Section 1230-K. Appropriations for purposes of the water board or the authority; transfer of property to the water board or authority; acquisition of property by the city or municipality for the authority; contracts with the city or any municipality  


Latest version.
  • 1.  In  addition  to  any  powers granted to it by law, the city or 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, the city, or 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.  The  city,  any  state agency or 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 water board, the authority, such state agency 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 the city, such state agency or 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 or a state
      agency may be used for any corporate purpose of either the  water  board
      or the authority.
        4.  Any  municipality,  state  agency,  the  water  board  and/or  the
      authority shall have the power to contract, from time to  time,  between
      or  among  themselves,  or  with  any  other  person, in relation to the
      purchase,  sale,  production,  accumulation,  supply,  transmission,  or
      treatment  of  water,  or  the  provision  of  wastewater or storm water
      services and/or the construction,  use,  sale  and/or  leasing,  of  any
      system  facility  of the water board, which contracts may include any or
      all of the following provisions:  (a)  requiring  the  purchase  by  any
      municipality  of  specified  amounts of water, wastewater or storm water
      services; (b)  requiring  the  use  by  any  municipality  of  a  system
      facility;  (c)  limiting  the  right,  including  a  prohibition, of any
      municipality to construct a facility  which  will  serve  the  same,  or
      substantially  the same, function as a system facility constructed or to
      be constructed by the water board; (d)  requiring  the  water  board  to
      reserve  capacity  in  any system facility to assure the availability to
      any municipality of a specified amount of use of  any  system  facility;
      (e)  providing  for  specified  minimum periodic payments whether or not
      water, wastewater or storm water services are actually taken  and  used,
      or  such  system facility is actually used, subject to such limitations,
      exceptions and provisions therein, and (f) 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.
        6. Any agreement for the supply of water services, wastewater services
      or storm water services between the city or an agency  thereof  and  any
    
      other  municipality or state agency, or any administrative determination
      by a state agency, or any other arrangement in this regard, in effect at
      the time the water board shall be  established,  shall  remain  in  full
      force  and  effect  and  be binding upon the water board as if it were a
      party to such agreement, determination or other arrangement.
        7. (a) Notwithstanding any other provision of this title, neither  the
      authority  nor the water board shall supply, or enter into any agreement
      to supply water to any municipality  within  the  Niagara  county  water
      district,  or  any person or entity within the boundaries of the Niagara
      county water district without the consent and approval by resolution  of
      a  majority  of  the  members  of  the  Niagara  county  water  district
      administrative board; (b) that nothing contained  in  paragraph  (a)  of
      this  subdivision, or elsewhere in this title shall affect in any manner
      either the existing rights of the city, or such rights  assumed  by  the
      authority  or  the  water  board,  or  the  existing rights of any other
      municipality  with  respect  to  those  persons  or  entities  presently
      receiving water from the city.