NY Pub Auth L § 1230-I (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 10-B - Niagara Falls Public Water Authority 1230-I - Agreements Among the Water Board, the City, Municipalities and the Authority for the Provision of Projects.

§  1230-i.  Agreements among the water board, the city, municipalities and the authority for the provision of projects. 1. The  authority,  the water  board,  the city, any municipality and any other person may enter into agreements for the purpose of providing for  the  construction  and financing of a project.   2.  Any  such  agreements: (a) shall describe in sufficient detail for reasonable identification the particular project or groups  of  projects to  be financed in whole or in part by the authority, (b) shall describe the plan for the financing of the  cost  of  the  construction  of  such project, including the amount, if any, to be provided by the water board and  the  source  or  sources thereof, (c) shall set forth the method by which and by whom  and  the  terms  and  conditions  upon  which  moneys provided  by  the  authority shall be disbursed, (d) may require, in the discretion of the  authority,  the  payment  to  the  authority  of  the proceeds  of  any state and federal grants available to the water board, (e) shall provide for the establishment of user fees,  rates  and  other charges  and  the charging and collection thereof by the water board for the use of, or services furnished, rendered or made  available  by  such project  such  as  to  provide  that the water board receive revenues at least sufficient, together with other revenues of the  water  board,  if any,  to  meet  the  requirements of this title, (f) may provide for the transfer by the city, any state agency, or by any  municipality  to  the water  board pursuant to this title of ownership of any project, (g) may provide for the construction and completion of such project by the city, any municipality or the water board and for the  management,  operation, maintenance  and  repair thereof, as an integrated part of the system of which such project forms a part, subject to such terms  and  conditions, not  inconsistent  with  this title, which may be in the public interest and necessary or desirable properly and adequately to secure the holders of bonds of the authority, (h) shall provide for the  discontinuance  or disconnection  of  the  supply of water for nonpayment of fees, rates 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  the  public  service  law,  and  (i) shall,  in  the  discretion of the authority, require reports concerning the project from the water board to the authority and any municipality.   3. If the  city  executes  an  agreement  pursuant  to  this  section, relating  to  the  financing of projects by revenue bonds, it shall have and shall be deemed to have annulled its power to levy user fees,  rents and  other charges on participating properties or customers for the cost of  financing,  operating  and  maintaining  such  projects  under   its jurisdiction  until  all  bonds of the authority shall have been paid or discharged in accordance with the agreement and the  resolution  of  the authority  authorizing  such  bonds. If the city has outstanding general obligation bonds issued for acquiring or constructing system facilities, whether the bonds are payable from  revenues,  special  assessments,  or taxes, it may authorize the authority pursuant to the agreement to issue its  revenue  bonds  under  this  title  for the purpose of retiring the outstanding bonds.   4. No such agreement shall be executed until  the  water  board  shall have  held a public hearing at which users of the project shall have had opportunity to be heard  concerning  the  proposed  provisions  thereof. Notice  of  such  hearing  shall be published not less than ten nor more than twenty days in advance  in  a  newspaper  or  newspapers  having  a general  circulation  in  the  service  area  as designated by the water board.    5. Such  agreement  shall  be  effective  upon  the  issuance  by  the authority  of  bonds to finance the cost of constructing projects of the city, any municipality or the water board.   6.  Any  such  agreement  may  be  amended,  revised  or  extended  by supplemental agreements authorized and executed in the  same  manner  as the  original  agreement,  provided that any such supplemental agreement shall not be inconsistent with the provisions of this title.   7. (a) Following the execution of the initial agreement by and between the authority, the water board, the  city,  any  state  agency  and  any municipality  pursuant to this section, the secretary of the water board shall, and following the execution of any subsequent  agreement  by  and between  the  authority,  the  water  board,  any  state agency, and any municipality pursuant to this section, publish a notice in substantially the following form:       "Notice is hereby given that  (here  insert  the  parties  to  the       agreement)  (has)  (have) on the         day of            entered       into an agreement with the Niagara Falls Public Water Authority in       relation to the construction and financing of (here insert a brief       description of the project or facility  to  which  such  agreement       relates)  pursuant to the Niagara Falls Public Water Authority act       for the purpose of placing its facilities on an independent basis,       imposing fees and rates on  system  users,  which,  together  with       other revenues available for such purposes, if any, are sufficient       to  pay  to  the  authority  debt  service  on bonds issued by the       authority pursuant to the agreement and for management, operation,       repair  and  maintenance  of  the  facility  (title  to  which  is       transferred  to  the  water board pursuant to the agreement). Such       agreement in general terms provides (here insert a  brief  summary       of  the  substantive  provisions of such agreement). A copy of the       complete agreement is on file for public inspection in the  office       of the secretary of the water board where the same may be examined       by  any  interested  person  during  regular  business  hours. The       validity of the agreement may be hereafter contested only upon the       ground or grounds  that:  (i)  such  agreement  violates,  or  the       performance  of  any  provision thereof by any party thereto would       violate, the provisions of the  state  constitution  or  (ii)  the       provisions  of  law  which  should  have  been  complied  with, in       relation to the  authorization  and  execution  thereof  were  not       substantially  complied with, and an action, suit or proceeding is       commenced within sixty days after the date of this notice."  (b) The publication authorized by  this  subdivision  shall  be  in  a newspaper or newspapers having a general circulation in the service area as designated by the water board.  (c)  After  the  expiration  of the sixty day period set forth in such notice, the validity of such agreement shall  be  conclusively  presumed and  the validity thereof shall not thereafter be questioned by either a party  plaintiff  or  a  party  defendant  and  no  court   shall   have jurisdiction in any action, suit or proceeding contesting such validity.  (d)  Neither  any  error  nor  omission  in  the notice of publication provided for in this subdivision shall affect or impair the validity  of an  agreement  executed  pursuant  to this section so long as the notice substantially conforms to the provisions of this section.