2023 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.