N.Y. Public Authorities Law § 1048-h: Transfer of water systems by the city to the water board

§ 1048-h. Transfer of water systems by the city to the water board. 1.

The city may, acting by resolution of the common council 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, of the water system 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 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. Notwithstanding the provisions of any general,

special or local law or charter to the contrary, any moneys received by

the city in consideration for the transfer of such water system to the

water board may be deposited in the general fund of the city and used

for any lawful city purpose.

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 water system of the city thereby

transferred.

7. Any application filed or proceeding heretofore commenced in

relation to the water system 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 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 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 city court to hear and

determine, subject to the provisions of the civil practice law and

rules, any violation of such rules and regulations.