2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 10 - Upper Mohawk Valley Regional Water Finance Authority › 1226-R - Exemption From Taxes, Assessments and Certain Fees.

§  1226-r. Exemption from taxes, assessments and certain fees.  1. The
authority shall not be required to  pay  any  fees,  taxes,  special  ad
valorem levies or assessments, whether state or local, including but not
limited to fees, taxes, special ad valorem levies or assessments on real
property,  franchise  taxes, sales taxes or other excise taxes, upon any
property owned by it or under its jurisdiction, control or  supervision,
or  upon  the  uses thereof, or upon its activities in the operation and
maintenance of its facilities  or  any  fares,  tolls,  rentals,  rates,
charges,  fees,  revenues  or  other  income  received by the authority.
Notwithstanding the previous sentence, the authority shall  be  required
to  pay water and pure water fees or charges as may be negotiated by any
public corporation. The authority shall at all times be exempt from  any
filing,  mortgage  recording  or  transfer  fees or taxes in relation to
instruments filed, recorded or transferred by it or on its  behalf.  The
construction, use, occupation or possession of any property owned by the
authority  or  the county, including improvements thereon, by any person
or public corporation under a lease, lease and  sublease  or  any  other
agreement   shall  not  operate  to  abrogate  or  limit  the  foregoing
exemption, notwithstanding that the lessee, user, occupant or person  in
possession shall claim ownership for federal income tax purposes.
2.  Any  bonds  issued pursuant to this title together with the income
there from as well as the property of the authority shall at  all  times
be  exempt  from  taxes, except for transfer and estate taxes. 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 and all revenues, monies, and other property pledged to secure
the  payment  of  such  bonds  shall at all times be free from taxation,
except for transfer and estate taxes.
3. Notwithstanding the foregoing, the water board shall  pay  to  each
municipality  and  each  school district as hereinafter provided located
either in the service  area  or  within  municipalities  in  which  real
property of the water board is located in monthly payments commencing on
the first day of the fiscal year of such municipality or school district
in  the year succeeding the calendar year in which this title shall take
effect:
(a) to all school districts annually determined by the water board  to
have lost real property tax revenues as a consequence of the transfer of
any previously taxable real property by either the board of water supply
or  any  municipality  to  the  water  board,  the  sum  of nine hundred
seventy-five thousand dollars in the first  fiscal  year  and  such  sum
annually  thereafter  in  each of the next twenty-two years equal to the
sum so paid the preceding year decreased  by  forty-two  thousand  three
hundred  ninety-one  dollars,  the  amount to be paid to each individual
school district  to  be  determined  annually  by  the  water  board  in
proportion  to  the  amount of real property taxes received by each such
school district from the board of water supply in fiscal  year  nineteen
hundred ninety-three--nineteen hundred ninety-four;
(b)  to  each  town  which  the  water  board annually determines will
provide services to the water board during  the  next  ensuing  calendar
year,  for  a  period  of  forty  years  commencing in the calendar year
succeeding the year after the date  of  enactment  of  this  title,  the
annual  sum of seventy-four thousand seven hundred thirty-seven dollars,
which sum shall be increased  every  sixth  year  by  five  per  centum;
provided,  that  the  town  of  Trenton  shall  initially  receive sixty
thousand dollars of such initial aggregate  amount  with  the  remainder
being  distributed  to the town of Russia in the amount of nine thousand

five hundred dollars, to the town  of  Norway  in  the  amount  of  four
thousand  three  hundred  eighteen  dollars,  to the town of Ohio in the
amount of eight hundred ninety-four dollars and to the town of Salisbury
in the amount of twenty-five dollars; which such amounts being increased
by  such five per centum as herein provided, and thereafter as the water
board shall determine;
(c) to the county of Oneida, in each year during which the  auditorium
commonly  known  as  the  Utica  memorial auditorium, as the same may be
reconstructed, enlarged or modified, or replaced by a building serving a
similar function at a different location within the service area,  shall
be  operated  as  an  auditorium for the benefit of the residents of the
county of Oneida or any portion thereof, the annual sum of five  hundred
thousand  dollars,  which sum shall be increased every sixth year by ten
per centum, for a period of forty years; and  thereafter  as  the  water
board shall determine;
(d)  to  the  city  of  Utica, the sum of two hundred thousand dollars
during each of the next ten  years,  commencing  in  the  calendar  year
succeeding  the  year after the date of enactment of this title; the sum
of three hundred fifty thousand dollars in each of  the  following  five
years;  the  sum  of four hundred fifty-five thousand dollars in each of
the following five years; the sum of three hundred seventy-five thousand
dollars in each of the following five years; the  sum  of  four  hundred
twenty-five  thousand  dollars  in each of the following five years; the
sum of four  hundred  seventy-five  thousand  dollars  in  each  of  the
following  five  years;  the  sum  of  five hundred twenty-five thousand
dollars in each of the following five years; and thereafter as the water
board shall determine.
Notwithstanding any other provision of this section,  any  payment  in
lieu of tax payments described in paragraph (a), (b), (c) or (d) of this
subdivision,  (i)  may  be  decreased  at  any  time  for  any period by
resolution of the governing body of the  water  board  approved  by  the
affirmative  vote  of at least seventy-five per centum of such governing
body and provided further that any such decrease shall  be  uniform  for
all  payment  in  lieu of tax payments to the affect that any percentage
decrease to any municipality or school district shall be equally reduced
to each other municipality or school district, and  (ii)  as  the  water
board  shall  determine,  be  in priority to or subordinate to any other
payments required to be made pursuant to this title, including,  without
limitation,  the  payment  of  sums  to  the authority or to any trustee
representing the holders of any bonds issued by the authority.