NY Pub Auth L § 1230-K (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 10-B - Niagara Falls Public Water Authority 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

§  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.