N.Y. Public Authorities Law § 1115-g: Transfer of sewerage or water systems by the city to the water board

§ 1115-g. Transfer of sewerage or water systems by the city to the

water board. 1. The city may, 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 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 the water board with respect to the power of the water board to sell

or otherwise dispose of any property acquired by the water 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, any real property owned by the city

outside its municipal boundaries for the purposes of the water system

including all water facilities which are subject to real property

taxation under city ownership shall remain subject to real property

taxation as provided in section one thousand one hundred fifteen-j of

this title upon transfer and conveyance to the water board as if the

city remained the record owner of such water system and water

facilities.

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 comtemplated 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 or the

water board 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 ninety days 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 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.