reglab/statecodes huggingface dataset:
2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 5 - Monroe County Water Authority › 1104 - Bonds and Notes Legal Investments for Fiduciaries.

§  1104.  Bonds and notes legal investments for fiduciaries. The bonds
  or notes are hereby made securities in which  all  public  officers  and
  bodies  of this state and all municipalities and municipal subdivisions,
  all insurance companies and associations and other persons  carrying  on
  an  insurance  business,  all  banks,  bankers, trust companies, savings
  banks and savings associations, including savings and loan associations,
  building and loan associations, investment companies and  other  persons
  carrying on a banking business, and all other persons whatsoever, except
  as  hereinafter  provided, who are now or may hereafter be authorized to
  invest in bonds or other obligations of  the  state,  may  properly  and
  legally  invest funds including capital in their control or belonging to
  them; provided that, notwithstanding the provisions of any other general
  or special law to the  contrary,  such  bonds  or  notes  shall  not  be
  eligible  for  the  investment  of  funds  including capital, of trusts,
  estates or guardianships under the control of individual administrators,
  guardians, executors, trustees and  other  individual  fiduciaries.  The
  bonds  or  notes  are also hereby made securities which may be deposited
  with and may be received by all public officers and bodies of this state
  and all municipalities and municipal subdivisions for  any  purpose  for
  which  the deposit of bonds or other obligations of this state is now or
  may hereafter be authorized.
2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 5 - Monroe County Water Authority › 1105 - Exemption From Taxes.

§  1105.  Exemption  from taxes.   1. It is hereby determined that the
  creation of the authority and the carrying out of its corporate purposes
  is in all respects for the benefit of the people of the county of Monroe
  and its environments, and is a public purpose, and the  authority  shall
  be regarded as performing a governmental function in the exercise of the
  powers  conferred upon it by this title and shall not be required to pay
  any taxes, special ad valorem levies or  special  assessments  upon  any
  property  owned  by it or under its jurisdiction, control or supervision
  or upon its activities, or any filing, recording or  transfer  taxes  in
  relation  to  instruments filed, recorded or transferred by it or on its
  behalf.
2. Any bonds or notes issued pursuant to this title, together with the
  income therefrom shall be exempt from taxation, except for transfer  and
  estate  taxes.  The  revenues,  monies  and  other  properties  and  the
  activities of the authority shall be exempt from taxes and  governmental
  fees  or  charges,  whether  imposed  by  the state or any municipality,
  including real estate taxes, franchise taxes or other excise taxes.
3. Notwithstanding any other provisions of this chapter, the authority
  may make  payments  in  lieu  of  taxes  to  municipalities  and  school
  districts   on   any  property  of  the  authority  located  within  the
  jurisdiction of such municipality or school  district.  The  amounts  of
  such  payments in lieu of taxes shall be as determined by the authority,
  provided, however, that the sum paid by the authority for any year shall
  in no case exceed the sum last levied  by  the  municipality  or  school
  district  as an annual tax upon the property prior to its acquisition by
  the authority.
2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 5 - Monroe County Water Authority › 1106 - Tax Contract by the State.

§  1106.  Tax  contract  by the state. The state of New York covenants
  with the purchasers and with all subsequent holders and  transferees  of
  bonds  or  notes  issued  by  the  authority  pursuant to this title, in
  consideration of the acceptance of and payment for the  bonds  or  notes
  that  the bonds and notes of the authority issued pursuant to this title
  and the income therefrom, and all moneys, funds and revenues pledged  to
  pay  or secure the payment of such bonds or notes, shall at all times be
  free from taxation except for transfer and estate taxes.
2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 5 - Monroe County Water Authority › 1107 - Officers and Employees Not to Be Interested in Transactions.

§  1107.  Officers and employees not to be interested in transactions.
  It shall be a misdemeanor for any of the members of  the  authority,  or
  any  officer,  agent, servant or employee thereof, employed or appointed
  by them to be in any way or manner interested directly or indirectly  in
  the furnishing of work, materials, supplies or labor, or in any contract
  therefor which the authority is empowered by this title to make.
2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 5 - Monroe County Water Authority › 1109 - Actions.

§  1109.  Actions.  1. In any case founded upon tort a notice of claim
  shall be required as a condition precedent to  the  commencement  of  an
  action  or  special  proceeding  against  the  authority or any officer,
  appointee or employee thereof, and the provisions of section fifty-e  of
  the general municipal law shall govern the giving of such notice. Except
  in  an  action  for  wrongful death, an action against the authority for
  damages  for  injuries  to  real  or  personal  property,  or  for   the
  destruction  thereof,  or  for  personal  injuries, alleged to have been
  sustained, shall not be commenced more than one  year  and  ninety  days
  after the cause of action therefor shall have accrued.
2.  An  action  against  the  authority  for  wrongful  death shall be
  commenced in accordance with the notice of  claim  and  time  limitation
  provisions of title eleven of article nine of this chapter.
2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 5 - Monroe County Water Authority › 1110 - Audit of Authority; Annual Report.

§  1110.  Audit  of  authority;  annual report. In conformity with the
  provisions of section five of  article  ten  of  the  constitution,  the
  accounts  of  the  authority  shall be subject to the supervision of the
  state comptroller and such state comptroller and his legally  authorized
  representatives are hereby authorized and empowered from time to time to
  examine  the  accounts  and  the  books  of the authority, including its
  receipts, disbursements, contracts, leases, sinking  funds,  investments
  and  any other matters relating to its financial standing. The authority
  shall annually submit to the governor and to the legislature a  detailed
  report  pursuant  to  the  provisions of section twenty-eight hundred of
  this chapter.
2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 5 - Monroe County Water Authority › 1111 - Limitation of Liability.

§ 1111. Limitation of liability. Neither the members of the authority,
  nor  any person or persons acting in its behalf, while acting within the
  scope of their authority, shall be subject  to  any  personal  liability
  resulting  from  the erection, construction, reconstruction, maintenance
  or operation of the properties  or  any  of  the  improvements  or  from
  carrying out any of the powers expressly given in this title.
2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 5 - Monroe County Water Authority › 1112 - Title Not Affected if in Part Unconstitutional or Ineffective.

§ 1112. Title not affected if in part unconstitutional or ineffective.
  If  any  section,  clause  or  provision  of  this  title  shall be held
  unconstitutional, or be ineffective in whole or in part, to  the  extent
  that  it  is not unconstitutional, or ineffective, it shall be valid and
  effective and no other section, clause or provision  shall,  on  account
  thereof, be deemed invalid or ineffective.
2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 5 - Monroe County Water Authority › 1113 - Effect of Inconsistent Provisions.

§ 1113. Effect of inconsistent provisions. In so far as the provisions
  of  this  title  are  inconsistent with the provisions of any other act,
  general or special, or of any local law of any city, the  provisions  of
  this  title  shall be controlling. Nothing contained in this title shall
  be held to  alter  or  abridge  the  powers  and  duties  of  the  state
  department  of  health or of the water power and control commission over
  water supply matters.
2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 5-A - South Nassau Water Authority › 1114-C - South Nassau Water Authority District.

* § 1114-c. South  Nassau water authority district. 1. There is hereby
  created a district to be known as  the  "South  Nassau  water  authority
  district"  which  shall  be defined as all that portion of Nassau county
  being serviced by the New York American water service corporation as its
  Long Island Water operations district as of the effective date  of  this
  title,  and  lying  south  of the area serviced by the Town of Hempstead
  Department of Water.
* NB There are 2 § 1114-c's
2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 5-A - South Nassau Water Authority › 1114-F - Transfer of Officers and Employees.

* § 1114-f. Transfer  of officers and employees. Any public officer or
  employee under civil service, selected by the authority  may,  with  the
  consent of the commission, board, department or municipality by which he
  or  she  has been employed, be transferred to the authority and shall be
  eligible for  such  transfer  and  appointment  without  examination  to
  comparable  offices,  positions  and employment under the authority. The
  salary or compensation of any such officer or employee shall after  such
  transfer be paid by the authority, but notwithstanding the provisions of
  this  title,  any  such  officers  or  employees  so  transferred to the
  authority, pursuant to the provisions of this section, who  are  members
  of  or  beneficiaries  under  any existing pension or retirement system,
  shall continue to have all rights, privileges,  obligations  and  status
  with  respect  to  such  fund system or systems as are now prescribed by
  law, but during the period of their employment  by  the  authority,  all
  contributions  to any pension or retirement fund or system to be paid by
  the employer on account of such officers and employees, shall be paid by
  the authority; and  all  such  officers  and  employees  who  have  been
  appointed  to positions under the rules and classifications of the civil
  service commission shall have the same status with respect thereto after
  transfer to the authority as they had under their original appointments.
  The appointment and promotion of all employees of the authority shall be
  made in accordance with the provisions of the civil service law and such
  rules as the civil service commission may adopt and make  applicable  to
  the authority.
* NB There are 2 § 1114-f's
2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 5-A - South Nassau Water Authority › 1114-H - Remedies of Bondholders.

* § 1114-h. Remedies   of  bondholders.  1.  In  the  event  that  the
authority shall default in the payment of principal of  or  interest  on
any  issue  of  the  bonds  after  the same shall become due, whether at
maturity or upon call for redemption, and such  default  shall  continue
for  a  period  of thirty days, or in the event that the authority shall
fail or refuse to comply with the provisions of  this  title,  or  shall
default  in  any  agreement  made  with  the holders of any issue of the
bonds, the holders of twenty-five  per  centum  in  aggregate  principal
amount  of  the  bonds  of such issue then outstanding, by instrument or
instruments filed in the office of the clerk of  the  applicable  county
and  proved or acknowledged in the same manner as a deed to be recorded,
may appoint a trustee to represent the holders of  such  bonds  for  the
purposes herein provided.
2.  Such  trustee  may,  and  upon  written  request of the holders of
twenty-five per centum in principal amount  of  such  bonds  outstanding
shall, in his or her own name:
(a)  by action or proceeding in accordance with the civil practice law
and rules, enforce  all  rights  of  the  bondholders  and  require  the
authority  to  carry  out  any other agreements with the holders of such
bonds and to perform its duties under this title;
(b) bring an action or proceeding upon such bonds;
(c) by action or proceeding, require the authority to account as if it
were the trustee of an express trust for the holders of such bonds;
(d) by action or proceeding, enjoin any acts or things  which  may  be
unlawful or in violation of the rights of the holders of such bonds; and
(e)  declare all such bonds due and payable, and if all defaults shall
be made good, then with the consent of the holders  of  twenty-five  per
centum  of  the  principal  amount of such bonds then outstanding, annul
such declaration and its consequences.
3. Such trustee shall in addition to the foregoing  have  and  possess
all  of  the  powers  necessary  or  appropriate for the exercise of any
functions specifically set forth herein or  incidental  to  the  general
representation of bondholders in the enforcement and protection of their
rights.
4.  The state supreme court, county of Nassau and the state shall have
jurisdiction of any action or proceeding by the  trustee  on  behalf  of
such bondholders.
5.  Before  declaring  the  principal  of  bonds  due and payable, the
trustee  shall  first  give  thirty  days'  notice  in  writing  to  the
authority.
* NB There are 2 § 1114-h's
2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 5-A - South Nassau Water Authority › 1114-I - State and Municipalities Not Liable on Authority Bonds.

* § 1114-i. State  and  municipalities  not liable on authority bonds.
  Neither the state nor any municipality shall be liable on the  bonds  of
  the  authority and such bonds shall not be a debt of the state or of any
  municipality.
* NB There are 2 § 1114-i's
2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 5-A - South Nassau Water Authority › 1114-J - Moneys of the Authority.

* § 1114-j. Moneys  of the authority. All moneys of the authority from
  whatever source derived shall be paid to  the  treasurer  and  shall  be
  deposited  forthwith  in one or more banks and/or trust companies in the
  state designated by the authority. The moneys in such accounts shall  be
  paid  out on checks of the treasurer upon requisition by the chairperson
  of the authority or of such other officer or officers as  the  authority
  may  authorize  to  make  such requisitions. All deposits of such moneys
  shall be secured by obligations of or guaranteed by the United States of
  America or of the state of a market value equal  at  all  times  to  the
  amount  on  deposit  and all banks and trust companies are authorized to
  give such security for such deposits. Any moneys of  the  authority  not
  required for immediate use or disbursement may, at the discretion of the
  authority,  be  invested  in those obligations specified pursuant to the
  provisions of section ninety-eight-a  of  the  state  finance  law.  The
  authority  shall  have  power,  notwithstanding  the  provisions of this
  section, to contract with the holders of any bonds as  to  the  custody,
  collection,  security,  investment  and  payment  of  any  moneys of the
  authority or any moneys held in trust or otherwise for  the  payment  of
  bonds  or  in any way to secure bonds. Moneys held in trust or otherwise
  for the payment of bonds or in any way to secure bonds and  deposits  of
  such moneys may be secured in the same manner as moneys of the authority
  and  all  banks and trust companies are authorized to give such security
  for such deposits.
* NB There are 2 § 1114-j's
2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 5-A - South Nassau Water Authority › 1114-K - Bonds; Legal Investments for Fiduciaries.

* § 1114-k. Bonds; legal investments for fiduciaries. The bonds of the
  authority  are  hereby made securities in which all public officials and
  bodies of the state and all municipalities, all insurance companies  and
  associations  and  other  persons carrying on an insurance business, all
  banks, bankers, trust companies, savings banks and savings associations,
  including savings and loan associations, investment companies and  other
  persons  carrying  on a banking business, and administrators, guardians,
  executors,  trustees  and  other  fiduciaries  and  all  other   persons
  whatsoever,  who  are  now  or  may hereafter be authorized to invest in
  bonds or other obligations of the state, may properly and legally invest
  funds including capital in their control or belonging to them. The bonds
  are also hereby made securities which may be deposited with and  may  be
  received  by  all  public  officers  and  bodies  of  the  state and all
  municipalities for any purposes for which the deposit of bonds or  other
  obligations of the state is now or hereafter may be authorized.
* NB There are 2 § 1114-k's
2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 5-A - South Nassau Water Authority › 1114-L - Agreement With the State.

* § 1114-l. Agreement  with the state. The state does hereby pledge to
  and agree with the holders of any bonds issued by the authority pursuant
  to this title that the state will not alter or limit the  rights  hereby
  vested  in the authority to fulfill the terms of any agreement made with
  or for the benefit of the holders of bonds or  in  any  way  impair  the
  rights  and  remedies  of  bondholders until the bonds together with the
  interest thereon, with interest on any unpaid installments of  interest,
  and  all  costs and expenses in connection with any action or proceeding
  by or on behalf of such holders,  are  fully  met  and  discharged.  The
  authority  is  authorized  to  include  this pledge and agreement of the
  state in any agreement with bondholders.
* NB There are 2 § 1114-l's
2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 5-A - South Nassau Water Authority › 1114-M - Exemption From Taxes, Assessments and Certain Fees; Payments in Lieu of Taxes.

* § 1114-m. Exemption   from  taxes,  assessments  and  certain  fees;
  payments in lieu of taxes. 1. It is hereby determined that the  creation
  of  the  authority  and the carrying out of its corporate purposes is in
  all respects for the benefit of the people of the state and is a  public
  purpose,   and   the   authority  shall  be  regarded  as  performing  a
  governmental function in the exercise of the powers conferred upon it by
  this title and shall not be  required  to  pay  any  taxes,  special  ad
  valorem levies or special assessments upon any real property owned by it
  or  any  filing,  recording  or  transfer  fees  or taxes in relation to
  instruments filed, recorded or transferred by it or on its behalf.
2. The authority may pay,  or  may  enter  into  agreements  with  any
  municipality  to  pay, a sum or sums annually or otherwise or to provide
  other considerations to such municipality with respect to real  property
  owned by the authority located within such municipality and constituting
  a part of its water system.
3.  Any  bonds  issued pursuant to this title together with the income
  therefrom shall be exempt from taxation except for transfer  and  estate
  taxes. The revenues, moneys and all other property and all activities of
  the  authority  shall  be exempt from all taxes and governmental fees or
  charges, whether imposed by the state  or  any  municipality,  including
  without  limitation  real  estate  taxes, income taxes, franchise taxes,
  sales taxes or other excise taxes.
4. The state  hereby  covenants  with  the  purchasers  and  with  all
  subsequent  holders  and  transferees  of  bonds issued by the authority
  pursuant to this title,  in  consideration  of  the  acceptance  of  and
  payment  for  the bonds, that the bonds of the authority issued pursuant
  to this title and  the  income  therefrom  shall  be  exempt  from  such
  taxation,  as  stated in subdivision three of this section, and that all
  revenues, moneys, and other property pledged to secure  the  payment  of
  such  bonds shall at all times be free from such taxes as stated in such
  subdivision.
5. Notwithstanding the provisions of subdivisions one, two, three  and
  four  of  this  section,  nothing  herein  shall  prevent the state from
  assessing a tax or surcharge against the water customers based on  their
  water consumption, provided, however, that all such taxes and surcharges
  and  the  authority's  obligation  to  collect  and  pay  such taxes and
  surcharges shall be subordinate to the rights of holders of all  of  the
  authority's bonds and notes and to the payment of principal, premiums if
  any, and interest thereon.
* NB There are 2 § 1114-m's
2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 5-A - South Nassau Water Authority › 1114-N - Actions Against the Authority.

* § 1114-n. Actions  against the authority. 1. Except in an action for
wrongful  death,  no  action  or  proceeding  shall  be  prosecuted   or
maintained  against  the authority for personal injury or damage to real
or personal property alleged to have been sustained  by  reason  of  the
negligence  or  wrongful  act  of  the authority or any member, officer,
agent or employee thereof, unless:
(a) a notice of claim  shall  have  been  made  and  served  upon  the
authority  within  the  time  limit  by  and  in compliance with section
fifty-e of the general municipal law;
(b) it shall appear by and as an allegation in the complaint or moving
papers that at least thirty days have elapsed since the service of  such
notice  and  that  adjustment  or  payment thereof has been neglected or
refused;
(c) the action or proceeding shall be commenced within  one  year  and
ninety  days  after  the  happening of the event upon which the claim is
based; and
(d) An action against  the  authority  for  wrongful  death  shall  be
commenced  in  accordance  with  the notice of claim and time limitation
provisions of title eleven of article nine of this chapter.
2. Wherever a notice of claim is served upon the authority,  it  shall
have  the right to demand an examination of the claimant relative to the
occurrence and extent of the injuries or  damages  for  which  claim  is
made,  in  accordance  with  the  provisions  of  section fifty-h of the
general municipal law.
3. The authority may require any person presenting for  settlement  an
account  or  claim  for any cause whatsoever against the authority to be
sworn before a member, counsel, or  an  attorney,  officer  or  employee
thereof  designated  for  such purpose, concerning such account or claim
and when so sworn, to answer orally as to any  facts  relative  to  such
account or claim. The authority shall have power to settle or adjust all
claims in favor of or against the authority.
4.  The  rate  of  interest to be paid by the authority or water board
upon any judgment for which it is liable, other than a judgment  against
the  authority  on  its  bonds, shall not exceed the rate of interest on
judgments and accrued claims against municipal corporations as  provided
in  the general municipal law from time to time. Interest on payments of
principal or interest on any bonds in default shall accrue at  the  rate
borne  by  such  bonds  from  the  date  thereof until paid or otherwise
satisfied.
* NB There are 2 § 1114-n's
2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 5-A - South Nassau Water Authority › 1114-O - Conflicts of Interest of Members of the Board of Directors and Officers and Employees of the Authority.

* § 1114-o. Conflicts of interest of members of the board of directors
  and  officers  and employees of the authority. No member of the board of
  directors or officer  or  employee  of  the  authority  shall  have  any
  interest  in  any  contract,  or  take  any  action or otherwise involve
  himself or herself in any activity which, pursuant to  article  eighteen
  of the general municipal law, would be deemed a conflict of interest for
  a  municipal  officer or employee holding a position with a municipality
  similar to the position held by the member, officer or employee with the
  authority.
* NB There are 2 § 1114-o's
2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 5-A - South Nassau Water Authority › 1114-P - Construction and Purchase Contracts.

* § 1114-p. Construction  and  purchase contracts. The authority shall
  let contracts for construction or purchase of  supplies,  materials,  or
  equipment pursuant to section one hundred three of the general municipal
  law.  Nothing  in  this section shall be construed to limit the power of
  the authority to do any construction directly by  the  officers,  agents
  and employees of the authority or to contract with a public utility, for
  a  term not to exceed five years, for the operation and maintenance of a
  water supply system acquired from said public utility.
* NB There are 2 § 1114-p's
2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 5-A - South Nassau Water Authority › 1114-Q - Separability Clause.

* § 1114-q. Separability  clause.  If any section, clause or provision
  in this title shall be held by a competent court to be  unconstitutional
  or  ineffective  in  whole  or  in  part,  to  the extent that it is not
  unconstitutional or ineffective, it shall be valid and effective, and no
  other section, clause or provision shall on account  thereof  be  deemed
  invalid or ineffective.
* NB There are 2 § 1114-q's
2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 5-A - South Nassau Water Authority › 1114-R - Effect of Inconsistent Provisions.

* § 1114-r. Effect   of   inconsistent   provisions.  Insofar  as  the
  provisions of this title are inconsistent with  the  provisions  of  any
  other  law,  general,  special  or local, or of any charter or any local
  ordinance or resolution of any  municipality,  the  provisions  of  this
  title  shall  be  controlling,  provided  that nothing contained in this
  title shall be held to supplement or  otherwise  expand  the  powers  or
  duties  of  the  authority  otherwise  set  forth in this title. Nothing
  contained in this title shall be held to alter or abridge the powers and
  duties of the department of environmental conservation or the department
  of health.
* NB There are 2 § 1114-r's
2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 5-A - South Nassau Water Authority › 1114-S - Acquisition by Eminent Domain.

* § 1114-s. Acquisition   by   eminent   domain.  Notwithstanding  any
  provision of the eminent domain procedure law to the  contrary,  in  any
  proceeding  brought  by  the authority pursuant to said law, title shall
  vest in the authority and compensation shall be paid only:
1. upon a decision by the supreme  court  that  compensation  for  the
  property   so  condemned  shall  be  determined  solely  by  the  income
  capitalization method of valuation, based on the actual  net  income  as
  allowed by the public service commission; and
2. upon such court's determination of the amount of such compensation,
  based  upon  the  income  capitalization  method,  entry  of  the  final
  judgment, the filing of the final decree,  and  the  conclusion  of  any
  appeal  or  expiration  of  the  time  to  file an appeal related to the
  condemnation proceeding. Should any court determine  that  a  method  of
  compensation other than the income capitalization method be utilized, or
  if  the proposed award is more than the rate base of the assets taken in
  condemnation as utilized by the public  service  commission  in  setting
  rates  and  as certified by the public service commission, the authority
  may withdraw the condemnation proceeding without prejudice or  costs  to
  any party.
* NB There are 2 § 1114-s's
2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 5-A*2 - North Shore Water Authority › 1114-A*2 - Short Title.

* §  1114-a.  Short  title.  This  title  may  be  cited as the "Water
  Authority of North Shore Act".
* NB There are 2 § 1114-a's
2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 5-A*2 - North Shore Water Authority › 1114-C*2 - Water Authority of North Shore District.

* §  1114-c.  Water authority of North Shore district. There is hereby
  created a district to be known as the "water authority  of  North  Shore
  district"  which  shall  be defined as all that portion of Nassau county
  being serviced by the New York American water service corporation as its
  sea cliff operations district as of January first, two thousand eighteen
  and lying north of the area serviced by Jericho water district.
* NB There are 2 § 1114-c's
2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 5-A*2 - North Shore Water Authority › 1114-F*2 - Transfer of Officers and Employees.

* §  1114-f. Transfer of officers and employees. Any public officer or
  employee under civil service, selected by the authority  may,  with  the
  consent of the commission, board, department or municipality by which he
  or  she  has been employed, be transferred to the authority and shall be
  eligible for  such  transfer  and  appointment  without  examination  to
  comparable  offices,  positions  and employment under the authority. The
  salary or compensation of any such officer or employee shall after  such
  transfer be paid by the authority, but notwithstanding the provisions of
  this  title,  any  such  officers  or  employees  so  transferred to the
  authority, pursuant to the provisions of this section, who  are  members
  of  or  beneficiaries  under  any existing pension or retirement system,
  shall continue to have all rights, privileges,  obligations  and  status
  with  respect  to  such  fund system or systems as are now prescribed by
  law, but during the period of their employment  by  the  authority,  all
  contributions  to any pension or retirement fund or system to be paid by
  the employer on account of such officers and employees, shall be paid by
  the authority; and  all  such  officers  and  employees  who  have  been
  appointed  to positions under the rules and classifications of the civil
  service commission shall have the same status with respect thereto after
  transfer to the authority as they had under their original appointments.
  The appointment and promotion of all employees of the authority shall be
  made in accordance with the provisions of the civil service law and such
  rules as the civil service commission may adopt and make  applicable  to
  the authority.
* NB There are 2 § 1114-f's
2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 5-A*2 - North Shore Water Authority › 1114-H*2 - Remedies of Bondholders.

* §  1114-h.  Remedies  of  bondholders.  1.  In  the  event  that the
authority shall default in the payment of principal of  or  interest  on
any  issue  of  the  bonds  after  the same shall become due, whether at
maturity or upon call for redemption, and such  default  shall  continue
for  a  period  of thirty days, or in the event that the authority shall
fail or refuse to comply with the provisions of  this  title,  or  shall
default  in  any  agreement  made  with  the holders of any issue of the
bonds, the holders of twenty-five  per  centum  in  aggregate  principal
amount  of  the  bonds  of such issue then outstanding, by instrument or
instruments filed in the office of the clerk of  the  applicable  county
and  proved or acknowledged in the same manner as a deed to be recorded,
may appoint a trustee to represent the holders of  such  bonds  for  the
purposes herein provided.
2.  Such  trustee  may,  and  upon  written  request of the holders of
twenty-five per centum in principal amount  of  such  bonds  outstanding
shall, in his or her own name:
(a)  by action or proceeding in accordance with the civil practice law
and rules, enforce  all  rights  of  the  bondholders  and  require  the
authority  to  carry  out  any other agreements with the holders of such
bonds and to perform its duties under this title;
(b) bring an action or proceeding upon such bonds;
(c) by action or proceeding, require the authority to account as if it
were the trustee of an express trust for the holders of such bonds;
(d) by action or proceeding, enjoin any acts or things  which  may  be
unlawful or in violation of the rights of the holders of such bonds; and
(e)  declare all such bonds due and payable, and if all defaults shall
be made good, then with the consent of the holders  of  twenty-five  per
centum  of  the  principal  amount of such bonds then outstanding, annul
such declaration and its consequences.
3. Such trustee shall in addition to the foregoing  have  and  possess
all  of  the  powers  necessary  or  appropriate for the exercise of any
functions specifically set forth herein or  incidental  to  the  general
representation of bondholders in the enforcement and protection of their
rights.
4.  The state supreme court, county of Nassau and the state shall have
jurisdiction of any action or proceeding by the  trustee  on  behalf  of
such bondholders.
5.  Before  declaring  the  principal  of  bonds  due and payable, the
trustee  shall  first  give  thirty  days'  notice  in  writing  to  the
authority.
* NB There are 2 § 1114-h's
2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 5-A*2 - North Shore Water Authority › 1114-I*2 - State and Municipalities Not Liable on Authority Bonds.

* §  1114-i.  State  and municipalities not liable on authority bonds.
  Neither the state nor any municipality shall be liable on the  bonds  of
  the  authority and such bonds shall not be a debt of the state or of any
  municipality.
* NB There are 2 § 1114-i's
2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 5-A*2 - North Shore Water Authority › 1114-J*2 - Moneys of the Authority.

* §  1114-j. Moneys of the authority. All moneys of the authority from
  whatever source derived shall be paid to  the  treasurer  and  shall  be
  deposited  forthwith  in one or more banks and/or trust companies in the
  state designated by the authority. The moneys in such accounts shall  be
  paid  out on checks of the treasurer upon requisition by the chairperson
  of the authority or of such other officer or officers as  the  authority
  may  authorize  to  make  such requisitions. All deposits of such moneys
  shall be secured by obligations of or guaranteed by the United States of
  America or of the state of a market value equal  at  all  times  to  the
  amount  on  deposit  and all banks and trust companies are authorized to
  give such security for such deposits. Any moneys of  the  authority  not
  required for immediate use or disbursement may, at the discretion of the
  authority,  be  invested  in those obligations specified pursuant to the
  provisions of section ninety-eight-a  of  the  state  finance  law.  The
  authority  shall  have  power,  notwithstanding  the  provisions of this
  section, to contract with the holders of any bonds as  to  the  custody,
  collection,  security,  investment  and  payment  of  any  moneys of the
  authority or any moneys held in trust or otherwise for  the  payment  of
  bonds  or  in any way to secure bonds. Moneys held in trust or otherwise
  for the payment of bonds or in any way to secure bonds and  deposits  of
  such moneys may be secured in the same manner as moneys of the authority
  and  all  banks and trust companies are authorized to give such security
  for such deposits.
* NB There are 2 § 1114-j's
2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 5-A*2 - North Shore Water Authority › 1114-K*2 - Bonds; Legal Investments for Fiduciaries.

* § 1114-k. Bonds; legal investments for fiduciaries. The bonds of the
  authority  are  hereby made securities in which all public officials and
  bodies of the state and all municipalities, all insurance companies  and
  associations  and  other  persons carrying on an insurance business, all
  banks, bankers, trust companies, savings banks and savings associations,
  including savings and loan associations, investment companies and  other
  persons  carrying  on a banking business, and administrators, guardians,
  executors,  trustees  and  other  fiduciaries  and  all  other   persons
  whatsoever,  who  are  now  or  may hereafter be authorized to invest in
  bonds or other obligations of the state, may properly and legally invest
  funds including capital in their control or belonging to them. The bonds
  are also hereby made securities which may be deposited with and  may  be
  received  by  all  public  officers  and  bodies  of  the  state and all
  municipalities for any purposes for which the deposit of bonds or  other
  obligations of the state is now or hereafter may be authorized.
* NB There are 2 § 1114-k's
2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 5-A*2 - North Shore Water Authority › 1114-L*2 - Agreement With the State.

* §  1114-l. Agreement with the state. The state does hereby pledge to
  and agree with the holders of any bonds issued by the authority pursuant
  to this title that the state will not alter or limit the  rights  hereby
  vested  in the authority to fulfill the terms of any agreement made with
  or for the benefit of the holders of bonds or  in  any  way  impair  the
  rights  and  remedies  of  bondholders until the bonds together with the
  interest thereon, with interest on any unpaid installments of  interest,
  and  all  costs and expenses in connection with any action or proceeding
  by or on behalf of such holders,  are  fully  met  and  discharged.  The
  authority  is  authorized  to  include  this pledge and agreement of the
  state in any agreement with bondholders.
* NB There are 2 § 1114-l's
2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 5-A*2 - North Shore Water Authority › 1114-M*2 - Exemption From Taxes, Assessments and Certain Fees; Payments in Lieu of Taxes.

* §  1114-m.  Exemption  from  taxes,  assessments  and  certain fees;
  payments in lieu of taxes. 1. It is hereby determined that the  creation
  of  the  authority  and the carrying out of its corporate purposes is in
  all respects for the benefit of the people of the state and is a  public
  purpose,   and   the   authority  shall  be  regarded  as  performing  a
  governmental function in the exercise of the powers conferred upon it by
  this title and shall not be  required  to  pay  any  taxes,  special  ad
  valorem levies or special assessments upon any real property owned by it
  or  any  filing,  recording  or  transfer  fees  or taxes in relation to
  instruments filed, recorded or transferred by it or on its behalf.
2. The authority may pay,  or  may  enter  into  agreements  with  any
  municipality  to  pay, a sum or sums annually or otherwise or to provide
  other considerations to such municipality with respect to real  property
  owned by the authority located within such municipality and constituting
  a part of its water system.
3.  Any  bonds  issued pursuant to this title together with the income
  therefrom shall be exempt from taxation except for transfer  and  estate
  taxes. The revenues, moneys and all other property and all activities of
  the  authority  shall  be exempt from all taxes and governmental fees or
  charges, whether imposed by the state  or  any  municipality,  including
  without  limitation  real  estate  taxes, income taxes, franchise taxes,
  sales taxes or other excise taxes.
4. The state  hereby  covenants  with  the  purchasers  and  with  all
  subsequent  holders  and  transferees  of  bonds issued by the authority
  pursuant to this title,  in  consideration  of  the  acceptance  of  and
  payment  for  the bonds, that the bonds of the authority issued pursuant
  to this title and  the  income  therefrom  shall  be  exempt  from  such
  taxation,  as  stated in subdivision three of this section, and that all
  revenues, moneys, and other property pledged to secure  the  payment  of
  such  bonds shall at all times be free from such taxes as stated in such
  subdivision.
5. Notwithstanding the provisions of subdivisions one through four  of
  this  section,  nothing  herein shall prevent the state from assessing a
  tax or surcharge against  the  water  customers  based  on  their  water
  consumption,  provided,  however, that all such taxes and surcharges and
  the authority's obligation to collect and pay such taxes and  surcharges
  shall  be subordinate to the rights of holders of all of the authority's
  bonds and notes and to the payment of principal, premiums  if  any,  and
  interest thereon.
* NB There are 2 § 1114-m's
2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 5-A*2 - North Shore Water Authority › 1114-N*2 - Actions Against the Authority.

* §  1114-n. Actions against the authority. 1. Except in an action for
wrongful  death,  no  action  or  proceeding  shall  be  prosecuted   or
maintained  against  the authority for personal injury or damage to real
or personal property alleged to have been sustained  by  reason  of  the
negligence  or  wrongful  act  of  the authority or any member, officer,
agent or employee thereof, unless:
(a) a notice of claim  shall  have  been  made  and  served  upon  the
authority  within  the  time  limit  by  and  in compliance with section
fifty-e of the general municipal law;
(b) it shall appear by and as an allegation in the complaint or moving
papers that at least thirty days have elapsed since the service of  such
notice  and  that  adjustment  or  payment thereof has been neglected or
refused;
(c) the action or proceeding shall be commenced within  one  year  and
ninety  days  after  the  happening of the event upon which the claim is
based; and
(d) An action against  the  authority  for  wrongful  death  shall  be
commenced  in  accordance  with  the notice of claim and time limitation
provisions of title eleven of article nine of this chapter.
2. Wherever a notice of claim is served upon the authority,  it  shall
have  the right to demand an examination of the claimant relative to the
occurrence and extent of the injuries or  damages  for  which  claim  is
made,  in  accordance  with  the  provisions  of  section fifty-h of the
general municipal law.
3. The authority may require any person presenting for  settlement  an
account  or  claim  for any cause whatsoever against the authority to be
sworn before a member, counsel, or  an  attorney,  officer  or  employee
thereof  designated  for  such purpose, concerning such account or claim
and when so sworn, to answer orally as to any  facts  relative  to  such
account or claim. The authority shall have power to settle or adjust all
claims in favor of or against the authority.
4. The rate of interest to be paid by the authority or the water board
upon  any judgment for which it is liable, other than a judgment against
the authority on its bonds, shall not exceed the  rate  of  interest  on
judgments  and accrued claims against municipal corporations as provided
in the general municipal law from time to time. Interest on payments  of
principal  or  interest on any bonds in default shall accrue at the rate
borne by such bonds from the due date thereof until  paid  or  otherwise
satisfied.
* NB There are 2 § 1114-n's
2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 5-A*2 - North Shore Water Authority › 1114-O*2 - Conflicts of Interest of Members of the Board of Directors and Officers and Employees of the Authority.

* § 1114-o. Conflicts of interest of members of the board of directors
  and  officers  and employees of the authority. No member of the board of
  directors or officer  or  employee  of  the  authority  shall  have  any
  interest  in  any  contract,  or  take  any  action or otherwise involve
  himself or herself in any activity which, pursuant to  article  eighteen
  of the general municipal law, would be deemed a conflict of interest for
  a  municipal  officer or employee holding a position with a municipality
  similar to the position held by the member, officer or employee with the
  authority.
* NB There are 2 § 1114-o's
2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 5-A*2 - North Shore Water Authority › 1114-P*2 - Construction and Purchase Contracts.

* §  1114-p.  Construction and purchase contracts. The authority shall
  let contracts for construction or purchase of  supplies,  materials,  or
  equipment pursuant to section one hundred three of the general municipal
  law.  Nothing  in  this section shall be construed to limit the power of
  the authority to do any construction directly by  the  officers,  agents
  and employees of the authority or to contract with a public utility, for
  a  term not to exceed five years, for the operation and maintenance of a
  water supply system acquired from said public utility.
* NB There are 2 § 1114-p's
2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 5-A*2 - North Shore Water Authority › 1114-Q*2 - Separability Clause.

* §  1114-q.  Separability clause. If any section, clause or provision
  in this title shall be held by a competent court to be  unconstitutional
  or  ineffective  in  whole  or  in  part,  to  the extent that it is not
  unconstitutional or ineffective, it shall be valid and effective, and no
  other section, clause or provision shall on account  thereof  be  deemed
  invalid or ineffective.
* NB There are 2 § 1114-q's
2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 5-A*2 - North Shore Water Authority › 1114-R*2 - Effect of Inconsistent Provisions.

* §   1114-r.  Effect  of  inconsistent  provisions.  Insofar  as  the
  provisions of this title are inconsistent with  the  provisions  of  any
  other  law,  general,  special  or local, or of any charter or any local
  ordinance or resolution of any  municipality,  the  provisions  of  this
  title  shall  be  controlling,  provided  that nothing contained in this
  section shall be held to supplement or otherwise expand  the  powers  or
  duties  of  the  authority  otherwise  set  forth in this title. Nothing
  contained in this title shall be held to alter or abridge the powers and
  duties of the department of environmental conservation or the department
  of health.
* NB There are 2 § 1114-r's