2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 10 - Upper Mohawk Valley Regional Water Finance Authority › 1226-I - Imposition and Disposition of Fees, Rates or Charges.

§  1226-i.  Imposition  and disposition of fees, rates or charges.  1.
  The water board shall establish, fix and  revise,  from  time  to  time,
  fees,  rates  or  other  charges  for the use of, or services furnished,
  rendered or made available by, all projects and water facilities  owned,
  leased  or  utilized  by  the  water  board pursuant to this title in an
  amount at least sufficient at all times so as to  provide  funds  in  an
  amount  sufficient, together with other revenues available to the board,
  if any, (i) to pay to the authority, in accordance  with  any  agreement
  with  the  authority, an amount sufficient for the purpose of paying the
  principal of and the interest on the outstanding bonds of the  authority
  as  the  same  shall become due and payable and maintaining or funding a
  capital or debt service reserve fund therefor, if any, or any other fund
  determined necessary by the authority, and, if applicable (ii) to pay to
  any municipality, in accordance with this title or any agreement entered
  into pursuant to this title, an amount sufficient  for  the  purpose  of
  paying  any  payment  in  lieu of taxes as the same shall become due and
  payable, (iii) to raise an amount sufficient for the purpose  of  paying
  the  costs  of  administering,  maintaining, repairing and operating any
  water  facility,  (iv)  to  meet  any  requirements  of  any  agreement,
  including  requirements  relating  to  the establishment of reserves for
  renewal and  replacement  and  for  uncollected  charges  and  covenants
  respecting rates, (v) to pay all other reasonable and necessary expenses
  of  the  authority  and the water board in relation thereto, and (vi) to
  pay or provide for such other purposes or projects as  the  water  board
  considers appropriate and in the public interest.
2. No fee, rate or other charge shall be established, fixed or revised
  unless  and until the water board has held a public hearing at which the
  users of the water facility, the owners of  property  served  or  to  be
  served  and other interested persons have had an opportunity to be heard
  concerning the same. Notice of such public hearing shall be published by
  the water board not less than ten nor more than twenty days  before  the
  date   set   therefor  in  a  newspaper  or  newspapers  having  general
  circulation in the service area, as shall be  designated  by  the  water
  board.  Such  notice  shall  set  forth the date, time and place of such
  hearing and shall include a brief  description  of  the  matters  to  be
  considered  at  such hearing. A copy of the notice shall be filed in the
  office of the secretary of the water board and shall  be  available  for
  inspection  by  the public. At all such hearings, all users of the water
  facilities, owners of property served or to  be  served  and  any  other
  interested  persons shall have an opportunity to be heard concerning the
  matters under consideration. Any decision of the water board on  matters
  considered  at  such  public  hearing  shall  be  in writing and be made
  available in the office of the secretary of the water board  for  public
  inspection.   Such  decision  shall  be  published  in  a  newspaper  or
  newspapers having a general circulation in the service area as shall  be
  designated  by  the  water  board  not later than thirty days after such
  decision is made. The fees, rates or other charges  so  established  for
  any  class  of  users  of property served shall be extended to cover any
  additional premises thereafter served which are within the  same  class,
  without the necessity of a hearing thereon. The water board shall exempt
  the  facility  currently  operated  by  the Utica zoological society and
  located on Steele Hill road, Utica, commonly known  as  the  Utica  zoo,
  from  the  payment  of fees, rates or charges for water. The water board
  may also determine to exempt the municipalities within the service  area
  from  the  payment of all or any part of fees, rates or other charges as
  the water board deems appropriate; provided, however, that (i) any  such
  exemption  shall  be established by and set forth in a resolution of the
  governing body of the water board, (ii) such resolution shall be  mailed

  or  delivered  to all municipalities within or partly within the service
  area prior to the date on which any such exemption  shall  take  effect,
  and  (iii)  any  such exemption shall apply equally and uniformly to all
  such municipalities.
3.  The  fees,  rates  or other charges established, fixed and revised
  from time to time by the water board shall be  collected  by  the  water
  board at such times and in such manner as may be determined by the rules
  and   regulations  adopted  by  the  water  board  consistent  with  the
  provisions of this title.
4. Such fees, rates or other charges, if  not  paid  when  due,  shall
  constitute  a  lien  upon  the  premises served and a charge against the
  owners thereof, which lien and charge shall bear interest  at  the  same
  rate  as  would  unpaid  taxes  of  the  county.  Such  lien  shall take
  precedence over all other liens or encumbrances, except taxes,  and  may
  be foreclosed against the lot or building served in the same manner as a
  lien  for  such taxes. The amount which remains due and unpaid for sixty
  days may, with interest thereon at the same rate as unpaid county  taxes
  and  with reasonable attorneys' fees, be recovered by the water board in
  a civil action in the name of the water board against  such  owners.  In
  addition  to  any other lawful enforcement methods and pursuant to rules
  and regulations of the water board promulgated pursuant to  this  title,
  the  payment  of  fees, rates, or other charges for water service to any
  premises may be enforced by discontinuing  the  water  service  to  such
  premises  provided  that  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.
5.  The  water  board  shall pay to the authority such amounts at such
  times and in such manner as may be provided  in  the  agreement  by  and
  among the authority, the water board, the board of water supply, and any
  municipality consistent with the priorities set forth in such agreement.
  There  is  hereby  created  a  lien, by this title made a statutory lien
  within the meaning of the uniform commercial code and any other state or
  federal law, upon the gross revenues of the water board, in favor of the
  payment of all amounts due pursuant to such agreement and in  the  order
  and priority set forth therein and which lien shall be a first lien upon
  such  gross  revenues.  The  gross revenues so subject to such statutory
  lien shall be and remain  subject  to  such  statutory  lien  until  the
  payment in full of each such item in accordance with such priority. Said
  statutory lien shall not be construed to give any holder or owner of any
  bond of the authority power to compel the sale of any water facility.
6.  If  there  be any default by the water board, in the making of the
  payments to the authority required under this title, as a result of  the
  failure  by  the  water  board to impose sufficient fees, rates or other
  charges, the authority may petition for the  appointment  by  any  court
  having  jurisdiction in any proper action of a receiver to administer on
  behalf of the water board,  under  the  direction  of  said  court,  the
  affairs  of  the  water  board  in  order  to  achieve revenues at least
  sufficient to make such payments; and by and with the approval  of  said
  court,  to  establish, fix and revise, from time to time, fees, rates or
  other charges at least  sufficient  therefor  in  conformity  with  this
  title,  and the resolution or trust indenture of the authority providing
  for the issuance of its bonds and in accordance with such orders as  the
  court shall make.
7.  The  water  board  shall  prepare and transmit to each town in the
  service area on or before the first day of September in  each  year,  to
  each  village in the service area on or before the first day of February

  in each year and to the city on or before the first day of  February  in
  each  year  a  list  of  those  persons  or  property owners within such
  municipality who are in arrears in the payment of fees, rates, or  other
  charges  for a period of sixty days or more after the last day fixed for
  payment  thereof  without  penalty.  The  list  shall  contain  a  brief
  description  of the properties for which the services were provided, the
  names of the persons  liable  to  pay  for  the  same  and  the  amounts
  chargeable  to  each,  including  applicable penalties and interest. The
  municipality shall levy or cause to be  levied  such  sums  against  the
  properties  liable  and  shall  state  the  amount thereof in a separate
  column in the annual tax rolls of such municipality under  the  name  of
  "delinquent  water charges". Such amounts, as and when collected by such
  municipality, shall be  paid  over  to  the  water  board.  All  of  the
  provisions  of  the  tax  laws of the state covering the enforcement and
  collection of unpaid taxes of an applicable municipality shall apply  to
  the collection of such unpaid fees, rates or other charges. In the event
  that  the enforcement of unpaid taxes, including unpaid delinquent water
  charges, does not yield moneys sufficient to  pay  in  full  all  unpaid
  taxes  including  unpaid  delinquent water charges, the amount of unpaid
  water charges to be paid to the water board shall be prorated.
8.  Neither  the  public  service  commission,   the   department   of
  environmental conservation nor any municipal or state agency, shall have
  any jurisdiction over the water board or the authority or any power over
  the regulation of the fees, rates or other charges established, fixed or
  revised by the water board except as provided by law with respect to the
  supply  of  water  to users outside the service area. The decision dated
  September fourteen, nineteen hundred thirty-seven of the water power and
  control commission,  predecessor  to  the  department  of  environmental
  conservation,  with  respect  to the supply, distribution of and payment
  for water by and to the city shall be of no force and effect  subsequent
  to  the  date on which the water board shall supply, distribute and sell
  water in the service area pursuant to this title.