N.Y. Public Authorities Law § 1226-j: Appropriations for purposes of water board or the authority; transfer of property to water board or authority; acquisition of property by...

§ 1226-j. Appropriations for purposes of water board or the authority;

transfer of property to water board or authority; acquisition of

property by municipality for authority; contracts with municipality. 1.

In addition to any powers granted to it by law, any municipality may,

from time to time, appropriate by resolution sums of money for purposes

of either the water board or the authority to defray project costs or

any other costs and expenses of either the water board or the authority

or to pay amounts payable or anticipated to be payable to either the

water board or the authority pursuant to any agreement authorized by

this title. Subject to the rights of bondholders, such municipality may

determine if the moneys so appropriated shall be subject to repayment by

either the water board or the authority and, in such event, the manner

and time or times for such repayment.

2. Any municipality may give, grant, sell, convey, loan or license the

use of or lease to either the water board or to the authority any

properties which are useful to either the water board or the authority

in order to carry out their powers under this title. Any such transfer

of property shall be for such term and upon such terms and conditions,

subject to the rights of the holders of any bonds, as the authority and

such municipality may agree, including provision for the authority to

assume the primary responsibility for the payment of any bonds or notes

issued by such municipality for such properties.

3. Notwithstanding the provisions of any other law, general, special

or local to the contrary, real property acquired by either the water

board, the authority or any municipality from the state may be used for

any corporate purpose of either the water board or the authority.

4. One or more of the municipalities within the service area, the

water board and/or the authority shall have the power to contract, from

time to time, between or among themselves, in relation to the purchase,

sale, production, accumulation, supply, transmission, or treatment of

water, and/or the construction, use, sale and/or leasing, of any water

facility of the water board, which contracts may include any or all of

the following provisions: (i) requiring the purchase by any municipality

of specified amounts of water; (ii) requiring the use by any

municipality of a water facility; (iii) limiting the right, including a

prohibition, of any municipality to construct a water facility which

will serve the same, or substantially the same, function as a water

facility constructed or to be constructed by the municipality; (iv)

requiring the water board to reserve capacity in any water facility to

assure the availability to any municipality of a specified amount of

water or of the use of any water facility; (v) providing for specified

minimum periodic payments whether or not water is actually taken and

used, or such water facility is actually used, subject to such

limitations, exceptions and provisions therein, and (vi) requiring any

municipality to pay to the water board such amounts as shall be

necessary to assure the continued operation of the water board. All such

payments shall be determined and paid in such manner and at such times

as may be provided in such contracts.

5. No gift, grant, sale, conveyance, loan, contract or lease

authorized by this section shall be subject to referendum, permissive or

otherwise.