NY Pub Auth L § 1230-J (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 10-B - Niagara Falls Public Water Authority 1230-J - Imposition and Disposition of Fees, Rates or Charges.

§ 1230-j. Imposition and disposition of fees, rates or charges. 1. The   water  board  shall  establish, fix and revise, from time to time, fees,   rates or other charges for the use of, or services  furnished,  rendered   or  made  available  by,  all projects, the facilities and system owned,   leased or utilized by the water board  pursuant  to  this  title  in  an   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,  (a)  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 bonds of the authority   as the same shall become due and payable and maintaining  or  funding  a   capital or debt service reserve fund therefor, if any, or any other fund   determined  necessary  by the authority, and, to the extent requested by   the city or any municipality in, or annually pursuant to, any agreement,   to pay  to  the  city  or  any  municipality,  in  accordance  with  any   agreement,  an amount sufficient for the purpose of paying the principal   of and  interest  on  general  obligation  bonds  of  the  city  or  any   municipality issued for or allocable to the facilities of the system, as   the  same shall become due and payable, and to maintain or fund reserves   therefor, (b) to pay to the city or any municipality, in accordance with   any 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 system, (c) to pay to the  city   or  any  municipality  in  accordance  with  any  agreement entered into   pursuant to section twelve hundred thirty-h  of  this  title  an  amount   sufficient for the purpose of paying liabilities issued for or allocable   to  the  system, as the same shall become due and payable, (d) to pay to   the city or any municipality, in  accordance  with  this  title  or  any   agreement  entered into pursuant to this title, an amount sufficient for   the purpose of paying any payment in lieu of taxes  as  the  same  shall   become  due  and  payable,  (e)  to  raise  an amount sufficient for the   purpose of paying the costs  of  administering,  managing,  maintaining,   repairing   and   operating   any  system  facility,  (f)  to  meet  any   requirements of any agreement, including requirements  relating  to  the   establishment   of   reserves   for  renewal  and  replacement  and  for   uncollected rates, fees or other charges and covenants respecting rates,   (g) to pay all other reasonable and necessary expenses of the  authority   and  the  water board in relation thereto, and (h) to pay or provide for   such other purposes or projects as the water board considers appropriate   and in the public interest.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.   Subject to any agreements made by the water board in connection with the   issuance  of  any  bonds  of  the  authority, 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.3.  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   agreements. 4. No fee, rate 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 system, the owners of property served or to be served and   other interested persons have had an opportunity to be heard  concerning   the  same. Notice of such public hearing shall be published by the water   board not less than ten nor more than twenty days before  the  date  set   therefor  in a newspaper or newspapers having general circulation in the   service area, as shall be designated by the  water  board.  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   secretary of the water board and shall be available  for  inspection  by   the  public.  At  all  such hearings, any users of the 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 secretary of the water board for public  inspection.  Such   decision  shall  be  published  in  a  newspaper  or newspapers having a   general circulation in the service area as shall be  designated  by  the   water  board not later than thirty days after such decision is made. The   fees, rates 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.5. The fees, rates 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.6.  Such  fees,  rates  or  other charges, if not paid when due, shall   constitute a lien upon the premises served  and  a  charge  against  the   owners  or  users  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 or municipality in the service area  shall  be   subject  to  the same fees, rates, rents or other charges under the same   conditions as other users of the system.  All  rights,  powers,  duties,   obligations  and functions provided by law with respect to the fixing of   charges or rates for the supply of  water,  wastewater  or  storm  water   services  to  users  outside  the  city,  shall  be  deemed to apply, as   appropriate, to the water board established pursuant to this title.7. 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, the  city,  and  any  municipality   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 system facility.8.  If  there  be any default by the water board, in the making of the   payments to the authority required under this title, as a result of  the   failure  by  the  water  board to impose sufficient fees, rates 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 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 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.9.  The  water  board  shall  prepare  and  transmit  to  the  city or   municipality in the service area of the water board, on  or  before  the   first  day of December in each year, a list of those persons or property   owners within the city or such municipality who are in  arrears  in  the   payment  of  fees, rates, 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 applicable penalties   and interest. The city or such municipality shall levy or  cause  to  be   levied  such  sums  against  the  properties  liable and shall state the   amount thereof in a separate column in the  annual  tax  rolls  of  such   municipality  under the name of "delinquent water or wastewater or storm   water charges, if any". Such amounts, as and when collected by the  city   or  such municipality, 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 an applicable municipality shall apply to   the collection of such unpaid fees, rates or other charges. In the event   that the enforcement of unpaid taxes, including unpaid delinquent  water   board  charges,  does  not  yield  moneys  sufficient to pay in full all   unpaid taxes including unpaid delinquent water board charges, the amount   of unpaid water board charges to be paid to the  water  board  shall  be   prorated.10.  The public service commission shall have no jurisdiction over the   water board or the authority with respect to the regulation of the fees,   rates or other charges established, fixed or revised by the water  board   except  as  provided by law with respect to the supply of water to users   outside the city or the service area.