2023 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.