2012 New York Consolidated Laws
PBA - Public Authorities
Article 5 - PUBLIC UTILITY AUTHORITIES
Title 10-B - (1230-A - 1230-AA) NIAGARA FALLS PUBLIC WATER AUTHORITY
1230-H - Transfer of facilities by the city of Niagara Falls or any municipality.

 
    §  1230-h.  Transfer of facilities by the city of Niagara Falls or any
  municipality. 1.  The  city  or  any  municipality  may,  by  resolution
  approved  by  a majority of the entire voting strength of the applicable
  governing body of the board of the city or municipality, as the case may
  be, enter into an agreement with the water board for  the  transfer,  by
  deed,  lease  or  other  arrangement, to the water board, for use in the
  exercise of its corporate powers and purposes, of  any  property,  real,
  personal  or  mixed  or  any  interest  therein,  constituting  a water,
  wastewater or storm water facility or facilities or otherwise  owned  by
  it.  Any  such  property  offered  to  be transferred to the water board
  within the period commencing on the date the  certificate  described  in
  paragraph  (a) of subdivision five of section twelve hundred thirty-e of
  this title shall be filed by the mayor  and  terminating  three  hundred
  sixty-five  days  thereafter shall be accepted by the water board in the
  physical condition in which it then exists.  Any  such  agreement  shall
  state  the  consideration,  if  any, for such transfer and shall provide
  that the authority shall  assume  the  obligation  to  pay  any  or  all
  outstanding indebtedness of the transferring body relating to the system
  and/or  pay  all or part of any purchase or acquisition price in cash or
  in installments over such period of years, at such rate of interest,  if
  any,  and may be subject to such other terms and conditions as the water
  board, the authority, the city or municipality,  as  the  case  may  be,
  shall  agree  to  be  fair, adequate and reasonable. Notwithstanding the
  provisions of any general, special  or  local  law  or  charter  to  the
  contrary,  any  action taken by the city or any municipality pursuant to
  this subdivision shall not be  subject  to  a  permissive  or  mandatory
  referendum.
    2.  Any  such agreement shall set forth the liabilities of the city or
  of any municipality in which it is contemplated are to be  paid  by  the
  authority or the water board from moneys available to it.
    3.  Any  such agreement may provide for the payment by the city or any
  municipality to the water board of any funds,  including  the  remaining
  proceeds of any bonds or notes issued for any facility of the system, to
  be  transferred by the city or municipality to the water board as may be
  determined appropriate by the city or such municipality  and  the  water
  board.
    4.  The  city, any municipality, the authority and the water board, or
  any combination thereof, are hereby authorized and empowered to make  or
  enter  into  any  contracts,  agreements,  deeds, leases, conveyances or
  other instruments as may be necessary or appropriate to  effectuate  the
  purposes of this title, and they shall have power and authority to do so
  and  to  authorize  the  doing  of  all  things incidental, desirable or
  necessary to implement the provisions of this title.
    5. Notwithstanding  the  foregoing  provisions  of  this  section,  no
  agreement  relating to the transfer of system facilities contemplated by
  this section shall become effective for any purpose unless and until the
  same shall have been approved in writing by resolution of the authority.
    6. Upon the filing by the water board with the clerk of the  city  and
  the  secretary  of  state  of  a  copy  of  the instruments or documents
  effectuating the transfer authorized by this section,  the  water  board
  shall  take  possession  of the system facilities or any part thereof of
  the city or any municipality thereby transferred.
    7.  Any  application  filed  or  proceeding  heretofore  commenced  in
  relation  to  any  facility of the system transferred to the water board
  pending with the state  departments  of  environmental  conservation  or
  health or any other state agency or with the United States environmental
  protection  agency or any other federal agency or instrumentality, shall
  inure to and for the benefit of the water board and be binding upon  the

  water  board  to  the same extent and in the same manner as if the water
  board had been a party  to  such  application  or  proceeding  from  its
  inception,  and  the  water board shall be deemed a party thereto to the
  extent  not  prohibited  by  any  federal  or  state  law.  Any license,
  approval, permit or decision heretofore or hereafter issued  or  granted
  pursuant  to  or as a result of any such application or proceeding shall
  inure to the benefit of and be binding upon the water board and shall be
  assigned and transferred by the city or applicable municipality  to  the
  water board unless such assignment and transfer is prohibited by federal
  or state law.