NY Pub Auth L § 1115-G (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 6 - Albany Municipal Water Finance Authority 1115-G - Transfer of Sewerage or Water Systems by the City to the Water Board.

§  1115-g.  Transfer  of  sewerage or water systems by the city to the   water board. 1. The city may, 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 sewerage system or water system, or both, 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  or  systems  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 the water board with respect to the power of the water board to sell   or otherwise dispose  of  any  property  acquired  by  the  water  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,  any  real  property  owned by the city   outside its municipal boundaries for the purposes of  the  water  system   including  all  water  facilities  which  are  subject  to real property   taxation under city ownership shall  remain  subject  to  real  property   taxation  as  provided  in section one thousand one hundred fifteen-j of   this title upon transfer and conveyance to the water  board  as  if  the   city   remained  the  record  owner  of  such  water  system  and  water   facilities.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 comtemplated 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 sewerage system or water system,  or  both,   of the city thereby transferred.7.  Any  application  filed  or  proceeding  heretofore  commenced  in   relation to the sewerage system or water system, or both, 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 or the provision   of sewerage service, or both, as the case may be, by  the  city  or  the   water  board  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  or  the provision of sewerage   service, or both, as the case may be, 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 ninety  days  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  of  the  city to hear and determine, subject to the provisions of   the civil practice law and  rules,  any  violation  of  such  rules  and   regulations.