1230-k. Appropriations for purposes of the water board or the authority; transfer of property to the water board or authority; acquisition of property by the city or municipality for the authority; contracts with the city or any municipality. 1. In addition to any powers granted to it by law, the city or any municipality may, from time to time, appropriate by resolution sums of money for purposes of either the water board or the authority to defray project costs or any other costs and expenses of either the water board or the authority or to pay amounts payable or anticipated to be payable to either the water board or the authority pursuant to any agreement authorized by this title. Subject to the rights of bondholders, the city, or such municipality may determine if the moneys so appropriated shall be subject to repayment by either the water board or the authority and, in such event, the manner and time or times for such repayment.
2. The city, any state agency or any municipality may give, grant, sell, convey, loan or license the use of or lease to either the water board or to the authority any properties which are useful to either the water board or the authority in order to carry out their powers under this title. Any such transfer of property shall be for such term and upon such terms and conditions, subject to the rights of the holders of any bonds, as the water board, the authority, such state agency and such municipality may agree, including provision for the authority to assume the primary responsibility for the payment of any bonds or notes issued by the city, such state agency or such municipality for such properties.
3. Notwithstanding the provisions of any other law, general, special or local to the contrary, real property acquired by either the water board, the authority or any municipality from the state or a state agency may be used for any corporate purpose of either the water board or the authority.
4. Any municipality, state agency, the water board and/or the authority shall have the power to contract, from time to time, between or among themselves, or with any other person, in relation to the purchase, sale, production, accumulation, supply, transmission, or treatment of water, or the provision of wastewater or storm water services and/or the construction, use, sale and/or leasing, of any system facility of the water board, which contracts may include any or all of the following provisions: (a) requiring the purchase by any municipality of specified amounts of water, wastewater or storm water services; (b) requiring the use by any municipality of a system facility; (c) limiting the right, including a prohibition, of any municipality to construct a facility which will serve the same, or substantially the same, function as a system facility constructed or to be constructed by the water board; (d) requiring the water board to reserve capacity in any system facility to assure the availability to any municipality of a specified amount of use of any system facility; (e) providing for specified minimum periodic payments whether or not water, wastewater or storm water services are actually taken and used, or such system facility is actually used, subject to such limitations, exceptions and provisions therein, and (f) requiring any municipality to pay to the water board such amounts as shall be necessary to assure the continued operation of the water board. All such payments shall be determined and paid in such manner and at such times as may be provided in such contracts.
5. No gift, grant, sale, conveyance, loan, contract or lease authorized by this section shall be subject to referendum, permissive or otherwise.
6. Any agreement for the supply of water services, wastewater services or storm water services between the city or an agency thereof and any other municipality or state agency, or any administrative determination by a state agency, or any other arrangement in this regard, in effect at the time the water board shall be established, shall remain in full force and effect and be binding upon the water board as if it were a party to such agreement, determination or other arrangement.
7. (a) Notwithstanding any other provision of this title, neither the authority nor the water board shall supply, or enter into any agreement to supply water to any municipality within the Niagara county water district, or any person or entity within the boundaries of the Niagara county water district without the consent and approval by resolution of a majority of the members of the Niagara county water district administrative board; (b) that nothing contained in paragraph (a) of this subdivision, or elsewhere in this title shall affect in any manner either the existing rights of the city, or such rights assumed by the authority or the water board, or the existing rights of any other municipality with respect to those persons or entities presently receiving water from the city.
Last modified: February 3, 2019