N.Y. Public Authorities Law § 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

municipality. 1. The city or any municipality may, by resolution

approved by a majority of the entire voting strength of the applicable

governing body of the board of the city or municipality, as the case may

be, enter into an agreement with the water board for the transfer, by

deed, lease or other arrangement, to the water board, for use in the

exercise of its corporate powers and purposes, of any property, real,

personal or mixed or any interest therein, constituting a water,

wastewater or storm water facility or facilities or otherwise owned by

it. Any such property offered to be transferred to the water board

within the period commencing on the date the certificate described in

paragraph (a) of subdivision five of section twelve hundred thirty-e of

this title shall be filed by the mayor and terminating three hundred

sixty-five days thereafter shall be accepted by the water board in the

physical condition in which it then exists. Any such agreement shall

state the consideration, if any, for such transfer and shall provide

that the authority shall assume the obligation to pay any or all

outstanding indebtedness of the transferring body relating to the system

and/or pay all or part of any purchase or acquisition price in cash or

in installments over such period of years, at such rate of interest, if

any, and may be subject to such other terms and conditions as the water

board, the authority, the city or municipality, as the case may be,

shall agree to be fair, adequate and reasonable. Notwithstanding the

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

contrary, any action taken by the city or any municipality 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 or

of any municipality in which it is contemplated are to be paid by the

authority or the water board from moneys available to it.

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

municipality to the water board of any funds, including the remaining

proceeds of any bonds or notes issued for any facility of the system, to

be transferred by the city or municipality to the water board as may be

determined appropriate by the city or such municipality and the water

board.

4. The city, any municipality, the authority and the water board, or

any combination thereof, 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 relating to the transfer of system facilities 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 system facilities or any part thereof of

the city or any municipality thereby transferred.

7. Any application filed or proceeding heretofore commenced in

relation to any facility of the 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 or state 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 or applicable municipality to the

water board unless such assignment and transfer is prohibited by federal

or state law.