N.Y. Public Authorities Law Section 1226-J
Appropriations for purposes of water board or the authority

  • transfer of property to water board or authority
  • acquisition of property by...
§ 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.

Source: Section 1226-J — Appropriations for purposes of water board or the authority; transfer of property to water board or authority; acquisition of property by..., https://www.­nysenate.­gov/legislation/laws/PBA/1226-J (updated Sep. 22, 2014; accessed Oct. 26, 2024).

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Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 1226-J’s source at nysenate​.gov

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