2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 10-B - Niagara Falls Public Water Authority › 1230-J - Imposition and Disposition of Fees, Rates or Charges.

§ 1230-j. 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, the facilities and system 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,  (a)  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, to the extent requested by
  the city or any municipality in, or annually pursuant to, any agreement,
  to pay  to  the  city  or  any  municipality,  in  accordance  with  any
  agreement,  an amount sufficient for the purpose of paying the principal
  of and  interest  on  general  obligation  bonds  of  the  city  or  any
  municipality issued for or allocable to the facilities of the system, as
  the  same shall become due and payable, and to maintain or fund reserves
  therefor, (b) to pay to the city or any municipality, in accordance with
  any agreement, an amount sufficient for the purpose of paying the  costs
  of  administering,  maintaining, repairing and operating and the cost of
  constructing capital improvements to the system, (c) to pay to the  city
  or  any  municipality  in  accordance  with  any  agreement entered into
  pursuant to section twelve hundred thirty-h  of  this  title  an  amount
  sufficient for the purpose of paying liabilities issued for or allocable
  to  the  system, as the same shall become due and payable, (d) to pay to
  the city or 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,  (e)  to  raise  an amount sufficient for the
  purpose of paying the costs  of  administering,  managing,  maintaining,
  repairing   and   operating   any  system  facility,  (f)  to  meet  any
  requirements of any agreement, including requirements  relating  to  the
  establishment   of   reserves   for  renewal  and  replacement  and  for
  uncollected rates, fees or other charges and covenants respecting rates,
  (g) to pay all other reasonable and necessary expenses of the  authority
  and  the  water board in relation thereto, and (h) to pay or provide for
  such other purposes or projects as the water board considers appropriate
  and in the public interest.
2. There is hereby established in the custody of  the  water  board  a
  special  fund  to  be  known  as  the  local water fund. Such fund shall
  consist of the revenues derived from the fees, rates, rents and  service
  charges  established,  charged  and collected pursuant to this title and
  any other income earned or moneys received by the water board.  Revenues
  in  the  local  water  fund  shall  be  kept  separate  and shall not be
  commingled with any other moneys in the  custody  of  the  water  board.
  Subject to any agreements made by the water board in connection with the
  issuance  of  any  bonds  of  the  authority, all moneys, properties and
  assets acquired by the water board, whether as  revenues  or  otherwise,
  shall be held by it in trust for the purposes of carrying out its powers
  and duties, and shall be used and reused in accordance with the purposes
  and provisions of this article.
3.  The water board shall deposit promptly, to the credit of the local
  water fund, revenues collected under this article  in  a  bank,  banking
  house  or  trust  company  as  may  be  designated in or pursuant to the
  agreements.
4. 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 system, 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, any users of the system, 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.
5. 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.
6.  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  or  users  thereof, which lien and charge shall bear interest at
  the same rate as would unpaid taxes of the city. 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 city 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. The
  city and any state agency or municipality in the service area  shall  be
  subject  to  the same fees, rates, rents or other charges under the same
  conditions as other users of the system.  All  rights,  powers,  duties,
  obligations  and functions provided by law with respect to the fixing of
  charges or rates for the supply of  water,  wastewater  or  storm  water
  services  to  users  outside  the  city,  shall  be  deemed to apply, as
  appropriate, to the water board established pursuant to this title.
7. 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  city,  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 system facility.
8.  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.
9.  The  water  board  shall  prepare  and  transmit  to  the  city or
  municipality in the service area of the water board, on  or  before  the
  first  day of December in each year, a list of those persons or property
  owners within the city or 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 city or such 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 or wastewater or storm
  water charges, if any". Such amounts, as and when collected by the  city
  or  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
  board  charges,  does  not  yield  moneys  sufficient to pay in full all
  unpaid taxes including unpaid delinquent water board charges, the amount
  of unpaid water board charges to be paid to the  water  board  shall  be
  prorated.
10.  The public service commission shall have no jurisdiction over the
  water board or the authority with respect to 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 city or the service area.