NY Pub Auth L § 1048-H (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 2-B - Buffalo Municipal Water Finance Authority 1048-H - Transfer of Water Systems by the City to the Water Board.

§ 1048-h. Transfer of water systems by the city to the water board. 1.   The  city  may,  acting by resolution of the common council of the city,   enter into an agreement with the water board for  the  transfer  to  the   water  board,  for  use  in  the  exercise  of  its corporate powers and   purposes, of the water system of the city as  the  same  then  shall  be   owned  by  the  city. Any such agreement may provide for the transfer of   title of such system by deed, lease or other arrangement  to  the  water   board.  To  the  extent  not  inconsistent  with  this  title,  any such   agreement may impose such limitations or conditions  as  may  be  agreed   upon  by  and between the city and water board with respect to the power   of the water board to sell or otherwise dispose of any property acquired   by the board  pursuant  to  such  agreement,  and  may  provide  for  or   authorize  the  water board to surrender to the city, property no longer   required by the water board for its public  purposes.    Notwithstanding   the  provisions  of  any general, special or local law or charter to the   contrary, any action taken by the  city  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   which it is contemplated are to be paid by the water board  from  moneys   available to it; provided, however, that such agreement does not require   the water board to assume the liabilities of the city; provided further,   notwithstanding  the foregoing, the city shall continue to be the record   owner for real estate tax purposes of any facilities located outside  of   its municipal boundaries. Notwithstanding the provisions of any general,   special  or local law or charter to the contrary, any moneys received by   the city in consideration for the transfer of such water system  to  the   water  board  may  be deposited in the general fund of the city and used   for any lawful city purpose.3. Any such agreement may provide for the payment by the city  to  the   water  board  from  any  funds  of  the  city,  of such amount as may be   determined appropriate for use by the water board.4. The city and the water board 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 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  water  system  of  the  city   thereby   transferred.7.  Any  application  filed  or  proceeding  heretofore  commenced  in   relation to the water 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 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   to  the water board unless such assignment and transfer is prohibited by   federal law.8.  The  rules  and regulations of the water board may provide for the   discontinuance or disconnection of the supply of water by the  city  for   non-payment  of  fees, rates, rents or other charges therefor imposed by   the water board, provided 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  waterworks  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.  A  copy  of  all   by-laws, rules and regulations and amendments thereto, duly certified by   the  secretary  of the water board, shall be filed in the offices of the   clerk of the city and the secretary of state  within  three  months  and   thereafter  published  once  in  the  official  newspaper  of  the city.   Violation of such rules and  regulations  shall  subject  the  offending   party  to  a  civil penalty in an action brought by the water board, not   exceeding one hundred dollars for  each  day  the  violation  continues.   Jurisdiction  is  hereby  conferred  upon  the  city  court  to hear and   determine, subject to the provisions  of  the  civil  practice  law  and   rules, any violation of such rules and regulations.