purposes of any facilities located outside of

its municipal boundaries.

3. Any such agreement may provide for the payment by the city to the

water board from any funds of the city, of such amount as may be

determined appropriate for use by the water board.

4. The city and the water board are hereby authorized and empowered to

make or enter into any contracts, agreements, deeds, leases, conveyances

or other instruments as may be necessary or appropriate to effectuate

the purposes of this title, and they shall have power and authority to

do so and to authorize the doing of all things incidental, desirable or

necessary to implement the provisions of this title.

5. Notwithstanding the foregoing provisions of this section, no

agreement contemplated by this section shall become effective for any

purpose unless and until the same shall have been approved in writing by

resolution of the authority.

6. Upon the filing by the water board with the clerk of the city and

the secretary of state of a copy of the instruments or documents

effectuating the transfer authorized by this section, the water board

shall take possession of the sewerage system or water system, or both,

of the city thereby transferred.

7. Any application filed or proceeding heretofore commenced in

relation to the sewerage system or water system, or both, transferred to

the water board pending with the state departments of environmental

conservation or health or any other state agency or with the United

States environmental protection agency or any other federal agency or

instrumentality shall inure to and for the benefit of the water board

and be binding upon the water board to the same extent and in the same

manner as if the water board had been a party to such application or

proceeding from its inception, and the water board shall be deemed a

party thereto to the extent not prohibited by any federal law. Any

license, approval, permit or decision heretofore or hereafter issued or

granted pursuant to or as a result of any such application or proceeding

shall inure to the benefit of and be binding upon the water board and

shall be assigned and transferred by the city to the water board unless

such assignment and transfer is prohibited by federal law.

8. The rules and regulations of the water board may provide for the

discontinuance or disconnection of the supply of water or the provision

of sewerage service, or both, as the case may be, by the city for

non-payment of fees, rates, rents or other charges therefor imposed by

the water board, provided such discontinuance or disconnection of any

supply of water or the provision of sewerage service, or both, as the

case may be, shall not be carried out except in the manner and upon the

notice as is required of a waterworks corporation pursuant to

subdivisions three-a, three-b and three-c of section eighty-nine-b and

section one hundred sixteen of the public service law. A copy of all

by-laws, rules and regulations and amendments thereto, duly certified by

the secretary of the water board, shall be filed in the offices of the

clerk of the city and the secretary of state within three months and

thereafter published once in the official newspaper of the city.

Violation of such rules and regulations shall subject the offending

party to a civil penalty in an action brought by the water board, not

exceeding one hundred dollars for each day the violation continues.

Jurisdiction is hereby conferred upon the civil court of the city and

the environmental control board of the city to hear and determine,

subject to the provisions of the civil practice law and rules, any

violation of such rules and regulations.