New York Laws
Title 2-A - New York City Municipal Water Finance Authority
1045-H - Transfer of Sewerage or Water Systems by the City to the Water Board.

§ 1045-h. Transfer of sewerage or water systems by the city to the
water board. 1. The city may, acting either by the mayor alone or by
resolution of the board of estimate of the city, enter into an agreement
with the water board for the transfer to the water board, for use in the
exercise of its corporate powers and purposes, the sewerage system or
water system, or both, of the city as the same then shall be owned by
the city. Any such agreement may provide for the transfer of title of
such system or systems by deed, lease or other arrangement to the water
board. To the extent not inconsistent with this title, any such
agreement may impose such limitations or conditions as may be agreed
upon by and between the city and water board with respect to the power
of the water board to sell or otherwise dispose of any property acquired
by the board pursuant to such agreement, and may provide for or
authorize the water board to surrender to the city, property no longer
required by the water board for its public purposes. Notwithstanding the
provisions of any general, special or local law or charter to the
contrary, any action taken by the city pursuant to this subdivision
shall not be subject to a permissive or mandatory referendum.

2. Any such agreement shall set forth the liabilities of the city
which it is contemplated are to be paid by the water board from moneys
available to it; provided, however, that such agreement does not require
the water board to assume the liabilities of the city; provided further,
notwithstanding the foregoing, the city shall continue to be the record
owner for real estate tax purposes of any facilities located outside of
its municipal boundaries.

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

4. The city and the water board are hereby authorized and empowered to
make or enter into any contracts, agreements, deeds, leases, conveyances
or other instruments as may be necessary or appropriate to effectuate
the purposes of this title, and they shall have power and authority to
do so and to authorize the doing of all things incidental, desirable or
necessary to implement the provisions of this title.

5. Notwithstanding the foregoing provisions of this section, no
agreement contemplated by this section shall become effective for any
purpose unless and until the same shall have been approved in writing by
resolution of the authority.

6. Upon the filing by the water board with the clerk of the city and
the secretary of state of a copy of the instruments or documents
effectuating the transfer authorized by this section, the water board
shall take possession of the sewerage system or water system, or both,
of the city thereby transferred.

7. Any application filed or proceeding heretofore commenced in
relation to the sewerage system or water system, or both, transferred to
the water board pending with the state departments of environmental
conservation or health or any other state agency or with the United
States environmental protection agency or any other federal agency or
instrumentality shall inure to and for the benefit of the water board
and be binding upon the water board to the same extent and in the same
manner as if the water board had been a party to such application or
proceeding from its inception, and the water board shall be deemed a
party thereto to the extent not prohibited by any federal law. Any
license, approval, permit or decision heretofore or hereafter issued or
granted pursuant to or as a result of any such application or proceeding
shall inure to the benefit of and be binding upon the water board and
shall be assigned and transferred by the city to the water board unless
such assignment and transfer is prohibited by federal law.

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