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This entry was published on 2014-09-22
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Transfer of sewerage or water systems by the city to the water board
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 6
§ 1115-g. Transfer of sewerage or water systems by the city to the
water board. 1. The city may, by resolution of the common council of the
city, enter into an agreement with the water board for the transfer to
the water board, for use in the exercise of its corporate powers and
purposes, of the sewerage system or water system, or both, of the city
as the same then shall be owned by the city. Any such agreement may
provide for the transfer of title of such system or systems by deed,
lease or other arrangement to the water board. To the extent not
inconsistent with this title, any such agreement may impose such
limitations or conditions as may be agreed upon by and between the city
and the water board with respect to the power of the water board to sell
or otherwise dispose of any property acquired by the water board
pursuant to such agreement, and may provide for or authorize the water
board to surrender to the city property no longer required by the water
board for its public purposes. Notwithstanding the provisions of any
general, special or local law or charter to the contrary, any action
taken by the city 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
which it is contemplated are to be paid by the water board from moneys
available to it; provided, however, that such agreement does not require
the water board to assume the liabilities of the city; provided further,
notwithstanding the foregoing, any real property owned by the city
outside its municipal boundaries for the purposes of the water system
including all water facilities which are subject to real property
taxation under city ownership shall remain subject to real property
taxation as provided in section one thousand one hundred fifteen-j of
this title upon transfer and conveyance to the water board as if the
city remained the record owner of such water system and water

3. Any such agreement may provide for the payment by the city to the
water board from any funds of the city, of such amount as may be
determined appropriate for use by the water board.

4. The city and the water board 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 comtemplated 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 sewerage system or water system, or both,
of the city thereby transferred.

7. Any application filed or proceeding heretofore commenced in
relation to the sewerage system or water system, or both, 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 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 to the water board unless
such assignment and transfer is prohibited by federal law.

8. The rules and regulations of the water board may provide for the
discontinuance or disconnection of the supply of water or the provision
of sewerage service, or both, as the case may be, by the city or the
water board for non-payment of fees, rates, rents or other charges
therefor imposed by the water board, provided such discontinuance or
disconnection of any supply of water or the provision of sewerage
service, or both, as the case may be, shall not be carried out except in
the manner and upon the notice as is required of a waterworks
corporation pursuant to subdivisions three-a, three-b and three-c of
section eighty-nine-b and section one hundred sixteen of the public
service law. A copy of all by-laws, rules and regulations and amendments
thereto, duly certified by the secretary of the water board, shall be
filed in the offices of the clerk of the city and the secretary of state
within ninety days and thereafter published once in the official
newspaper of the city. Violation of such rules and regulations shall
subject the offending party to a civil penalty in an action brought by
the water board, not exceeding one hundred dollars for each day the
violation continues. Jurisdiction is hereby conferred upon the city
court of the city to hear and determine, subject to the provisions of
the civil practice law and rules, any violation of such rules and