2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 10 - Upper Mohawk Valley Regional Water Finance Authority › 1226-J - Appropriations for Purposes of Water Board or the Authority; Transfer of Property to Water Board or Authority; Acquisition of Property by Municipality

§ 1226-j. Appropriations for purposes of water board or the authority;
  transfer  of  property  to  water  board  or  authority;  acquisition of
  property by municipality for authority; contracts with municipality.  1.
  In  addition  to  any powers granted to it by law, 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, 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. 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 authority 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 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 may be used  for
  any corporate purpose of either the water board or the authority.
4.  One  or  more  of  the municipalities within the service area, the
  water board and/or the authority shall have the power to contract,  from
  time  to time, between or among themselves, in relation to the purchase,
  sale, production, accumulation, supply, transmission,  or  treatment  of
  water,  and/or  the construction, use, sale and/or leasing, of any water
  facility of the water board, which contracts may include any or  all  of
  the following provisions: (i) requiring the purchase by any municipality
  of   specified   amounts  of  water;  (ii)  requiring  the  use  by  any
  municipality of a water facility; (iii) limiting the right, including  a
  prohibition,  of  any  municipality  to construct a water facility which
  will serve the same, or substantially the  same,  function  as  a  water
  facility  constructed  or  to  be  constructed by the municipality; (iv)
  requiring the water board to reserve capacity in any water  facility  to
  assure  the  availability  to  any municipality of a specified amount of
  water or of the use of any water facility; (v) providing  for  specified
  minimum  periodic  payments  whether  or not water is actually taken and
  used,  or  such  water  facility  is  actually  used,  subject  to  such
  limitations,  exceptions  and provisions therein, and (vi) 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.