Upper Mohawk Valley Regional Water Finance Authority

This title shall be known and may be cited as the "upper Mohawk valley regional water finance authority act."
(Added L.1994, c. 647, § 1.)

Historical and Statutory Notes

Effective Date. Section effective Aug. 2, 1994, pursuant to L.1994, c. 647, § 3.
Former § 1226-a. Section, added L.1990, c. 730, § 1, defined terms used in former title 10 and was repealed by L.1994, c. 647, § 1.

As used or referred to in this title, unless a different meaning clearly appears from the context:

1. "Authority" means the corporation created by section one thousand two hundred twenty-six-c of this title.
2. "Board of water supply" means the board of water supply of the city.
3. "Bonds" means the bonds, notes or other evidences of indebtedness issued by the authority pursuant to this title, and the provisions of this title relating to bonds and bondholders shall apply with equal force and effect to notes and noteholders, respectively, unless the context otherwise clearly requires.
4. "City" means the city of Utica, Oneida county.
5. "Civil service commission" means the civil service commission of the county of Oneida.
6. "Comptroller" means the comptroller of the state.
7. "Construction" or "constructed" means the acquisition, erection, building, alteration, improvement, increase, enlargement, extension, reconstruction, renovation or rehabilitation of a water facility; the inspection and supervision thereof; and the engineering, architectural, legal, fiscal and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedure and other actions preliminary or incidental thereto and claims arising therefrom.
8. "Cost", as applied to any project, includes the cost of construction, the cost of the acquisition of all property, including real property and other property, both real, personal and mixed, improved and unimproved, the cost of the demolishing, removing or relocating any buildings or structures on lands so acquired, including the cost of acquiring any lands to which such buildings or structures may be moved or relocated, the cost of all water facilities, machinery, apparatus and equipment, financing charges, interest prior to, during and after construction to the extent not paid or provided for from revenues or other sources, the cost of engineering and architectural surveys, plans and specifications, the cost of consultant and legal services, the cost of guarantee, bond insurance or other credit support devices and the cost of other expenses necessary or incidental to the construction of any such project and the financing of the construction thereof, including the amount authorized in the resolution of the authority providing for the issuance of bonds to be paid into any reserve or other special funds from the proceeds of such bonds and the financing of the placing of any project in operation, including reimbursement to any municipality, state agency, the state, the United States government, or any other person for expenditures that would be costs of the project hereunder had they been made directly by the authority.
9. "Council" means the common council of the city.
10. "County" means the county of Oneida, New York.
11. "County executive" means the county executive of the county.
12. "County legislature" means the county legislature of the county.
13. "Governing body" means the members of the authority or the water board, as the case may be, constituting and acting as the governing body of the authority or the water board, as the case may be.
14. "Mayor means" the mayor of the city.
15. "Municipality'' means any county, city, town, village, special or improvement district under the town law or the county law, any other such instrumentality, including any agency, or public corporation of the state and the board of water supply, or any of the foregoing or any combination thereof located or operating within or partly within the service area.
16. "Person" means any natural person, firm, partnership, association, joint venture or corporation, exclusive of a public corporation as defined pursuant to article two-A of the general construction law.
17. "Project" means any water facility1 including the planning, development, financing or construction thereof.
18. "Properties" means the water facility or facilities of the water board, whether situated within or without the territorial limits of the service area, including the plants, works, structures, instrumentalities or part thereof and appurtenances thereto, real property, or any other property incidental to and included in such facility or facilities or part thereof1 and any improvements, extensions and betterments.
19. “Real property" means lands, structures, franchises, rights and interests in land, air space, waters, land underwater, riparian rights and air rights and any and all things and rights included within said term and includes not only fees simple absolute, but also any and all lesser interests including, but not limited to, easements, rights-of-way, uses, leases, licenses and all other incorporeal hereditaments and every estate, interest or right, legal or equitable, including terms for years and liens thereon by way of judgments, mortgages or otherwise.
20. "Revenues" means all rates, fees, charges, payments and other income and receipts derived from the operation of the properties of the water board including1 without limiting the generality of the foregoing1 investment proceeds and proceeds of insurance, condemnation, and sale or other disposition of assets, together with all federal, state or municipal aid, if any.
21. "Service area" means the area comprising the entirety of each municipality in which water was provided by the city or the board of water supply on the date on which this title becomes effective, as such area shall hereinafter be expanded or decreased, from time to time, by special act of the state legislature.
22. "State" means the state of New York.
23. "State agency" means any state officer, public benefit corporation, department, board, commission, bureau or division, or other agency or instrumentality of the state.
24. "Water board" means the corporation created by special act of the state legislature as provided in section one thousand two hundred twenty-six-e of this title.
25. "Water facility" or ''water facilities" means any plants, structures and other property, real, personal or mixed, acquired, rehabilitated, constructed or planned for the purpose of accumulating, supplying, transmitting, treating or distributing water, including but not limited to surface or groundwater reservoirs, basins, dams, canals, aqueducts, aqueduct taps, standpipes, conduits, pipelines, mains, pumping stations, pumps, water distribution systems, compensating reservoirs, intake stations, waterworks or sources of water supply, wells, purification or filtration plants or other treatment plants and works, contract rights, franchises, approaches, connections, permits, water meters, rights of flowage or diversion and other plants, structures, equipment, vehicles, conveyances, real or personal property or rights therein and appurtenances thereto necessary or useful and convenient for the accumulation, supply, transmission, treatment or distribution of water.
    (Added L.1994, c. 647, § 1.)

Historical and Statutory Notes

Effective Date. Section effective Aug. 2, 1994, pursuant to L.1994, c. 647, § 3.
Former § 122&-b. Section, added L.1990, c. 730, § 1, related to the creation of the Greater Utica area water purification finance authority and was repealed by L.1994, c, 647, § 1, eff. Aug. 2, 1994.

1. A public corporation to be known as the ''upper Mohawk valley regional water finance authority'' is hereby created for the public purposes and charged with the duties and having the powers provided in this title. The authority shall be a body corporate and politic constituting a public benefit corporation. The governing body of the authority shall consist of a total of five members, to be appointed and to serve as follows: one member, who shall be a resident of the city, shall be appointed by the council; one member, who shall be a resident of the city, shall be appointed by the mayor; one member shall be appointed by the county executive, which initially appointed member shall be a resident of the city and which subsequently appointed member's residence shall alternate between such member's being a resident of the service area outside of the city and a resident of the city; and two members shall be residents of the service area outside of the city and shall be appointed by the towns and villages within, either wholly or partly, the service area in accordance with the following procedure: one member shall be appointed by the town board of the town of New Hartford and alternately by the town board of the town of Whitestown. The first such member shall be appointed by the town board of the town of New Hartford. Following the expiration of that member's term, each subsequent member shall be appointed alternately by the town board of the town of Whitestown and then by the town board of the town of New Hartford; and one member shall be appointed by a majority vote of representatives in attendance at a meeting called for such purpose from the towns of Deerfield, Frankfort, Kirkland, Marcy, Trenton and Schuyler. For purposes of such vote, each such town shall appoint one representative to cast the vote for such town for such purpose. For purposes of appointment by such towns, such towns are hereby authorized to meet at such times and locations as a majority of such towns shall determine to appoint such members. No appointment made by the mayor shall be subject to confirmation by the council. No appointment made by the county executive shall be subject to confirmation by the county legislature. No appointment by the council shall be subject to approval or veto by the mayor. Failure by any party to appoint any member shall not invalidate the creation or establishment of the authority and shall result in the creation of a vacancy on the governing body of the authority which may be filled at any time by such party. The first member appointed by the council shall be appointed for a term of office ending on December thirty-first of the third year following the year in which this title shall have become law. The first member appointed by the mayor shall be appointed for a term ending on December thirty-first of the second year following the year in which this title shall have become law. The first member appointed by the county executive shall be appointed for a term ending on December thirty-first of the second year following the year in which this title shall have become law. The first member appointed by the towns of New Hartford, Marcy and Whitestown shall be appointed for a term of office ending on December thirty-first of the third year following the year in which this title shall have become law. The first member appointed by the other towns shall be appointed for a term ending on December thirty-first of the first year following the year in which this title shall have become law. Subsequent appointments of members shall be made for a term of three years ending in each case on December thirty-first of the last year of such term. All members shall continue to hold office until their successors are appointed and qualify. Vacancies shall be filled in the manner provided for original appointment. Vacancies, occurring otherwise than by expiration of term of office, shall be filled by appointment for the unexpired terms. Members may be removed from office by the party which appointed such member for inefficiency, neglect of duty or misconduct in office; provided, however, that such member shall be given a copy of the charges against him or her and an opportunity of being heard in person, or by counsel, in his or her defense upon not less than ten day's notice. Any member required to be a resident of a specified area shall forfeit his or her membership on the governing body upon such member's termination of residence in such area, which forfeiture shall create a vacancy. The members of the authority shall receive no compensation for their services but shall be reimbursed for their actual and necessary expenses incurred in connection with the carrying out of the purposes of this title; provided, however, that no member shall be reimbursed for any expense exceeding one thousand dollars incurred with respect to any individual purpose unless the governing body at a meeting duly called and held when a quorum of three members are present shall have authorized the incurrence of such expense by such member. The powers of the authority shall be vested in and be exercised by the governing body at a meeting duly called and held where a quorum of three members are present. No action shall be taken except pursuant to the favorable vote of at least three voting members. All votes must be made in person at a meeting and no vote may be made by proxy. The governing body may delegate to one or more of its members, officers, agents or employees such powers and duties as it may deem proper.
2. The officers of the authority shall consist of a chair, a vice-chair, a treasurer and a secretary, who need not be a member of the authority. Such officers shall be appointed by the governing body and shall serve in such capacities at the pleasure of the governing body. In addition to the secretary, the governing body may appoint and at pleasure remove such additional officers and employees as it may determine necessary for the performance of the powers and duties of the authority and fix and determine their qualifications, duties and compensation, subject to the provisions of the civil service law. The governing body may also from time to time contract for expert professional services. The members, officers, executive director, if any, controller, if any, and counsel, if any, shall be an exempt position under any named classification of the civil service commission. The treasurer shall execute a bond, conditioned upon the faithful performance of the duties of his or her office, the amount and sufficiency of which shall be approved by the governing body and the premium therefor shall be paid by the authority.
3. Notwithstanding any inconsistent provision of any general, special or local law, ordinance, resolution or charter, no officer, member or employee of the state, any municipality, or any public benefit corporation, shall forfeit his or her office or employment by reason of his or her acceptance of appointment as a member, officer, agent or employee of the authority, nor shall service as such member, officer, or employee be deemed incompatible or in conflict with such office, membership or employment.
4. 1. The county executive shall file on or before December thirty-first of the year in which this title shall have become a law, in the office of the secretary of state, a certificate signed by the county executive setting forth: (1) the name of the authority; (2) the names of the members appointed by the council, the mayor, the county executive, and the towns and their terms of office; and (3) the effective date of this title. If such certificate is not filed with the secretary of state on or before such date, then the corporate existence of the authority shall thereupon terminate and it shall thereupon be deemed to be and shall be dissolved.
   2. Except as provided in paragraph (a) of this subdivision, the authority and its corporate existence shall continue until terminated by law, provided, however, that no such law shall take effect so long as the authority shall have bonus or other obligations outstanding unless adequate provision has been made for the payment or satisfaction thereof. Upon termination of the existence of the authority, all of the rights and properties of the authority then remaining shall pass to and vest jointly in the city and the towns and villages in the service area in such a manner as prescribed by law.
5. It is hereby determined and declared that the authority and the carrying out of its powers and duties are in all respects for the benefit of the people of the service area and the state for the improvement of their health, welfare and prosperity and that such purposes are public purposes and that the authority is and will be performing an essential governmental function in the exercise of the powers conferred upon it by this title.
6. Nothing in this title shall be construed to obligate the state in any way in connection with the operations or obligations of the authority.
   (Added L.1994, c. 647, § 1.)

Historical and Statutory Notes

Effective Date. Section effective Aug. 2, 1994, pursuant to L.1994, c. 647, § 3.
Former § 1226-e. Section, added L.1990, c. 730, § 1, related to powers of the Greater Utica area water purification finance authority and was repealed by L.1994, c. 647, § 1, eff. Aug. 2, 1994.

The authority shall have the power:

1. To sue and be sued.
2. To have a seal and alter the same at pleasure.
3. To borrow money and issue bonds or other obligations for its corporate purposes and to provide for the rights of the holders thereof.
4. To enter into contracts and to execute all instruments necessary or convenient or desirable for the purposes of the authority to carry out any pawers expressly given to it in this title.
5. To enter into agreements with the water board, the board of water supply and any municipality for the financing by the authority of projects as herein provided.
6. To acquire by purchase, gift, grant, transfer, contract or lease or by condemnation pursuant to the eminent domain procedure law, lease as lessee, hold, and use any property, real, personal or mixed or any interest therein, as the authority may deem necessary, convenient or desirable to carry out the purpose of this title, provided, however, the authority shall not have the power to condemn property of the water board.
7. To apply to the appropriate agencies and officials of the federal, state and local governments for such licenses, permits or approvals of its plans or projects as it may deem necessary or advisable, and upon such terms and conditions as it may deem appropriate, and to accept, in its discretion, such licenses, permits or approvals as may be tendered to it by such agencies and officials.
8. To appoint such officers and employees as may be required for the performance of its duties, to fix and determine their qualifications, duties and compensation, and to retain or employ counsel, auditors, engineers and private consultants on a contract basis or otherwise for rendering professional or technical services and advice.
9. To make plans and studies necessary, convenient or desirable for the effectuation of the purposes and powers of the authority and to prepare recommendations in regard thereto.
10. To make use of existing studies, surveys, plans, data and other material in the possession of any state agency, any municipality or the water board in order to avoid duplication of effort.
11. To enter upon such lands, waters or premises as in the judgment of the authority shall be necessary for the purpose of making surveys, soundings, borings and examinations to accomplish any purpose authorized by this title, the authority being liable only for actual damage done.
12. To apply for and to accept any gifts or grants or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof or from any other source, for any or all of the purposes specified in this title, and to comply, subject to the provisions of this title, with the terms and conditions thereof.
13. To make and amend by-laws for its organization and management and regulation of its affairs and roles and regulations governing the exercise of its powers and the fulfillment of its purposes under this title. A copy of such rules, regulations and by-laws, and all amendments thereto, duly certified by the secretary of the authority shall be filed in the office of the clerk of each municipality within the service area.
14. To enter into cooperative agreements with other authorities, the board of water supply, municipalities, utility companies1 individuals, or corporations, within or without the service area, for any lawful purposes necessary or desirable to effect the purposes of this title upon such terms and conditions as shall be determined to be reasonable.
15. With the consent of the chief executive officer of a municipality within the service area, to use officers and employees of such municipality and to pay a proper portion of compensation or costs for the services of such officers or employees.
16. For the purposes of article fifteen-A of the executive law only, the authority shall be deemed a state agency as that term is used in such article, and its contracts for procurement, design, construction, services and materials shall be deemed state contracts within the meaning of that term as set forth in such article.
17. To do all things necessary, convenient or desirable to carry out its purposes and for the exercise of the powers granted in this title.
    (Added L.1994, c. 647, § 1.)

Historical and Statutory Notes

Effective Date. Section effective Aug. 2, 1994, pursuant to L.1994, c. 647, § 3.
Former § 1226-d. Section, added L.1990, c. 730, § 1, related to appropriations for purposes of, and transfer of property to, the Greater Utica area water purification finance authority; acquisition of property by the city for the authority; and contracts with the city, and was repealed by L.1994, c. 647, § 1, eff. Aug, 2, 1994.

1. A water board, to be known as the ''Upper Mohawk valley regional water board", may be created by a special act of the state legislature as a body corporate and politic, constituting a corporate municipal instrumentality of the state and having the powers and duties as provided in this title.
2. The governing body of the water board shall consist of a total of twelve members, to be appointed and to serve as follows: two members, each of whom shall be a resident of the city, shall be appointed by the council; two members, each of whom shall be a resident of the city, shall be appointed by the mayor; two members shall be appointed by the county executive, the first of which shall be a resident of a village located within the service area outside of the city and the second of which shall be a resident of the service area outside of the city; which second member shall be subject to confirmation by the Herkimer county legislature; two members shall be appointed by the county legislature) each of whom shall be a resident of the city; and four members shall be residents of the service area outside of the city and shall be appointed by the towns within, either wholly or partly, the service area in accordance with the following procedure: one member shall be appointed by the town board of the town of New Hartford; one member shall be appointed by the town board of the town of Whitestown; one member shall be appointed by the town board of the town of Marcy and alternately by the town board of the town of Schuyler and then by the town board of the town of Kirkland. The first such member shall be appointed by the town board of the town of Marcy. Following the expiration of that member's term, such subsequently appointed member shall be appointed by the town board of the town of Schuyler. Following the expiration of that member's term, such subsequently appointed member shall be appointed by the town board of the town of Kirkland. Thereafter each such subsequent member shall be appointed alternately by the town board of the town of Marcy, then by the town board of the town of Schuyler and then by the town board of the town of Kirkland; one member shall be appointed by the town board of the town of Trenton and alternately by the town board of the town of Deerfield and then by the town board of the town of Frankfort. The first such member shall be appointed by the town board of the town of Trenton. Following the expiration of that member's term, such subsequently appointed member shall be appointed by the town board of the town of Deerfield, Following the expiration of that member's term, such subsequently appointed member shall be appointed by the town board of the town of Frankfort. Thereafter each such subsequent member shall be appointed alternately by the town board of the town of Trenton, then by the town board of the town of Deerfield and then by the town board of the town of Frankfort. No appointment made by the mayor shall be subject to confirmation by the council. No appointment made by the county executive shall be subject to confirmation by the county legislature. No appointment by the council shall be subject to approval or veto by the mayor. No appointment by the county legislature shall be subject to approval or veto by the county executive. Failure by any party to appoint any member shall not invalidate the creation or establishment of the water board and shall result in the creation of a vacancy on the governing body of the water board which may be filled at any time by such party. The first members appointed by the council shall be appointed for the following terms of office; one for a term ending on December thirty-first of the first year following the year in which this title shall have become law; and one for a term ending on December thirty-first of the third year following the year in which this title shall have become law. The first members appointed by the mayor shall be appointed for the following terms of office: one for a term ending on December thirty-first of the first year following the year in which this title shall have become law; and one for a term ending on December thirty-first of the second year following the year in which this title shall have become law. The first village resident member appointed by the county executive shall be appointed for a term ending on December thirty-first of the second year following the year in which this title shall have become law. The first subject to Herkimer county legislative confirmation member appointed by the county executive shall be appointed for a term ending on December thirty-first of the third year following the year in which this title shall have become law. The first members appointed by the county legislature shall be appointed for the following terms of office: one for a term ending on December thirty-first of the first year following the year in which this title shall have become law; and one for a term ending on December thirty-first of the second year following the year in which this title shall have become law. The first member appointed by the town of New Hartford shall be appointed for a term of office ending on December thirty-first of the third year following the year in which this title shall have become law. The first member appointed by the town of Whitestown shall be appointed for a term ending on December thirty-first of the second year following the year in which this title shall have become law. The first member appointed by the town of Marcy, Schuyler or Kirkland shall be appointed for a term ending on December thirty-first of. the third year following the year in which this title shall have become law. The first member appointed by the towns of Trenton, Deerfield and Frankfort shall be appointed for a term ending on December thirty-first of the first year following the year in which this title shall have become law. Subsequent appointments of members shall be made for a term of three years ending in each case on December thirty-first of the last year of such term. No member shall be a member of the governing body of the authority. All members shall continue to hold office until their successors are appointed and qualify. Vacancies shall be filled in the manner provided for original appointment. Vacancies, occurring otherwise than by expiration of term of office, shall be filled by appointment for the unexpired terms. Members may be removed from office by the party which appointed such member for inefficiency, neglect of duty or misconduct in office; provided, however, that such member shall be given a copy of the charges against him or her and an opportunity of being heard in person, or by counsel, in his or her defense upon not less than ten days notice. Any member required to be a resident of a specified area shall forfeit his or her membership on the governing body upon such member's termination of the water board shall receive no compensation for their services but shall be reimbursed for their actual and necessary expenses incurred in connection with the carrying out of the purposes of this title; provided, however, that no member shall be reimbursed for any expense exceeding one thousand dollars incurred with respect to any individual purpose unless the governing body at a meeting duly called and held when a quorum of seven members are present shall have authorized the incurrence of such expense by such member. The powers of the water board shall be vested in and be exercised by the governing body at a meeting duly called and held where a quorum of seven members are present. No action shall be taken except pursuant to the favorable vote of at least seven voting members. All votes must be made in person at a meeting and no vote may be made by proxy. The governing body may delegate to one or more of its members, officers, agents or employees such powers and duties as it may deem proper.
3. The officers of the water board shall consist of a chairman, a vice-chairman and a treasurer, who shall be members of the wat.er board, and a secretary, who need not be a member of the water board. Such officers shall be appointed by the governing body and shall serve in such capacities at the pleasure of the governing body. In addition to the secretary, the governing body may appoint and at pleasure remove such additional officers and employees as it may determine necessary for the performance of the powers and duties of the authority, and fix and determine their qualifications, duties and compensation, subject to the provisions of the civil service law. The governing body may also from time to time contract for expert professional services. The members, officers, executive director, if any, comptroller, if any, and counsel, if any, shall be an exempt position under any rule or classification of the civil service commission. The treasurer shall execute a bond, conditioned upon the faithful performance of the duties of his or her office, the amount and sufficiency of which shall be approved by the governing body and the premium therefor shall be paid by the water board.
4. Notwithstanding any inconsistent provision of any general, special or local law, ordinance, resolution or charter, no officer, member or employee of the state, any municipality, or any public benefit corporation, shall be deemed to have forfeited or shall forfeit his or her office or employment by reason of his or her acceptance of appointment as a member, officer, agent or employee of the water board, nor shall service as such member, officer, agent or employee be deemed incompatible or in conflict with such office, membership or employment.
5. 1. The county executive shall file on or before December thirty-first of the year following the year in which the special act of the state legislature creating the water board shall have become law, in the office of the secretary of state, a certificate signed by the county executive setting forth: (1) the name of the water board; (2) the names of the members appointed by the council, the mayor, the county executive, the county legislature and the towns, villages and county of Herkimer and their terms of office; and (3) the effective date of the special act of the state legislature creating the water board. If such certificate is not filed with the secretary of state on or before such date, then the corporate existence of the water board shall thereupon terminate and it shall thereupon be deemed to be and shall be dissolved.
   2. The water board and its corporate existence shall continue until terminated by law, provided, however, that no such law shall take effect so long as the water board shall have contractual duties or obligations outstanding unless adequate provision has been made for the satisfaction thereof. Upon termination of the existence of the water board, all of the rights and properties of the water board then remaining shall pass to and vest as follows: all properties acquired by the water board from either the city or the board of water supply, except properties Identified at the time of transfer as being "southern reservoir property" shall vest in the city; all property identified at the time of transfer as being "southern reservoir property" shall vest jointly in the city and in the town of New Hartford; all other properties shall vest jointly in the city and the towns and villages in the service area in such a manner as prescribed by law.
6. It is hereby determined and declared that the water board and the carrying out of its powers and duties are in all respects for the benefit of the people of the service area and the state for the improvement of their health, welfare and prosperity and that such purposes are public purposes and that the water board is and will be performing an essential governmental function in the exercise of the powers· conferred upon it by this title.
7. The water board shall establish and maintain its principal office at which it conducts its business in the city's city hall. Notwithstanding any general, special or local law or any charter provision, the city shall, and is hereby authorized to, lease to the water board such office space as the city and the water board mutually determine to be necessary and appropriate for the needs of the water board, which lease shall be for an initial term of thirty years and shall be for such consideration and shall contain such terms and conditions as the water board and the city shall determine reasonable and appropriate.
   (Added L.1994, c. 647, § 1.)

Historical and Statutory Notes

Effective Date. Section effective Aug. 2, 1994, pursuant to L.1994, c. 647, § 3.
Former § 1226-e. Section, added L.1990, c. 730, § 1, related to governmental capacity of the Greater Utica area water purification authority and the city and was repealed by L.1994, c. 647, § 1, eff. Aug. 2, 1994.

Except as otherwise limited by this title, the water board shall have power:

1. To sue and be sued.
2. To have a seal and alter the same at pleasure.
3. To enter into contracts and to execute all instruments necessary or convenient or desirable for the purposes of the water board to carry out any powers expressly given it in this title, provided nothing herein contained shall authorize the water board to borrow money or otherwise contract indebtedness.
4. To enter into agreements with the authority, the board of water supply and any municipality to provide a means whereby the authority shall finance the cost of constructing projects, as described in the agreement, and the water board may agree to assume title to any such project, and to raise revenues from users through fees, rates or other service charges necessary or appropriate to secure such financing and to pay the cost of the operation, management and repair of any such project.
5. To acquire, by purchase, gift, grant, transfer, contract or lease or by condemnation pursuant to the eminent domain procedure law, lease as lessee, hold and use ally property, real, personal or mixed or any interest therein, constituting or for use in connection with a project or otherwise, as the water board may deem necessary, convenient or desirable to carry out the purposes of this title. In connection with the acquisition of any property, the water board may assume and agree to perform covenants and observe the restrictions contained in any instrument to which any such property is subject; and furthermore the owner of any properties, which the water board is authorized to acquire, is hereby authorized to sell or otherwise transfer the same to the water board, whereupon the water board shall become charged with the performance of all public duties with respect to such properties with which such owner was charged and such owner shall become discharged from the performance thereof, and, subject to any limitations in any agreement entered into pursuant to this title, to sell, lease as lessor, transfer or otherwise dispose of any such property or interest therein; provided, however, that any property determined by the water board to be no longer necessary by the water board for use in fulfilling the purposes of the water board pursuant to this title which was acquired by the water board from either the city or the board of water supply, except property identified at the time of transfer as being "southern reservoir property" 1 shall be conveyed, immediately after such property has been so determined to be no longer necessary by the water board, at no cost, to the city and, provided, further, that any property so determined to be no longer necessary by the water board which was identified as "southern reservoir property" shall be conveyed, immediately after such property has been so determined to be no longer necessary by the water board, at no cost, to the city and the town of New Hartford whereupon such property shall vest jointly in the city and the town of New Hartford.
6. To acquire from any municipality, and/or the board of water supply, title to any water facility.
7. To make and amend by-laws for its organization and management and the regulation of its affairs and rules and regulations governing the exercise of its powers and the fulfillment of its purposes under this title including the sale of water and the collection of fees, rates and charges therefor. A copy of such rules, regulations and by-laws, and all amendments thereto, duly certified by the secretary of the water board shall be filed in the office of the clerk of each municipality within the service area.
8. To establish, fix, revise, charge and collect and enforce the payment of all fees, rates. and other service charges for the use of, or services rendered by, or any commodities furnished by any water facility so as to provide revenues which, together with other revenues available to the water board, if any, shall be at least sufficient at all times so that such facility or facilities shall be placed on a self-sustaining basis in accordance with this title.
9. To pledge its revenues and mortgage any or all of its properties to secure the obligations of the authority.
10. To construct, improve, maintain, develop, expand or rehabilitate water facilities.
11. To operate and manage and to contract for the operation and management of properties of the water board.
12. To enter into contracts, and carry out the terms thereof, for the provision of water produced by supply, transmission and distribution facilities constructed and/or operated by the water board, to municipalities, private water companies or to any person and to carry out the terms thereof.
13. To apply to the appropriate agencies and officials of the federal, state and local governments for such licenses, permits or approvals of its plans or projects as it may deem necessary or advisable, and upon such terms and conditions as it may deem appropriate, and to accept, in its discretion, such licenses, permits or approvals as may be tendered to it by such agencies and officials.
14. To appoint such officers and employees as it may require for the performance of its duties, and to fix and determine their qualifications, duties, and compensation, subject to the provisions of the civil service law and the rules of the civil service commission of the county, and to retain or employ counsel, auditors, engineers and private consultants on a contract basis or otherwise for rendering professional or technical services and advice.
15. To make plans and studies necessary, convenient or desirable for the effectuation of the purposes and powers of the water board and to prepare recommendations in regard thereto.
16. To make use of existing studies, surveys, plans, data and other material in the possession of any state agency, any municipality or the authority in order to avoid duplication of effort.
17. To enter upon such lands, waters or premises as in the judgment of the water board shall be necessary for the purpose of making surveys, soundings, borings and examinations to accomplish any purpose authorized by this title, the water board being liable only for actual damage done.
18. To apply for and to accept any gifts or grants or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, from the state or any agency or instrumentality thereof, from any municipality, the board of water supply, the authority or from any other source, for any or all of the purposes specified in this title, and to comply, subject to the provisions of this title, with the terms and conditions thereof.
19. To produce, develop, distribute, supply and sell water for domestic, commercial and public purposes at wholesale or retail to public authorities, municipalities, the board of water supply, utility companies, private corporations, and persons or individual consumers within or without the service area.
20. To purchase water in bulk from any person, private corporation, public authority, utility company, the board of water supply or municipality when necessary or convenient for the operation of any water facility.
21. To enter into cooperative agreements with the authority, other authorities, any municipality, the board of water supply, any utility company, private corporation or person within or without the service area for the interconnection of facilities, the exchange or interchange of services and commodities or for the construction and operation and maintenance of a water facility by the water board for any municipality having power to construct and develop a water facility, upon such terms and conditions as shall be determined to be reasonable including but not limited to the reimbursement of all costs of such construction, or for any other lawful purposes necessary or desirable to effect the purposes of this title.
22. To enter into agreements with the authority and any municipality or the board of water supply, as herein provided.
23. To replace residential water service pipes containing lead and running from the curb box at a homeowner's property to the water meter in the residence and to accept an easement from the homeowner therefor.
24. To invest moneys not required for immediate use or disbursement, subject to such restrictions as may be imposed by any agreement with the authority, in such obligations or deposits with such banks or trust companies as it may determine and designate, provided that any such deposit with a bank or trust company shall be continuously and fully secured by direct obligations of the state or the United States of America, or obligations, the principal of and interest on which are guaranteed by the state or the United States of America, of a market value equal at all times to at least the amount of the deposit.
25. To establish and maintain such reserves, special funds and accounts, to be held in trust or otherwise, as may be required by any agreement with the authority and/or any municipality in the service area.
26. With the consent of the chief executive officer of a municipality within the service area, to use officers and employees of such municipality and to pay a proper portion of compensation or costs for the services of such officers or employees.
27. For the purposes of article fifteen-A of the executive law only, the authority shall be deemed a state agency as that term is used in such article, and its contracts for procurement, design, construction, services and materials shall be deemed state contracts within the meaning of that term as set forth in such article.
28. To do all things necessary, convenient or desirable to carry out its purposes and for the exercise of the powers granted in this title.
    (Added L.1994, c. 647, § 1.)

Historical and Statutory Notes

Effective Date. Section effective Aug.2, 1994, pursuant to L.1994, c. 647, § 3.
Former § 1226-f. Section, added L.1990, c. 730, § 1, related to transfer of officers and employees and was repealed by L.1994, c. 647, § 1, eff. Aug. 2, 1994.

1. The board of water supply or any municipality may, by resolution approved by a majority of the entire voting strength of the applicable governing body of the board of water supply 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 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 one thousand two hundred twenty-six-e of this title shall be filed by the county executive and terminating one hundred 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 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 board of water supply or municipality, as the case may be, shall agree to be fair, adequate and reasonable. The initial agreement providing for the transfer by the board of water supply or the city of the water supply, transmission and distribution system of the board of water supply or the city existing on the date on which this title shall become law shall, notwithstanding section six-I of the general municipal law or any other general, special or local law or charter provision to the contrary, provide that the purchase or acquisition price, including cash proceeds and any installments to be paid by the authority to the board of water supply or to the city over a period of years, shall be paid to the city and deposited when received by the city in a trust fund hereby created and entitled "city of Utica capital improvement trust fund". Moneys in such trust fund shall be invested in the same manner as moneys of the city held in a capital reserve fund established pursuant to section six-c of the general municipal law may be invested. Not exceeding ninety per centum of the interest earned or capital gain realized by the city in the immediately preceding fiscal year of the city from any such investment may be authorized to be and thereafter expended in the next fiscal year by a majority vote of the council of the city for any city object or purpose defined as a capital improvement in subdivision nine of section two of the local finance law or to pay principal of or interest on obligations of the city issued for any such capital improvement after the date on which this title shall take effect, provided: (i) the mayor shall have theretofore submitted to the council and the council shall have approved a five year capital plan for the city, (ii) the capital improvement or improvements for which such moneys will be expended is described and approved in such capital plan, (iii) no such expenditure of interest or capital gain shall be made unless the principal corpus then in such trust fund shall be, on the date on which such expenditure is made, at least ten million dollars, and (iv) the principal corpus remaining in such trust fund after such expenditure has been made shall be at least ten million dollars. The capital plan may be revised, from time to time, by the mayor and the council and may be amended, from time to time, as the mayor and the council shall determine necessary and appropriate. Any amount of interest earned or capital gain realized from any such investment and not expended in any fiscal year of the city as herein provided shall, on the first day of the next succeeding fiscal year of the city, be added to and become a part of the principal corpus of said trust fund. Not exceeding ten per centum of the principal corpus then in such trust fund may be authorized to be and thereafter expended in any single fiscal year of the city by a vote of not less than two-thirds of the entire voting strength of the council for any city object or purpose defined as a capital improvement in subdivision nine of section two of the local finance law or to pay principal of or interest on obligations of the city issued for any such capital improvement after the date on which this title shall take effect, provided: (i) no such expenditure from the principal corpus of such trust fund shall be made unless the principal corpus then in such trust fund shall be, on the date on which such expenditure is made, at least ten million dollars, and (ii) the principal corpus then remaining in such trust fund after such expenditure has been made shall be at least ten million dollars. Notwithstanding any provision of any general or local law or charter provision, neither the principal corpus of such trust fund nor any interest or capital gain realized from the investment thereof shall be utilized, transferred or advanced for any purpose or to any fund. 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 board of water supply or such municipality 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. Notwithstanding the provisions of any general, special or local law or charter to the contrary, any action taken by the board of water supply or any municipality pursuant to this subdivision shall not be subject to a permissive or mandatory referendum and any such property, real, personal or mixed or any interest therein, need not be sold at public auction.
2. Any such agreement shall set forth the liabilities of the board of water supply or of any municipality 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 board of water supply or any municipality to the water board of any funds, including the remaining proceeds of any bonds or notes issued for any water facility, to be transferred by the board of water supply or municipality to the water board as may be determined appropriate by such board of water supply or municipality and the water board.
4. The board of water supply, 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 water 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. Any application filed or proceeding heretofore commenced in relating* to any water facility 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 board of water supply or applicable municipality to the water board unless such assignment and transfer is prohibited by federal law.
7. The rules and regulations of the water board may provide for the discontinuance or disconnection of the supply of water by the water board for r :on-payment of fees, rates or other charges therefor imposed by the water board, provided such discontinuance or disconnection of any supply of water 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.
   (Added L.1994, c. 647, § 1.)
   * So in original. Probably should be "relation".

Historical and Statutory Notes

Effective Date. Section effective Aug. 2, 1994, pursuant to L.1994, c. 647, § 3.
Former § 1226-g. Section, added L.1990, c. 730, § 1, related to bonds of the Greater Utica area water purification finance authority and was repealed by L.1994, c. 647, § 1, eff. Aug. 2, 1994.

1. The authority, the wat.er board, the board of water supply and any municipality may enter into agreements for the purpose of providing for the construction and financing of a project.
2. Any such agreements: (i) shall describe in sufficient detail for reasonable identification the particular project to be financed in whole or in part by the authority, (ii} shall describe the plan for the financing of the cost of the construction of such project, including the amount, if any, to be provided by a water board and the source or sources thereof, (iii) shall set forth the method by which and by whom and the terms and conditions upon which moneys provided by the authority shall be disbursed, (iv) may require, in the discretion of the authority, the payment to the authority of the proceeds of any state and federal grants available to the water board, (v) shall provide for the establishment of user fees, rates and other charges and the charging and collection thereof by the water board for the use of, or services furnished, rendered or made available by such project such as to provide that the water board receive revenues at least sufficient, together with other revenues of the water board, if any, to meet the requirements of this title, (vi) may provide for the transfer by the board of water supply or by any municipality to the water board pursuant to this title of ownership of any project, (vii) may provide for the construction and completion of such project by such municipality or the water board and for the operation, maintenance and repair thereof, subject to such terms and conditions, not inconsistent with this title, which may be in the public interest and necessary or desirable properly and adequately to secure the holders of bonds of the authority, (viii) shall provide for the discontinuance or disconnection of the supply of water for non-payment of fees, rates or other charges therefor imposed by the water board, provided such discontinuance or disconnection of any supply of water 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, and (ix) in the discretion of the authority, require reports concerning the project from the water board to the authority and any municipality.
3. If the city executes an agreement pursuant to this section, relating to the financing of projects by revenue bonds, it shall have and shall be deemed to have annulled its power to levy user fees, rents and other charges on participating properties or customers for the cost of financing, operating and maintaining such projects under its jurisdiction until all bonds of the authority shall have been paid or discharged in accordance with the agreement and the resolution of the authority authorizing such bonds. If the city has outstanding general obligation bonds issued for acquiring or constructing water or sewerage facilities, whether the bonds are payable from revenues, special assessments, or truces, it may authorize the authority pursuant to the agreement to issue its revenue bonds under this title for the purpose of retiring the outstanding bonds.
4. No such agreement shall be executed until the water board shall have held a public hearing at which users of the project shall have had opportunity to be heard concerning the proposed provisions thereof. Notice of such hearing shall be published not less than ten nor more than twenty days in advance in a newspaper or newspapers having a general circulation in the service area as designated by the water board.
5. Such agreement shall be effective upon the issuance by the authority of bonds to finance the cost of constructing projects of the city or the water board.
6. Any such agreement may be amended, revised or extended by supplemental agreements authorized and executed in the same manner as the original agreement, provided that any such supplemental agreement shall not be inconsistent with the provisions of this title.
7. (a) Following the execution of the initial agreement by and between the authority, the water board, the board of water supply and any municipality pursuant to this section, the secretary of the water board shall, and following the execution of any subsequent agreement by and between the authority, the water board, the board of water supply, and any municipality pursuant to this section may, publish a notice in· substantially the following form:
   

   "Notice is hereby given that (here insert the parties to the agreement) (has) (have) on the ____ day of ____ entered into an agreement with the upper Mohawk valley regional water finance authority in relation to the construction and financing of (here insert a brief description of the water project or facility to which such agreement relates) pursuant to the upper Mohawk valley regional water finance authority act for the purpose of placing its water facilities on an independent basis) imposing fees and rates on water users, which, together with other revenues available for such purposes, if any, are sufficient to pay to the authority debt service on bonds issued by the authority pursuant to the agreement and for operation and maintenance of the facility (title to which is transferred to the water board pursuant to the agreement). Such agreement in general terms provides (here insert a brief summary of the substantive provisions of such agreement).

   A copy of the complete agreement is on file for public inspection in the office of the secretary of the water board where the same may be examined by any interested person during regular business hours. The validity of the agreement may be hereafter contested only upon the ground or grounds that: (i) such agreement violates, or the performance of any provision thereof by any party thereto would violate, the provisions of the state constitution or (ii) the provisions of law which should have been complied with in relation to the authorization and execution thereof were not substantially complied with, and an action) suit or proceeding is commenced within sixty days after the date of this notice."

   (b) The publication authorized by this subdivision shall be in a newspaper or newspapers having a general circulation in the service area as designated by the water board.

   (c) After the expiration of the sixty day period set forth in such notice, the validity of such agreement shall be conclusively presumed and the validity thereof shall not thereafter be questioned by either a party plaintiff or a party defendant and no court shall have jurisdiction in any action, suit or proceeding contesting such validity.

   (d) Neither any error nor omission in the notice of publication provided for in this subdivision shall affect or impair the validity of an agreement executed pursuant to this section so long as the notice substantially conforms to the provisions of this section.

   (Added L.1994, c. 647, § 1.)

Historical and Statutory Notes

Effective Date, Section effective Aug. 2, 1994, pursuant to L.1994, c. 647, § 3
Former § 1226-h. Section, added L.1990, c. 730, § 1, related to remedies of bondholders and was repealed by L.1994, c. 647, § l, eff. Aug. 2, 1994,

1. The water board shall establish, fix and revise, from time to time, fees, rates or other charges for the use of, or services furnished, rendered or made available by, all projects and water facilities owned, leased or utilized by the water board pursuant to this title in an amount at least sufficient at all times so as to provide funds in an amount sufficient. together with other revenues available to the board, if any, (i) to pay to the authority, in accordance with any agreement with the authority, an amount sufficient for the purpose of paying the principal of and the interest on the outstanding bonds of the authority as the same shall become due and payable and maintaining or funding a capital or debt service reserve fund therefor, if any, or any other fund determined necessary by the authority, and, if applicable (ii) to pay to any municipality, in accordance with this title or any agreement entered into pursuant to this title, an amount sufficient for the purpose of paying any payment in lieu of taxes as the same shall become due and payable, (iii) to raise an amount sufficient for the purpose of paying the costs of administering, maintaining, repairing and operating any water facility, (iv) to meet any requirements of any agreement, including requirements relating to the establishment of reserves for renewal and replacement and for uncollected charges and covenants respecting rates, (v) to pay all other reasonable and necessary expenses of the authority and the water board in relation thereto, and (vi) to pay or provide for such other purposes or projects as the water board considers appropriate and In the public interest.
2. No fee, rate or other charge shall be established, fixed or revised unless and until the water board has held a public hearing at which the users of the water facility, the owners of property served or to be served and other interested persons have had an opportunity to be heard concerning the same. Notice of such public hearing shall be published by the water board not less than ten nor more than twenty days before the date set therefor in a newspaper or newspapers having general circulation in the service area, as shall be designated by the water board. Such notice shall set forth the date, time and place of such hearing and shall include a brief description of the matters to be considered at such hearing. A copy of the notice shall be filed in the office of the secretary of the water board and shall be available for inspection by the public. At all such hearings, all users of the water facilities, owners of property served or to be served and any other interested persons shall have an opportunity to be heard concerning the matters under consideration. Any decision of the water board on matters considered at such public hearing shall be in writing and be made available in the office of the secretary of the water board for public inspection. Such decision shall be published in a newspaper or newspapers having a general circulation in the service area as shall be designated by the water board not later than thirty days after such decision is made. The fees, rates or other charges so established for any class of users of property served shall be extended to cover any additional premises thereafter served which are within the same class, without the necessity of a hearing thereon. The water board shall exempt the facility currently operated by the Utica zoological society and located on Steele Hill road, Utica, commonly known as the Utica zoo, from the payment of fees, rates or charges for water. The water board may also determine to exempt the municipalities within the service area from the payment of all or any part of fees, rates or other charges as the water board deems appropriate; provided, however, that (i) any such exemption shall be established by and set forth In a resolution of the governing body of the water board, (ii) such resolution shall be mailed or delivered to all municipalities within or partly within the service area prior to the date on which any such exemption shall take effect, and (iii) any such exemption shall apply equally and uniformly to all such municipalities.
3. The fees, rates or other charges established, fixed and revised from time to time by the water board shall be collected by the water board at such times and In such manner as may be determined by the rules and regulations adopted by the water board consistent with the provisions of this title.
4. Such fees, rates or other charges, if not paid when due, shall constitute a lien upon the premises served and a charge against the owners thereof, which lien and charge shall bear interest at the same rate as would unpaid truces of the county. Such lien shall take precedence over all other liens or encumbrances, except truces, and may be foreclosed against the lot or building served in the same manner as a lien for such truces. The amount which remains due and unpaid for sixty days may, with interest thereon at the same rate as unpaid county taxes and with reasonable attorneys' fees, be recovered by the water board in a civil action in the name of the water board against such owners. In addition to any other lawful enforcement methods and pursuant to rules and regulations of the water board promulgated pursuant to this title, the payment of fees, rates, or other charges for water service to any premises may be enforced by discontinuing the water service to such premises provided that such discontinuance or disconnection of any supply of water 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.
5. The water board shall pay to the authority such amounts at such times and in such manner as may be provided in the agreement by and among the authority, the water board, the board of water supply, and any municipality consistent with the priorities set forth in such agreement. There is hereby created a lien, by this title made a statutory lien within the meaning of the uniform commercial code and any other state or federal law, upon the gross revenues of the water board, in favor of the payment of all amounts due pursuant to such agreement and in the order and priority set forth therein and which lien shall be a first lien upon such gross revenues. The gross revenues so subject to such statutory lien shall be and remain subject to such statutory lien until the payment in full of each such item in accordance with such priority. Said statutory lien shall not be construed to give any holder or owner of any bond of the authority power to compel the sale of any water facility.
6. If there be any default by the water board, in the making of the payments to the authority required under this title, as a result of the failure by the water board to impose sufficient fees, rates or other charges, the authority may petition for the appointment by any court having jurisdiction in any proper action of a receiver to administer on behalf of the water board, under the direction of said court, the affairs of the water board in order to achieve revenues at least sufficient to make such payments; and by and with the approval of said court, to establish, fix and revise, from time to time, fees, rates or other charges at least sufficient therefor in conformity with this title, and the resolution or trust indenture of the authority providing for the issuance of its bonds and in accordance with such orders as the court shall make.
7. The water board shall prepare and transmit to each town in the service area on or before the first day of September in each year, to each village in the service area on or before the first day of February in each year and to the city on or before the first day of February in each year a list of those persons or property owners within such municipality who are in arrears in the payment of fees, rates, or other charges for a period of sixty days or more after the last day fixed for payment thereof without penalty. The list shall contain a brief description of the properties for which the services were provided, the names of the persons liable to pay for the same and the amounts chargeable to each, including applicable penalties and interest. The municipality shall levy or cause to be levied such sums against the properties liable and shall state the amount thereof in a separate column in the annual tax rolls of such municipality under the name of "delinquent water charges". Such amounts, as and when collected by such municipality, shall be paid over to the water board. All of the provisions of the tax laws of the state covering the enforcement and collection of unpaid truces of an applicable municipality shall apply to the collection of such unpaid fees, rates or other charges. In the event that the enforcement of unpaid taxes, including unpaid delinquent water charges, does not yield moneys sufficient to pay in full all unpaid taxes including unpaid delinquent water charges, the amount of unpaid water charges to be paid to the water board shall be prorated.
8. Neither the public service commission, the department of environmental conservation nor any municipal or state agency, shall have any jurisdiction over the water board or the authority or any power over the regulation of the fees, rates or other charges established, fixed or revised by the water board except as provided by law with respect to the supply of water to users outside the service area. The decision dated September fourteen, nineteen hundred thirty-seven of the water power and control commission, predecessor to the department of environmental conservation, with respect to the supply, distribution of and payment for water by and to the city shall be of no force and effect subsequent to the date on which the water board shall supply, distribute and sell water in the service area pursuant to this title.
   (Added L.1994, c. 647, § 1.)

Historical and Statutory Notes

Effective Date. Section effective Aug. 2, 1994, pursuant to L.1994, c. 647, § 3.
Former § 122&-I. Section, added L.1990, c. 730, § 1, related to liability on bonds of the Greater Utica area water purification finance authority and was repealed by L.1994, c. 647, § 1, eff. Aug. 2, 1994.

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.
   (Added L.1994, c. 647, § 1.)

Historical and Statutory Notes

Effective Date. Section effective Aug. 2, 1994, pursuant to L.1994, c. 647, § 8.
Former § 1226-j. Section, added L.1990, c. 780, § 1, related to moneys of the Greater Utica area water purification finance authority and was repealed by L.1994, c. 647, § 1, eff. Aug. 2, 1994.

1. In accordance with the provisions of section seventy of the civil service law, any officer or employee of the board of water supply, may, at the request of the authority and with the consent of such board, be transferred to the authority and shall be eligible for such transfer and appointment, without further examination, to applicable offices, positions and employment under the authority. Any such officers or employees so transferred to the authority pursuant to this section, who are members of or benefit under any existing pension or retirement fund or system, shall continue to have all rights, privileges, obligations and status with respect to such fund or system as are now prescribed by law, but during the period of their employment by the authority, all contributions to such funds or systems to be paid by the employer on account of such officers or employees shall be paid by the authority.
2. A transferred employee shall remain in the same collective bargaining unit as was the case prior to his or her transfer; successor employees to the positions held by such transferred employees shall, consistent with the provisions of article fourteen of the civil service law, be included in the same unit as their predecessors. Employees serving in positions in newly created titles shall be assigned to the same collective bargaining unit as they would have been assigned to such unit were such titles created prior to the establishment of the authority. Nothing contained in this title shall be construed (a) to diminish the rights of employees pursuant to a collective bargaining agreement or (b) to affect existing law with respect to an application to the public employment relations board seeking a designation by the board that certain persons are managerial or confidential.
   (Added L.1994, c. 647, § 1.)

Historical and Statutory Notes

Effective Date. Section effective Aug. 2, 1994, pursuant to L.1994, c. 647, § 3
Former § 1226-k. Section, added . L.1990, c. 780, § 1, related to bonds as legal investments for fiduciaries and was repealed by L.1994, c. 647, § 1, eff. Aug. 2, 1994.

1. The authority shall have the power and is hereby authorized from time to time to issue bonds, notes or other obligations to pay the cost of any project or for any other corporate purpose, including the establishment of reserves to secure the bonds, the payment of principal of, premium, if any, and interest on the bonds and the payment of incidental expenses in connection therewith. The aggregate principal amount of such bonds, notes or other obligations shall not exceed one hundred million dollars ($100,000,000), excluding bonds, notes or other obligations issued to refund or otherwise repay bonds, notes or other obligations theretofore issued for such purposes; provided, however, that upon any such refunding or repayment the total aggregate principal amount of outstanding bonds, notes or other obligations may be greater than one-hundred million dollars ($100,000,000) only if the present value of the aggregate debt service of the refunding or repayment bonds, notes or other obligations to be issued shall not exceed the present value of the aggregate debt service of the bonds, notes or other obligations so to be refunded or repaid. For purposes hereof, the present values of the aggregate debt service of the refunding or repayment bonds, notes or other obligations and of the aggregate debt service of the bonds, notes or other obligations so refunded or repaid, shall be calculated by utilizing the effective interest rate of the refunding or repayment bonds, notes or other obligations, which shall be that rate arrived at by doubling the semi-annual interest rate (compounded semiannually) necessary to discount the debt service payments on the refunding or repayment bonds, notes or other obligations from the payment dates thereof to the date of issue of the refunding or repayment bonds, notes or other obligations and to the price bid including estimated accrued interest or proceeds received by the authority including estimated accrued interest from the sale thereof. The authority shall have power and is hereby authorized to enter into such agreements and perform such acts as may be required under any applicable federal legislation to secure a federal guarantee of any bonds.
2. The authority shall have power from time to time to renew bonds or to issue renewal bonds for such purpose, to issue bonds to pay bonds, and, whenever it deems refunding expedient, to refund any bond by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and may issue bonds partly to refund bonds then outstanding and partly for any other corporate purpose of the authority. Bonds (other than notes or other evidence of indebtedness) issued for refunding purposes, which have a final maturity date longer than the maturity of the bonds being refunded, shall be approved by a resolution of the county legislature adopted by a majority vote and approved by the county executive, Bonds issued for refunding purposes shall be sold and the proceeds applied to the purchase, redemption or payment of the bonds or notes to be refunded.
3. Bonds issued by the authority may be general obligations secured by the faith and credit of the authority or may be special obligations payable solely out of particular revenues or other moneys as may be designated in the proceedings of the authority under which the bonds shall be authorized to be issued, subject as to priority only to any agreements with the holders of outstanding bonds pledging any particular property, revenues or moneys. The authority may also enter into loan agreements, lines of credit and other security agreements and obtain for or on its behalf letters of credit, insurance, guarantees or other credit enhancements to the extent now or hereafter any costs which the authority is authorized to pay.
4. Bonds shall be authorized by resolution of the authority, be in such denominations and bear such date or dates and mature at such time or times, as such resolution may provide, provided that bonds and renewals thereof shall mature within forty years from the date of original issuance of any such bonds.

   Bonds shall be subject to such terms of redemption, bear interest at such rate or rates, be payable at such times, be in such form, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in such medium of payment at such place or places, and be subject to such terms and conditions as such resolution may provide. Notwithstanding any other provision of law, the bonds of the authority issued pursuant to this section shall be sold to the bidder offering the lowest true interest cost, taking into consideration any premium or discount not less than four nor more that* fifteen days, Sundays excepted, after a notice of such sale has been published at least once in a newspaper of general circulation in the area served by the authority, which shall state the terms of the sale. The terms of the sale may not change unless notice of such change is published in such newspaper at least one day prior to the date of the sale as set forth in the original notice of sale. Advertisements shall contain a provision to the effect that the authority, in its discretion, may reject any or all bids made in pursuance of such advertisements, and in the event of such rejection, the authority is authorized to negotiate a private or public sale or readvertise for bids in the form and manner above described as many times as, in its judgment, may be necessary to effect satisfactory sale.

   Notwithstanding the provisions of the preceding paragraph, whenever in the judgment of the authority the interests of the authority will be served thereby, the members of the authority, on the written recommendation of the chairperson, may authorize the sale of such bonds at private or public sale on a negotiated basis or on either a competitive or negotiated basis. The authority shall set guidelines governing the terms and conditions of any such private or public sales. The private or public bond sale guidelines set by the authority shall include, but not be limited to, a requirement that where the interests of the authority will be served by a private or public sale of bonds, the authority shall select underwriters for each private or public bond sale conducted pursuant to a request for proposal process and consideration of proposals from qualified underwriters taking into account, among other things, qualifications of underwriters as to experience, their ability to structure and sell authority bond issues, anticipated costs to the authority, the prior experience of the authority with the firm, if any, the capitalization of such firms, participation of qualified minority and women-owned business enterprise firms in such private or public sales of bonds of the authority and the experience and ability of firms under consideration to work with minority and women-owned business enterprises so as to promote and assist participation by such enterprises,

   The authority shall have the power from time to time to amend such private bond sale guidelines in accordance with the provisions of this subdivision.

   No private or public bond sale on a negotiated basis shall be conducted by the authority without prior approval of the state comptroller and the county comptroller. The authority shall annually prepare and approve a bond sale report which shall include the private or public bond sale guidelines as specified in this subdivision, amendments to such guidelines since the last private or public bond sale report, an explanation of the bond sale guidelines and amendments, and the results of any sale of bonds conducted during the fiscal year. Such bond sale report may be a part of any other annual report that the authority is required to make.

   The authority shall annually submit its bond sale report to the state comptroller and the county comptroller and copies thereof to the senate finance committee and the assembly ways and means committee.

   The authority shall make available to the public copies of its bond sale report upon reasonable request thereof.

   Nothing contained in this subdivision shall be deemed to alter, affect the validity of, modify the terms of or impair any contract or agreement made or entered into in violation of, or without compliance with, the provisions of this subdivision.

5. Any resolution or resolutions authorizing bonds or any issue of bonds may contain provisions which may be a part of the contract with the holders of the bonds thereby authorized as to:
   1. pledging all or part of the revenues, other monies or property of the authority to secure the payment of the bonds, or any costs of issuance thereof, including but not limited to any contracts, earnings or proceeds of any grant to the authority received from any private or public source subject to such agreements with bond holders as may then exist;
   2. the setting aside of reserves and the creation of sinking funds and the regulation and disposition thereof;
   3. limitations on the purpose to which the proceeds from the sale of bonds may be applied;
   4. the rates, rents, fees and other charges to be fixed and collected by the authority and the amount to be raised in each year thereby and the use and disposition of revenues;
   5. limitations on the right of the authority to restrict and regulate the use of the project or part thereof in connection with which bonds are issued;
   6. limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured and the refunding of outstanding or other bonds;
   7. the procedure, if any, by which the terms of any contract with bond holders may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which such consent may be given;
   8. the creation of special funds into which any revenues or monies may be deposited;
   9. the terms and provisions of any trust, mortgage, deed or indenture securing the bonds under which the bond may be issued;
   10. vesting in a trustee or trustees such properties, rights, powers and duties in trust as the authority may determine which may include any or all of the rights, powers and duties of the trustees appointed by the bond holders to appoint a trustee pursuant to this title or limiting the rights, duties and powers of such trustee;
   11. defining the acts or omissions to act which may constitute a default in the obligations and duties of the authority to the bond holders and providing for the rights and remedies of the bond holders in the event of such default, including as a matter of right appointment of a receiver, provided, however, that such rights and remedies shall not be inconsistent with the general laws of the state and other provisions of this title;
   12. limitations on the power of the authority to sell or otherwise dispose of any project or any part thereof;
   13. limitations on the amount of revenues and other monies to be expended for operating, administrative or other expenses of the authority;
   14. the payment of the proceeds of bonds, revenues and other monies to a trustee or other depository, and for the method of disbursement thereof with such safeguards and restrictions as the authority may determine; and
   15. any other matters of like or different character which in any way affect the security or protection of the bonds or the rights and remedies of bondholders.
6. In addition to the powers herein conferred upon the authority to secure its bonds, the authority shall have power in connection with the issuance of bonds to adopt resolutions and enter into such trust indentures, agreements or other instruments as the authority may deem necessary, convenient or desirable concerning the use or disposition of its revenues or other monies or property, including the mortgaging of any property and the entrusting, pledging or creation of any other security interest in any such revenues, monies or property and the doing of any act, including refraining from doing any act which the authority would have the right to do in the absence of such resolutions, trust indentures, agreements or other instruments. The authority shall have power to enter into amendments of any such resolutions, trust indentures, agreements or other instruments. The provisions of any such resolutions, trust indentures, agreements or other instruments may be made a part of the contract with the holders of bonds of the authority.
7. Any provision of the uniform commercial code to the contrary notwithstanding, any pledge of or other security interest in revenues, monies, accounts, contract rights, general intangibles or other personal property made or created by the authority shall be valid, binding and perfected from the time when such pledge is made or other security interest attaches without any physical delivery of the collateral or furthers act, and the lien of any such pledge or other security interest shall be valid, binding and perfected against all parties having claims of any kind in tort, contract or otherwise against the authority irrespective of whether or not such parties have notice thereof. No instrument by which such a pledge or security interest is created nor any financing statement need be recorded or filed.
8. Whether or not the bonds are of such form and character as to be negotiable instruments under the terms of the uniform commercial code, the bonds are hereby made negotiable instruments within the meaning of and for all the purposes of the uniform commercial code, subject only to the provisions of the bonds for registration.
9. Neither the members of the authority nor any person executing its bonds shall be liable personally on its bonds or be subject to any personal liability or accountability by reason of the issuance thereof.
10. Subject to such agreements with bondholders as may then exist, the authority shall have power out of any funds available therefor to purchase bonds of the authority, which shall thereupon be cancelled, at a price not exceeding (a) if the bonds are then redeemable, the redemption price then applicable plus accrued interest to the next interest payment date, or (b) if the bonds are not then redeemable, the redemption price applicable on the first date after such purchase upon which the bonds become subject to redemption plus accrued interest to the next interest payment date. Bonds so purchased shall thereupon be cancelled.
    (Added L.1994, c. 647, § 1.)
    * So in original. Probably should be "than".

Historical and Statutory Notes

Effective Date. Section effective Aug. 2, 1994, pursuant to L.1994, c. 647, § 3.
Former § 1226-l. Section, added L.1990, c. 730, § 1, related to agreement of the state and was repealed by L.1994, c. 647, § 1, eff. Aug. 2, 1994.

Subject to any resolution or resolutions adopted pursuant to this title:

1. In the event that the authority shall default in the payment of principal of or interest on any issue of bonds after the same shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of thirty days, or in the event that the authority shall fail or refuse to comply with the provisions of this title or shall default in any agreement made with the holders of any issue of bonds, the holders of twenty-five percent in aggregate principal amount of the bonds of such issue then outstanding, by instrument or instruments filed in the office of the clerk of Oneida county and provided or acknowledged in the same manner as a deed to be recorded, may appoint a trustee to represent the holders of such bonds for the purpose herein provided.
2. Such trustee may and, upon written request of the holders of twenty-five percent in principal amount of such bonds outstanding, shall in his, her or its own name:
   1. by action or proceeding in accordance with the civil practice law and rules, enforce all rights of the bondholders, including the right to require the authority to require the water board to collect fees, rates and charges adequate to carry out any agreement as to, or pledge of, such fees, rates and charges and to require the authority to carry out any other agreements with the water board and/or any municipality and/or the holders of such bonds to perform its duties under this title;
   2. bring an action or proceeding upon such bonds;
   3. by action or proceeding, require the authority to account as if it were the trustee of an express trust for the holders of such bonds;
   4. by action or proceeding, enjoin any acts or things which may be unlawful or in violation of the rights of the holders of such bonds; and
   5. declare all such bonds due and payable, and if all defaults shall be made good, then with the consent of the holders of twenty-five percent of the principal amount of such bonds then outstanding, annul such declaration and its consequences.
3. Such trustee shall in addition to the foregoing have and possess all of the powers necessary or appropriate for the exercise of any functions specifically set forth herein or incident to the general representation of bondholders in the enforcement and protection of their rights.
4. The supreme court shall have jurisdiction of any action or proceeding by the trustee on behalf of such bondholders. The venue of any such action or proceeding shall be laid in Oneida county.
5. Before declaring the principal of bonds due and payable, the trustee shall first give thirty days notice in writing to the authority.
6. Any such trustee, whether or not the issue of bonds represented by such trustee has been declared due and payable, shall be entitled as of right to the appointment of a receiver of any part or parts of the properties the revenues of which are pledged for the security of the bonds of such issue, and, subject to any pledge or agreement with holders of such bonds, such receiver may enter and take possession of such part or parts of the properties and shall take possession of all moneys and other property derived from such part or parts of such properties and proceed with any construction thereon or the acquisition of any property, real or personal, in connection therewith which the authority is under obligation to do, and to operate, maintain and reconstruct such part or parts of the properties and collect and receive all revenues thereafter arising therefrom subject to any pledge thereof or agreement with bondholders relating thereto and perform the public duties and carry out the agreements and obligations of the authority under the direction of the court. In any suit, action or proceeding by the trustee, the fees, counsel fees and expenses of the trustee and of the receiver, if any, shall constitute taxable disbursements and all costs and disbursements allowed by the court shall be a first charge on any revenue derived from the properties.
   (Added L.1994, c. 647, § 1,)

Historical and Statutory Notes

Effective Date. Section effective Aug. 2, 1994, pursuant to L;t994, c, 647, § 3.
Former § 1226-m. Section, added L.1990, c. 780, § 1; amended L,1991, c. 166, § 86, related to exemption from taxes, assessments and certain fees and was repealed by L.1994, c. 647, § 1, eff. Aug. 2, 1994.

Neither the state, the water board nor any municipality, other than the authority, shall be liable on the bonds of the authority and such bonds shall not be a debt of either the state, the water board or any municipality, and each such bond shall contain, on the face thereof, a statement to such effect.
(Added L.1994, c. 647, § 1.)

Historical and Statutory Notes

Effective Date. Section effective Aug. 2, 1994, pursuant to L.1994, c. 647, §3.
Former § 1226-n. Section, added L.1990, c. 780, § 1, related to actions against the Greater Utica area water purification finance authority and was repealed by L.1994, c. 647, § 1. eff. Aug. 2, 1994.

All moneys of the authority from whatever source derived shall be paid to the treasurer of the authority and shall be deposited forthwith in a bank or trust company in the state designated by the governing body. The moneys in such accounts shall be paid out on check of the treasurer upon requisition by the governing body or of such other person or persons as the governing body may authorize to make such requisitions. All deposits of such moneys shall be secured by obligations of the United States or of the state of a market value equal at all times to the amount on deposit and all banks and trust companies are authorized to give such security for such deposits. To the extent practicable, consistent with the cash requirements of the authority, all such moneys shall be deposited in interest bearing accounts. The authority shall have power, notwithstanding the provisions of this section, to contract with the holders of any bonds as to the custody, collection, security, investment and payment of any moneys of the authority or any moneys held in trust or otherwise for the payment of bonds or in any way to secure bonds, and to carry out any such contract notwithstanding that such contract may be inconsistent with the provisions of this section, Moneys held in trust or otherwise for the payment of bonds or in any way to secure bond and deposits of such moneys may be secured in the same manner as moneys of the authority and all banks and trust companies are authorized to give such security for such deposits. Any moneys of the authority not required for immediate use or disbursement may, at the discretion of the authority, be ninety-eight-a of the state finance law. Subject to the provisions of any contract with bondholders and with the approval of the comptroller, the authority shall prescribe a system of accounts.
(Added L.1994, c. 647, § 1.)

Historical and Statutory Notes

Effective Date. Section effective Aug.2, 1994, pursuant to L.1994, c. 647, § 3.
Former § 1226-o, Section, added L.1990, c. 730, § 1, related to construction and purchase contracts and was repealed by L. 1994, c. 647, § 1, eff. Aug. 2, 1994.

The bonds of the authority are hereby made securities in which all public officials and bodies of the state and all municipalities, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, and administrators, guardians, executors, trustees and other fiduciaries and all other persons whatsoever, who are not or may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest funds including capital in their control or belonging to them. Notwithstanding any inconsistent provision of law, the bonds are also hereby made securities which may be deposited with and may be received by all public officers and bodies of this state and all municipalities for any purposes for which the deposit of bonds or other obligations of this state are now or hereafter may be authorized.
(Added L.1994, c. 647, § 1.)

Historical and Statutory Notes

Effective Date, Section effective Aug. 2, 1994, pursuant to L. 1994, c. 647, § 3.
Former § 1226-p. Section, added L.1990, c. 730, § 1, related to prohibition of interest in contracts and was repealed by L.1994, c. 647, § 1, eff. Aug. 2, 1994.

The state does hereby pledge to and agree with the holders of any bonds issued by the authority pursuant to this title and with those persons or public corporations who may enter into contracts with the authority pursuant to the provisions of this title that the state will not alter, limit or impair the rights hereby vested in the authority to purchase, construct, own and operate, maintain, repair, improve, reconstruct, renovate, rehabilitate, enlarge, increase and extend, or dispose of any project, or any part or parts thereof for which bonds of the authority shall have been issued, to establish and collect rates, rents, fees and other charges referred to in this title, to fulfill the terms of any contracts or agreements made with or for the benefit of the holders of bonds or with any person or public corporation with reference to such project or part thereof, or in any way to impair the rights and remedies of the holders of bonds, until the bonds, together with interest thereon, including interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of the holders of bonds, are fully met and discharged and such contracts are fully performed on the part of the authority. The authority is authorized to include this pledge and agreement of the state in any agreement with the holders of bonds.
(Added L.1994, c. 647, § 1.)

Historical and Statutory Notes

Effective Date. Section effective Aug. 2, 1994, pursuant to L.1994, c. 647, § 3.
Former § 1226-q, Section, added L.1990, c. 730, § 1, related to audit and annual report and was repealed by L.1994, c. 647, § 1, eft'. Aug. 2, 1994.

1. The authority shall not be required to pay any fees, truces, 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 truces 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:
   1. 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;
   2. 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 title1 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;
   3. 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;
   4. 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.
      (Added L.1994, c. 647, § 1.)
      *So in original. Probably should be "effect''.

Historical and Statutory Notes

Effective Date. Section effective Aug. 2, 1994, pursuant to L.1994, c. 647, § 3.
Former § 1226-r. Section, added L.1990, c. 730, § 1, related to limited liability of agents and was repealed by L.1994, c. 647, § 1, eff. Aug. 2, 1994.

1. Except in an action for wrongful death, no action or special proceeding shall be prosecuted or maintained against either the water board or the authority or their members, officers or employees for personal injury or damage to real or personal property alleged to have been sustained by reason of the negligence, tort or wrongful act of either the water board or the, authority or of any member, officer, agent or employee thereof, unless (a) a notice of claim shall have been made and served upon the water board or the authority, as the case may be, within the time limit prescribed by and in compliance with section fifty-e of the general municipal law, (b) it shall appear by and as an allegation in the complaint or moving papers that at least thirty days have elapsed since the service of such notice and that adjustment or payment thereof has been neglected or refused, and (c) the action or special proceeding shall be commenced within one year and ninety days after the happening of the event upon which the claim is based. An action against the board or authority for wrongful death shall be commenced in accordance with the notice of claim and time limitation provisions of title eleven of article nine of this chapter.
2. Wherever a notice of claim is served upon the water board or the authority, the water board or the authority, as the case may be, shall have the right to demand an examination of the claim relative to the occurrence and extent of the injuries or damages for which claim is made, in accordance with the provisions of section fifty-h of the general municipal law.
3. The water board or the authority, as the case may be, may require any person presenting for settlement an account or claim for any cause whatever against the water board or the authority, to be sworn before a member, counsel, officer or employee of the water board or the authority designated for such purpose concerning such account or claim and, when so sworn, to answer orally as to any facts relative to such account or claim. The water board or the authority, as the case may be, shall have power to settle or adjust all claims in favor of or against the water board or the authority, as the case may be.
4. Any action or proceeding to which the authority, water board or the people of the state may be parties, in which any question arises as to the validity of this title, shall be preferred over all other civil causes of action or cases, except election causes of action or cases, in all courts of the state and shall be heard and determined in preference to all other civil business pending therein except election causes, irrespective of position on the calendar. The same preference shall be granted upon application of the authority or its counsel in any action or proceeding questioning the validity of this title in which the authority may be allowed to intervene. The venue of any such action or proceeding shall be laid in the supreme court of the county.
5. The rate of interest to be paid by the water board or the authority upon any judgment for which it is liable, other than a judgment on bonds of the authority, shall be the rate prescribed by section five thousand four of the civil practice law and rules. Interest on payments of principal or interest on any bonds in default shall accrue at the rate or rates set forth in such bonds from the due date thereof until paid or otherwise satisfied.
   (Added L.1994, c. 647, § 1.)

Historical and Statutory Notes

Effective Date. Section effective Aug. 2, 1994, pursuant to L.1994, c. 647, § 3.
Former § 1226-s. Section, added L.1990, c. 730, § 1, related to environmental applications, proceedings, approvals and permits, and was repealed by L.1994, c. 647, § 1, eff. Aug. 2, 1994.

All contracts for construction shall be let by the authority in conformity with the applicable provisions of section one hundred thirty-five of the state finance law and shall be let in accordance with the provisions of state law pertaining to prevailing wages, labor standards and working hours.

The authority may, in its discretion, assign contracts for supervision and coordination to the successful bidder for any subdivision of work for which the authority receives bids. The authority shall not award any construction contract except to the lowest bidder who, in its opinion, is qualified to perform the work required and who is responsible and reliable. The authority may, however, reject any or all bids or waive any informality in a bid if it believes that the public interest will be promoted thereby. The authority may reject any bid if, in its judgment, the business and technical organization, plant, resources, financial standing, or experience of the bidder justifies such rejection in view of the work to be performed.
(Added L.1994, c. 647, § 1.)

Historical and Statutory Notes

Effective Date. Section effective Aug. 2, 1994, pursuant to L.1994, c. 647, § 3.
Former § 1226-t. Section, added L.1990, c. 730, § 1, related to consistency with water power and control commission decision and was repealed by L.1994, c. 647, § 1, eff. Aug. 2, 1994.

1. Definition. As used in this section the term "authority employee" shall mean any member, officer or employee of the authority.
2. Rule with respect to conflicts of interest. No authority employee should have any interest, financial or otherwise, direct or indirect, or engage in any business or transaction or professional activity or incur any obligation of any nature, which is in substantial conflict with the proper discharge of his or her duties in the public interest.
3. Standards.
   1. No authority employee should accept other employment which will impair his or her independence of judgment in the exercise of his or her official duties.
   2. No authority employee should ,accept employment or engage in any business or professional activity which will require the employee to disclose confidential information which he or she has gained by reason of his or her official position or authority.
   3. No authority employee should disclose confidential information acquired by the employee in the course of his or her official duties nor use such information to further his or her personal interests.
   4. No authority employee should use or attempt to use his or her official position to secure unwarranted privileges or exemptions for himself or herself or others.
   5. No authority employee should engage in any transaction as representative or agent of the authority with any business entity in which he or she has a direct or indirect financial interest that might reasonably tend to conflict with the proper discharge of his or her official duties.
   6. An authority employee should not by his or her conduct give reasonable basis for the impression that any person can improperly influence such employee or unduly enjoy his or her favor in the performance of his or her official duties, or that he or she is affected by the kinship, rank, position or influence of any party or person.
   7. An authority employee should abstain from making personal investments in enterprises which he or she has reason to believe may be directly involved in decisions to be made by the employee or which will otherwise create substantial conflict between his or her duty in the public interest and his or her private interest.
   8. An authority employee should endeavor to pursue a course of conduct which will not raise suspicion among the public that he or she is likely to be engaged in acts that are in violation of his or her trust.
   9. No authority employee employed on a full-time basis nor any firm or association of which such an employee is a member nor corporation a substantial portion of the stock of which is owned or controlled directly or indirectly by such employee, should sell goods or services to any person, firm, corporation or association which is licensed or whose rates are fixed by the authority in which such employee serves or is employed.
   10. If any authority employee shall have a financial interest, direct or indirect, having a value of ten thousand dollars or more in any activity which is subject to the jurisdiction of a regulatory agency, he or she should tile with the secretary of state a written statement that he or she has such a financial interest in such activity which statement shall be open to public inspection.
4. Violations, in addition to any penalty contained in any other provision of law any such authority employee who shall knowingly and intentionally violate any of the provisions of this section may be fined, suspended or removed from office or employment.
   (Added L.1994, c. 647, § 1.)

Historical and Statutory Notes

Effective Date. Section effective Aug. 2, 1994, pursuant to L.1994, c. 647, § 3.
Former § 1226-u. Section, added L.1990, c. 730, § 1, related to separability of provisions and was repealed by L.1994, c. 647, § 1, eff. Aug. 2, 1994.

The water board and the authority shall ensure that all employees or applicants for employment are afforded equal employment opportunity without discrimination.
(Added L.1994, c. 647, § 1.)

Historical and Statutory Notes

Effective Date. Section effective Aug. 2, 1994, pursuant to L.1994, c. 647, § 3.
Former § 1226-v. Section, added L.1990, c. 730, § 1, related to effect of inconsistent provisions and was repealed by L.1994, c. 647, § 1, eff. Aug. 2, 1994.

In conformity with the provisions of section five of article ten of the constitution, the accounts of the water board and of the authority shall be subject to the supervision of the comptroller and an annual audit shall be performed by an independent certified accountant. The water board and the authority shall annually submit to the governor and comptroller and to the chairs of senate finance and assembly ways and means committees a detailed report pursuant to the provisions of section two thousand eight hundred of this chapter, and a copy of such report shall be filed with the clerk of the county and city and of each town and village in the service area.
(Added L.1994, c. 647, § 1.)

Historical and Statutory Notes

Effective Date. Section effective Aug. z, 1994, pursuant to L.1994, c. 647, § 3.

Neither the members of the governing body of either the water board or of the authority, nor any officer or employee acting in their behalf, shall be subject to any personal liability resulting from the construction, maintenance or operation of any of the properties of either the water board or the authority or from carrying out any of the powers expressly given in this title; provided, however, that this section shall not be held to apply to any independent contractor.
(Added L.1994, c. 647, § 1.)

Historical and Statutory Notes

Effective Date. Section effective Aug, l, 1994, pursuant to L.1994, c, 647, § 3.

If any clause, sentence, paragraph, section, or part of this title shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof involved in the controversy in which such judgment shall have been rendered.
(Added L.1994, c, 647, § 1.)

Historical and Statutory Notes

Effective Date. Section effective Aug. l, 1994, pursuant to L.1994, c. 647, § 3.

In so far as the provisions of this title are inconsistent with the provisions of any other act, general or special, or of any charter, local law, ordinance or resolution of any municipality, the provisions of this title shall be controlling. Nothing contained in this section shall be held to supplement or otherwise expand the powers or duties of the authority otherwise set forth in this title. Except as specifically provided for in this title, in the performance of any of its functions, powers and duties, the authority shall be subject to all applicable general or special laws of the state, the county charter, and any local law, ordinance or resolution of the county.
(Added L.1994, c. 647, § 1.)

Historical and Statutory Notes

Effective Date. Section effective Aug. 2, 1994, pursuant to L.1994, c. 647, § 3.

PUBLIC AUTHORITIES LAW
TITLE [10] 7-A-GREAT NECK WATER AUTHORITY [REPEALED]
[§§ 1230 to 1252. Repealed. L. 1985, c. 795, § 3, eff. Aug. 1, 1985]

Historical and Statutory Notes

Section 1230, formerly § 1250, added L.1969, c. 789; renumbered § 1230,L,1966. c. 824, § 2, provided that this title would be cited as the "Great Neck water authority act".

Section 1231, formerly § 1251, added L.1959, c. 789; renumbered § 1231,L.1965, c. 324, § 2, defined terms employed in this article

Section 1232, formerly§ 1252, added L.1959, c. 789; renumbered § 1232, L.1966, c. 324, § 2, related to the Great Neck water authority district. See, now, section 1197-c.

Section 1233, formerly § 1253, added L.1969, c. 789; amended L. 1960, c. 266; L.1961, c. 836, § 1; renumbered § 1233, L.1966, c. 324, § 2, related to the establishment, membership, officers, operation, and purposes of, employment of personnel by, and appropriation of funds for, the Great Neck water authority. See, now, section 1197-d.

Section 1234, formerly § 1254, added L.1959, c. 789; amended L.1961, c. 836, § 2l L.1963, c. 830, § 1; renumbered § 1234, L.1965, c. 324, § 2, provided for powers of the authority. See, now section 1197-e.

Section 1235, formerly § 1255, added L.1959, c. 789; renumbered § 1235, L.1966, c. 324, § 2, related to moneys of the authority. See, now, section 1197-j.

Section 1236, formerly § 1256, added L.1959, c. 789; amended L.1962, c.552, § 58; renumbered § 1236, L.1965, c.324, § 2; amended L.1969, c. 972, § 44, related to bonds of the authority. See, now, section 1197-g.

Section 1237, formerly § 1257, added L.1969, c. 789; renumbered § 1237, L.1966, c. 324, § 2; amended L.1969, c. 972, § 45, related to notes of the authority.

Section 1238, formerly § 1258, added L.1959, c. 789; renumbered § 1238, L.1965, c. 324, §· 2, related to the duty of the authority to maintain and operate and where necessary t-0 reconstruct its properties.

Section 1239, formerly § 1259, added L.1959, c. 789; renumbered § 1239, L.1965, c. 324, § 2; amended L.1971, c. 1082, § 4, related to the transfer of officers and employees. See, now, section 1197-f.

Section 1240, formerly § 1260, added L.1959, c. 789; renumbered § 1240, L.1965, c. 324, § 2, related to agreements of the state. See, now, section 1197-l.

Section 1241, formerly § 1261, added L.1959, c. 789; renumbered § 1241, L.1965, c. 324, § 2, provided that the state of New York and the county of Nassau and any towns and municipalities thereof would not be liable on bonds or notes. See, now, section 1197-i.

Section 1242, formerly § 1262, added L.1969, c. 789; renumbered § 1242, L.1965, c. 324, § 2, related to bonds and notes as legal investments for fiduciaries, See now, section 1197-k.

Section 1243, formerly § 1263, added L,1959, c. 789; renumbered § 1243, L.1966, c. 324, § 2, related to exemptions from taxes. See, now, section 1197-m.

Section 1244, formerly § 1264, added L.1959, c. 789; renumbered § 1244, L.1965, c. 324, §2, related to tax contracts by the state. See now, section 1197-m.

Section 1245, formerly § 1265, added L.1959, c. 789; renumbered § 1245, L.1965, c. 324, § 2, provided that officers, members, agents, servants and employees of the authority were not to have an interest in transactions which the authority was empowered to make by this title. See, now, section 1197-o.

Section 1246, formerly § 1266, added L.1959, c. 789; renumbered § 1246, L.1965, c. 324, § 2, related to the awarding of contracts, or orders, for work, materials or supplies performed or furnished in connection with construction. See, now, section 1197-p.

Section 1247, formerly § 1267, added L.1969, c. 789; amended L.1962, c. 310, § 340; renumbered § 1247, L.1966, c. 324, § 2, related to remedies of bondholders. See, now, section 1197-h.

Section 1248, formerly § 1268, added L.1959, c. 789; renumbered § 1248, L.1966, c. 324, § 2, related to actions against the authority. See, now, section 1197-n.

Section 1249, formerly § 1269, added L.1959, c. 789; renumbered § 1249, L.1965, c. 324, § 2, related to limitation of liability.

Section 1250, formerly § 1270, added L.1959, c. 789; renumbered § 1250, L.1965, c. 324, § 2, provided for a referendum on the question of whether the Great Neck water authority created by this title should be authorized.

Section 1251, formerly § 1271, added L.1959, c. 789; renumbered § 1251, L.1965, c. 324, § 2, provided that the remaining provisions of this title would not be affected if any part of it were unconstitutional or ineffective. See, now, section 1197-r.

Section 1252, formerly § 1272, added L.1959, c. 789; renumbered § 1252, L.1965, c. 324, § 2, related to the effect of inconsistent provisions of other laws. See, now, section 1197-11.

Annotations Under Repealed Sections

SECTION 1233 - Cross References

Age not to be a bar to employment by public authorities, see Public Authorities Law § 2851.
Membership on authorities and commissions, see Public Authorities Law § 2825.
Quorums and majorities on boards of public authorities, see Public Authorities Law § 2826.
Removal of authority members, see Public Authorities Law § 2827.
Termination of public authorities, see Public Authorities Law § 2828.

SECTION 1234 - Cross References

Contracts of public authorities, see Public Authorities Law § 2875 et seq.
Just compensation for eminent domain acquisitions of the property of public benefit corporations, see Public Authorities Law § 2900.

SECTION 1235 - Cross References

Funds and accounts of public authorities, see Public Authorities Law § 2890.

SECTION 1239 - Cross References

Transfer of authority officers and employees, see Public Authorities Law § 2850.

SECTION 1242 - Cross References

Investment of funds by insurance companies, see Insurance Law § 1401 et seq.

SECTION 1246 - Cross References

Contracts of public authorities, see Public Authorities Law § 2875 et seq.