NY Pub Auth L § 1048-J (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 2-B - Buffalo Municipal Water Finance Authority 1048-J - Imposition and Disposition of Water Fees, Rates, Rents or Charges.

§  1048-j.  Imposition  and disposition of water fees, rates, rents or   charges. 1. The water board shall establish, fix and revise,  from  time   to time, fees, rates, rents or other charges for the use of, or services   furnished,  rendered or made available by, the water system owned by the   water board pursuant to this title in such amount at least sufficient at   all times so as to provide funds in an amount sufficient  together  with   other  revenues  available  to  the  board,  if  any,  (i) to pay to the   authority, in accordance with  any  agreement  with  the  authority,  an   amount  sufficient  for  the  purpose of paying the principal of and the   interest on the outstanding notes or bonds of the authority as the  same   shall  become  due  and  payable and maintaining or funding a capital or   debt service reserve fund therefor and, to the extent requested  by  the   city  in,  or annually pursuant to the agreement, to pay to the city, in   accordance with the agreement, an amount sufficient for the  purpose  of   paying  the principal of and interest on general obligation bonds of the   city issued for or allocable to the  water  system  as  the  same  shall   become  due and payable, and to maintain or fund reserves therefor, (ii)   to pay to  the  city,  in  accordance  with  the  agreement,  an  amount   sufficient  for  the  purpose  of  paying  the  costs  of administering,   maintaining, repairing  and  operating  and  the  cost  of  constructing   capital  improvements  to  the water system, (iii) to pay to the city in   accordance with the agreements entered into  pursuant  to  sections  one   thousand  forty-eight-h  and one thousand forty-eight-i of this title an   amount sufficient for the purpose of paying liabilities  issued  for  or   allocable  to the water system as the same shall become due and payable,   (iv) to meet any requirements of any  agreement  including  requirements   relating  to  the  establishment of reserves for renewal and replacement   and for uncollected charges and covenants respecting rates, (v)  to  pay   all  other  reasonable  and  necessary expenses of the authority and the   water board in relation thereto, and (vi) to the extent requested by the   city in or pursuant to the agreement, to pay or provide for  such  other   purposes  or  projects  as  such  city  considers appropriate and in the   public interest. Any surplus of funds remaining after such payments have   been made shall be returned to the city for deposit in the general fund.2. There is hereby established in the custody of  the  water  board  a   special  fund  to  be  known  as  the  local water fund. Such fund shall   consist of the revenues derived from the fees, rates, rents and  service   charges  established,  charged  and collected pursuant to this title and   any other income earned or moneys received by the water board.  Revenues   in  the  local  water  fund  shall  be  kept  separate  and shall not be   commingled with any other moneys in the custody of the water board.  All   moneys,  properties  and  assets acquired by the water board, whether as   revenues or otherwise, shall be held by it in trust for the purposes  of   carrying  out  its  powers  and  duties, and shall be used and reused in   accordance with the purposes and provisions of this article.The water board shall deposit promptly, to the  credit  of  the  local   water  fund,  revenues  collected  under this article in a bank, banking   house or trust company as may  be  designated  in  or  pursuant  to  the   agreement.3. No such fee, rate, rent or other charge shall be established, fixed   or revised unless and until the water board has held a public hearing at   which the users of the water system, the owners of property served or to   be  served  and  others  interested, have had an opportunity to be heard   concerning the same. Notice of such public hearing shall be published by   the water board at least twenty days before the date set therefor, in at   least one newspaper of general circulation in the areas  served  by  the   water  system.  Such  notice shall set forth the date, time and place of   such hearing and shall include a brief description of the matters to  be    considered  at  such hearing. A copy of the notice shall be filed in the   office of the clerk of the city and shall be available for inspection by   the public. At all such hearings, any users of the water system,  owners   of  property  served  or  to  be served and any other interested persons   shall have an opportunity to  be  heard  concerning  the  matters  under   consideration.  Any decision of the water board on matters considered at   such public hearing shall be in writing and be  made  available  in  the   office  of  the  water board for public inspection during regular office   hours. Such decision shall be published in at  least  one  newspaper  of   general  circulation  in  the  areas  served  by the water system within   thirty days after such decision is made. The fees, rates, rents or other   charges so established for any class of users of property  served  shall   be extended to cover any additional premises thereafter served which are   within the same class, without the necessity of a hearing thereon.4.  The  fees,  rates,  rents  or other charges established, fixed and   revised from time to time by the water board shall be collected  by  the   water board at such times and in such manner as may be determined by the   rules  and  regulations  adopted  by the water board consistent with the   provisions of this title.5. Such fees, rates, rents or other charges, if  not  paid  when  due,   shall  constitute  a  lien upon the premises served and a charge against   the owners thereof, which lien and charge shall  bear  interest  at  the   same  rate  as  would  unpaid  taxes  of  the city. Such lien shall take   precedence over all other liens or encumbrances, except taxes,  and  may   be foreclosed against the lot or building served in the same manner as a   lien  for  such taxes. The amount which remains due and unpaid for sixty   days may, with interest thereon at the same rate as  unpaid  city  taxes   and  with reasonable attorneys' fees, be recovered by the water board in   a civil action in the name of the water board against such  owners.  The   city,  and  any  state  agency shall be subject to the same fees, rates,   rents or other charges under the same conditions as other users of  such   water system. Any agreement for the supply of water services between the   city  or  an  agency  thereof and any other municipality or water supply   system, 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.  All  rights,   powers,   duties,   obligations  and functions provided by law with respect to the fixing of   charges or rates for the supply of water services to users  outside  the   city,  including  but not limited to those set forth in article eight of   the environmental  conservation  law,  shall  be  deemed  to  apply,  as   appropriate,  to  the water board established pursuant to this title. In   addition to any other lawful enforcement methods and pursuant  to  rules   and  regulations  of the water board promulgated pursuant to this title,   the payment of fees, rates, rents or other charges for water service  to   any  premises may be enforced by discontinuing the water service to such   premises provided that  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  water-works  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.6. The water board shall pay to the authority  such  amounts  at  such   times  and  in  such  manner  as may be provided in the agreement by and   among the authority, the water board and the city  consistent  with  the   priorities  set forth in such agreement. There is hereby created a lien,   by this title made a statutory lien within the meaning  of  the  uniform   commercial  code  and  any  other  state  or federal law, upon the gross    revenues of the water board, in favor of the payment of all amounts  due   pursuant  to  such  agreement  and  in  the order and priority set forth   therein and which lien shall be a first lien upon such  gross  revenues.   The gross revenues so subject to such statutory lien shall be and remain   subject  to  such  statutory lien until the payment in full of each such   item in accordance with such priority. Said statutory lien shall not  be   construed to give any holder or owner of any bond of the authority power   to compel the sale of any water system.7.  If  there  be  any default by the water board in the making of the   payments to the authority required under this section, as  a  result  of   the  failure  by the water board to impose sufficient fees, rates, rents   or other charges, the authority may petition for the appointment by  any   court  having  jurisdiction  in  any  proper  action  of  a  receiver to   administer on behalf of the water board, under  the  direction  of  said   court,  the  affairs  of  the  water  board  in  order to achieve system   revenues at least sufficient to make such payments; and by and with  the   approval of said court, to establish, fix and revise, from time to time,   fees,  rates,  rents  or  other  charges at least sufficient therefor in   conformity with this title, and the resolution or trust indenture of the   authority providing for the issuance of its bonds and in accordance with   such orders as the court shall make.8. The water board shall prepare and transmit to the city on or before   the first day of December in each  year  a  list  of  those  persons  or   property  owners  within  such city who are in arrears in the payment of   fees, rates, rents or other charges for a period of sixty days  or  more   after  the  last day fixed for payment thereof without penalty. The list   shall contain a brief  description  of  the  properties  for  which  the   services  were  provided, the names of the persons liable to pay for the   same and  the  amounts  chargeable  to  each,  including  penalties  and   interest computed to the next succeeding December thirty-first. The city   shall  levy  such sums against the properties liable and shall state the   amount thereof in a separate column in the annual tax rolls of such city   under the name of "delinquent water charges" as may be  appropriate  and   as  may  be  directed  by  the  water  board.  Such amounts, as and when   collected by the commissioner of administration and finance of the city,   shall be paid over to the water board. All of the provisions of the  tax   laws  of  the  state  covering  the enforcement and collection of unpaid   taxes of the city shall apply to the collection  of  such  unpaid  fees,   rates, rents or other charges.9.  Neither  the  public  service  commission,  nor  any city or state   agency, shall have any jurisdiction over the water board or authority or   any power over the regulation of the fees, rates, rents or other charges   established, fixed or revised by the water board except as  provided  by   law  with  respect  to the supply of water services to users outside the   city.