N.Y. Public Authorities Law § 1230-k: Appropriations for purposes of the water board or the authority; transfer of property to the water board or authority; acquisition of pro...

§ 1230-k. Appropriations for purposes of the water board or the

authority; transfer of property to the water board or authority;

acquisition of property by the city or municipality for the authority;

contracts with the city or any municipality. 1. In addition to any

powers granted to it by law, the city or 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, the city, or 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. The city, any state agency or 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 water board, the authority, such state agency 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 the city, such state agency or 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 or a state

agency may be used for any corporate purpose of either the water board

or the authority.

4. Any municipality, state agency, the water board and/or the

authority shall have the power to contract, from time to time, between

or among themselves, or with any other person, in relation to the

purchase, sale, production, accumulation, supply, transmission, or

treatment of water, or the provision of wastewater or storm water

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

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

all of the following provisions: (a) requiring the purchase by any

municipality of specified amounts of water, wastewater or storm water

services; (b) requiring the use by any municipality of a system

facility; (c) limiting the right, including a prohibition, of any

municipality to construct a facility which will serve the same, or

substantially the same, function as a system facility constructed or to

be constructed by the water board; (d) requiring the water board to

reserve capacity in any system facility to assure the availability to

any municipality of a specified amount of use of any system facility;

(e) providing for specified minimum periodic payments whether or not

water, wastewater or storm water services are actually taken and used,

or such system facility is actually used, subject to such limitations,

exceptions and provisions therein, and (f) 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.

6. Any agreement for the supply of water services, wastewater services

or storm water services between the city or an agency thereof and any

other municipality or state agency, or any administrative determination

by a state agency, or any other arrangement in this regard, in effect at

the time the water board shall be established, shall remain in full

force and effect and be binding upon the water board as if it were a

party to such agreement, determination or other arrangement.

7. (a) Notwithstanding any other provision of this title, neither the

authority nor the water board shall supply, or enter into any agreement

to supply water to any municipality within the Niagara county water

district, or any person or entity within the boundaries of the Niagara

county water district without the consent and approval by resolution of

a majority of the members of the Niagara county water district

administrative board; (b) that nothing contained in paragraph (a) of

this subdivision, or elsewhere in this title shall affect in any manner

either the existing rights of the city, or such rights assumed by the

authority or the water board, or the existing rights of any other

municipality with respect to those persons or entities presently

receiving water from the city.