2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 10-B - Niagara Falls Public Water Authority › 1230-K - Appropriations for Purposes of the Water Board or the Authority; Transfer of Property to the Water Board or Authority; Acquisition of Property by The

§  1230-k.  Appropriations  for  purposes  of  the  water board or the
  authority; transfer  of  property  to  the  water  board  or  authority;
  acquisition  of  property by the city or municipality for the authority;
  contracts with the city or any  municipality.  1.  In  addition  to  any
  powers granted to it by law, the city or any municipality may, from time
  to  time, appropriate by resolution sums of money for purposes of either
  the water board or the authority to defray project costs  or  any  other
  costs  and expenses of either the water board or the authority or to pay
  amounts payable or anticipated to be payable to either the  water  board
  or  the  authority  pursuant  to any agreement authorized by this title.
  Subject to the rights of bondholders, the city, or such municipality may
  determine if the moneys so appropriated shall be subject to repayment by
  either the water board or the authority and, in such event,  the  manner
  and time or times for such repayment.
2.  The  city,  any  state agency or any municipality may give, grant,
  sell, convey, loan or license the use of or lease to  either  the  water
  board  or to the authority any properties which are useful to either the
  water board or the authority in order to carry out  their  powers  under
  this  title.  Any  such  transfer of property shall be for such term and
  upon such terms and conditions, subject to the rights of the holders  of
  any bonds, as the water board, the authority, such state agency and such
  municipality  may agree, including provision for the authority to assume
  the primary responsibility for the payment of any bonds or notes  issued
  by the city, such state agency or such municipality for such properties.
3.  Notwithstanding  the provisions of any other law, general, special
  or local to the contrary, real property acquired  by  either  the  water
  board,  the  authority  or  any  municipality  from the state or a state
  agency may be used for any corporate purpose of either the  water  board
  or the authority.
4.  Any  municipality,  state  agency,  the  water  board  and/or  the
  authority shall have the power to contract, from time to  time,  between
  or  among  themselves,  or  with  any  other  person, in relation to the
  purchase,  sale,  production,  accumulation,  supply,  transmission,  or
  treatment  of  water,  or  the  provision  of  wastewater or storm water
  services and/or the construction,  use,  sale  and/or  leasing,  of  any
  system  facility  of the water board, which contracts may include any or
  all of the following provisions:  (a)  requiring  the  purchase  by  any
  municipality  of  specified  amounts of water, wastewater or storm water
  services; (b)  requiring  the  use  by  any  municipality  of  a  system
  facility;  (c)  limiting  the  right,  including  a  prohibition, of any
  municipality to construct a facility  which  will  serve  the  same,  or
  substantially  the same, function as a system facility constructed or to
  be constructed by the water board; (d)  requiring  the  water  board  to
  reserve  capacity  in  any system facility to assure the availability to
  any municipality of a specified amount of use of  any  system  facility;
  (e)  providing  for  specified  minimum periodic payments whether or not
  water, wastewater or storm water services are actually taken  and  used,
  or  such  system facility is actually used, subject to such limitations,
  exceptions and provisions therein, and (f) requiring any municipality to
  pay to the water board such amounts as shall be necessary to assure  the
  continued  operation  of  the  water board.   All such payments shall be
  determined and paid in such manner and at such times as may be  provided
  in such contracts.
5.   No  gift,  grant,  sale,  conveyance,  loan,  contract  or  lease
  authorized by this section shall be subject to referendum, permissive or
  otherwise.
6. Any agreement for the supply of water services, wastewater services
  or storm water services between the city or an agency  thereof  and  any

  other  municipality or state agency, or any administrative determination
  by a state agency, or any other arrangement in this regard, in effect at
  the time the water board shall be  established,  shall  remain  in  full
  force  and  effect  and  be binding upon the water board as if it were a
  party to such agreement, determination or other arrangement.
7. (a) Notwithstanding any other provision of this title, neither  the
  authority  nor the water board shall supply, or enter into any agreement
  to supply water to any municipality  within  the  Niagara  county  water
  district,  or  any person or entity within the boundaries of the Niagara
  county water district without the consent and approval by resolution  of
  a  majority  of  the  members  of  the  Niagara  county  water  district
  administrative board; (b) that nothing contained  in  paragraph  (a)  of
  this  subdivision, or elsewhere in this title shall affect in any manner
  either the existing rights of the city, or such rights  assumed  by  the
  authority  or  the  water  board,  or  the  existing rights of any other
  municipality  with  respect  to  those  persons  or  entities  presently
  receiving water from the city.