New York Laws
Title 5 - Monroe County Water Authority
1096 - Powers of the Authority.

(2) For the purposes of this subdivision sixteen-b the term "water
facilities" shall mean the acquisition, construction or reconstruction
of or addition to a water supply or distribution system, whether or not
including buildings, land or rights in land, original furnishings,
equipment, machinery or apparatus, or the replacement of such equipment,
machinery or apparatus, which water facilities are to be financed and
owned by the county. For the purpose of this subdivision sixteen-b the
term "water properties" means the source of water supply and the water
supply and distribution system of the authority, including the plants,
works, instrumentalities or parts thereof and appurtenances thereto,
lands, easements, rights in land and water rights, rights of way,
contract rights, franchises, approaches, connections, dams, reservoirs,
water mains and pipe lines, pumping stations and equipment, and any
other property, real, personal or mixed, incidental to and included in
such source of supply and such system or parts thereof, and any
improvements, extensions and betterments, now or hereafter constructed,
acquired or made by the authority, other than the water facilities

constructed by the authority but financed and owned by the county in
accordance with the provisions of this subdivision.
(3) The county may, by resolution of the legislative body of such
county, enter into an agreement or agreements with the authority
providing: (i) that water facilities shall be constructed by the
authority, which water facilities shall be financed and owned by the
county and leased or otherwise made available for the use of the
authority; and (ii) for the transfer to the authority for use in the
execution of its corporate purposes of such water facilities hereafter
financed and owned by the county in accordance with the provisions of
this subdivision; provided, however, that title to such facilities shall
remain in the county.
Such agreement shall constitute a contract for the passing to and
vesting in the county of all rights and properties, including water
properties, of the authority when all liabilities of the authority,
other than its liabilities to the county pursuant to any agreements
entered into pursuant to this subdivision, and the bonds of the
authority have been paid in full or such liabilities or bonds have
otherwise been discharged.
Such agreement or agreements may be amended, modified, changed or
extended by supplemental agreements authorized and executed in the same
manner as the original agreement provided that the provisions of any
such supplemental agreement shall not be inconsistent with the
provisions of this subdivision sixteen-b.
(4) Such agreement shall provide that until the rights and properties,
including the water properties, of the authority shall pass to and be
vested in the county as provided by law, the authority shall act as the
agent of the county: (i) to provide water facilities deemed necessary by
the authority (a) to provide a supply of water sufficient to serve all
customers of the water properties of the authority and of the water
facilities of the county operated and managed by the authority, or (b)
water facilities for the distribution of water deemed necessary by the
authority to serve the territory of the authority within the county; and
(ii) to operate, manage, replace, maintain and repair such water
facilities in conjunction with the water properties of the authority so
that both the water properties of the authority and the water facilities
owned and financed by the county shall be planned, operated and managed
as an integrated water system.
(5) Such agreement shall provide for the transfer to and use by the
authority of such water facilities by lease, license or other
arrangement until such time as all rights and properties, including
water properties, of the authority shall pass to and be vested in the
county as provided by law and shall authorize the authority to take
jurisdiction, control, possession and supervision of such water
facilities and operate, manage, replace, maintain and repair the same
together with the water properties of the authority as an integrated
water system.
(6) Such agreement shall provide that the county shall pay an amount
not to exceed twenty-seven million dollars to provide certain water
facilities to be owned by the county and leased to or otherwise made
available for use by the authority in accordance with the provisions of
such agreement, which water facilities shall be described in terms
sufficient for identification in the first agreement so executed by and
between the county and the authority. The county may issue obligations
pursuant to the local finance law in an amount not to exceed
twenty-seven million dollars to pay the cost of such water facilities.
The provisions of section four hundred of the county charter prohibiting
the financing of permanent improvements by the issuance of obligations

pursuant to the local finance law unless such permanent improvements are
included in a budget of permanent improvements adopted and approved as
provided by such section four hundred shall not be applicable to the
financing of such water facilities by the issuance of such obligations
of the county authority by this paragraph.
(7) Such agreement shall provide that the authority shall pay to the
county for each fiscal year of the county an annual rental for the use
of the water facilities financed and owned by the county which shall be
an operating expense of the authority, and shall be equal to the sum of
the following: (i) the principal of any bonds of the county becoming due
in such fiscal year issued in accordance with any agreement entered into
pursuant to this subdivision; and (ii) the interest on any obligations
of the county, including bonds and notes, issued in accordance with any
such agreement and becoming due in such fiscal year. Such agreement
shall provide such further details as the parties deem necessary with
respect to the time and manner of the payment of such annual rentals in
order to assure that such annual rentals shall be available to the the
county at the times and in the amounts required for the payment of such
principal of bonds of the county and such interest on obligations of the
county. Notwithstanding that the payment of such annual rentals shall be
an operating expense of the authority, such agreement may provide that
payment thereof shall be subordinate to all or any of certain payments
hereinafter described required to be made by a certain trust indenture
between the authority and a trustee dated as of February first, nineteen
hundred fifty-nine. Such payments are the payments required to be made
by said trust indenture to the debt service fund and the debt service
reserve fund both created by such indenture.
(8) Such agreement shall provide that to facilitate the further
acquisition, construction, reconstruction, extension or betterment of
water facilities by the authority to be owned and financed by the
county, other than and in addition to the water facilities to be
financed by the county pursuant to the provisions of paragraph (6) of
this subdivision, the authority, on or before September first in each
year or on or before such earlier date in each year as such agreement
may provide, may submit to the county manager a capital budget for the
calendar year beginning on the succeeding January first of such proposed
water facilities and the estimated cost thereof. Such capital budget
shall be accompanied by a report of the consulting engineers retained by
the authority pursuant to a certain trust indenture of the authority
dated as of February one, nineteen hundred fifty-nine. Such report of
the consulting engineers shall explain the need for or desirability of
such proposed water facilities and shall state that the consulting
engineers have approved the estimated cost thereof. Such capital budget
of the authority and report of such consulting engineers shall describe
such proposed water facilities in terms sufficient for identification.
When received by the county manager, such capital budget of the
authority and the report of the consulting engineers shall be used in
the preparation of the budget of permanent public improvements of the
county required to be prepared by section four hundred of the Monroe
county charter in the same manner as if the providing of such additional
water facilities originally were proposed by the county. The county
shall pay the cost of any water facilities contained in a budget of
permanent improvements after such budget has been adopted. At any time
after the adoption of such budget of permanent improvements the county
may finance any water facilities contained therein pursuant to the
provisions of and in the manner provided by the local finance law.
Notwithstanding any other provisions of this subdivision, in the event
that any item for the providing of water facilities contained in the

capital budget and report of the consulting engineers as submitted to
the county manager shall not be made a part of the budget of permanent
improvements of the county, the authority may, nevertheless, proceed to
construct such proposed water facility as an addition to the water
properties of the authority and finance the same by the issuance of
obligations of the authority, subject, however, to: (i) the provisions
of any resolutions or trust indentures heretofore or hereafter adopted
or executed by the authority, as the case may be, with respect to the
construction of water properties and the financing thereof by the
authority; and (ii) the limitations, if any, on the issuance of bonds or
obligations by the authority contained in any agreement executed
pursuant to this subdivision sixteen-b.
(9) Such agreement may contain further provisions concerning the
following, provided, however, that no provisions in any agreement or any
supplemental agreement thereto shall require the authority to in any way
impair the rights and remedies of the holders of obligations of the
authority pursuant to any resolution or trust indenture of the authority
heretofore adopted or executed authorizing or securing obligations of
the authority: (i) further provisions relating to the annual rentals due
by the authority to the county as provided in this subdivision; (ii)
provisions that the rates, fees, rentals and other charges for the sale
or distribution of water or for other services rendered by the water
properties of the authority shall be in an amount sufficient to fully
comply with any covenants with holders of obligations of the authority
and in addition sufficient to pay the annual rentals payable by the
authority to the county as provided in this subdivision and in any
agreements or supplemental agreements executed in accordance with the
provisions of this subdivision; (iii) provisions limiting the issuance
of bonds or obligations by the authority; (iv) provisions limiting the
power of the authority to sell or otherwise dispose of its water
properties without the consent of the county; (v) providing that when
the rights and properties of the authority shall pass to and be vested
in the county as provided by law the authority shall act as the agent of
the county to plan, construct, operate and manage the water properties
and water facilities then vested in and owned by the county for such
term and extensions of such term as may be provided by any such
agreements; and (vi) such other provisions not inconsistent with the
provisions of this subdivision sixteen-b as the parties shall deem
necessary or desirable to implement the purpose and provisions of this
subdivision sixteen-b.
(10) The proceeds of sale of obligations of the county issued pursuant
to any agreement entered into pursuant to this subdivision shall be
subject to the provisions of section one hundred sixty-five of the local
finance law and shall be paid and disbursed by the director of finance
of the county on requisition by the authority or such person or persons
as the authority may authorize to make such requisitions without further
audit; provided, however, that the director of finance of the county may
require that such requisitions shall be accompanied by properly itemized
and verified or certified bills for materials, supplies or services.
(11) All contracts for the purchase of supplies or equipment or the
construction of water facilities entered into with respect to the
providing of water facilities to be financed and owned by the county and
constructed by the authority shall be subject to all provisions of law
which the county of Monroe would be subject to in relation to
advertising and awarding any such contracts for supplies, equipment or
the construction of water facilities
(12) The provisions of this subdivision sixteen-b shall be independent
and cumulative power for the authority and the county to enter into the

agreements authorized hereby and shall not be construed with or be
limited by any of the provisions of article five-a of the county law and
of this article of the public authorities law.
17. To accept grants, loans or contributions from the United States,
the state of New York, or any agency or instrumentality of either of
them, or the county, or an individual, by bequest or otherwise, and to
expend the proceeds for any purposes of the authority;
18. To do all things necessary or convenient to carry out the powers
expressly given in this title.
19. To contract for the purposes of subdivision twenty-four of section
ten of article two of the highway law.
In exercising the powers granted by this title, the authority shall
not sell water in any area which is served by a water system owned or
operated by a municipality unless the governing board of such
municipality shall adopt a resolution requesting the authority to sell
water in such area.