New York Laws
Title 10 - Upper Mohawk Valley Regional Water Finance Authority
1226-J - Appropriations for Purposes of Water Board or the Authority; Transfer of Property to Water Board or Authority; Acquisition of Property by Municipality

§ 1226-j. Appropriations for purposes of water board or the authority;
transfer of property to water board or authority; acquisition of
property by municipality for authority; contracts with municipality. 1.
In addition to any powers granted to it by law, any municipality may,
from time to time, appropriate by resolution sums of money for purposes
of either the water board or the authority to defray project costs or
any other costs and expenses of either the water board or the authority
or to pay amounts payable or anticipated to be payable to either the
water board or the authority pursuant to any agreement authorized by
this title. Subject to the rights of bondholders, such municipality may
determine if the moneys so appropriated shall be subject to repayment by
either the water board or the authority and, in such event, the manner
and time or times for such repayment.

2. Any municipality may give, grant, sell, convey, loan or license the
use of or lease to either the water board or to the authority any
properties which are useful to either the water board or the authority
in order to carry out their powers under this title. Any such transfer
of property shall be for such term and upon such terms and conditions,
subject to the rights of the holders of any bonds, as the authority and
such municipality may agree, including provision for the authority to
assume the primary responsibility for the payment of any bonds or notes
issued by such municipality for such properties.

3. Notwithstanding the provisions of any other law, general, special
or local to the contrary, real property acquired by either the water
board, the authority or any municipality from the state may be used for
any corporate purpose of either the water board or the authority.

4. One or more of the municipalities within the service area, the
water board and/or the authority shall have the power to contract, from
time to time, between or among themselves, in relation to the purchase,
sale, production, accumulation, supply, transmission, or treatment of
water, and/or the construction, use, sale and/or leasing, of any water
facility of the water board, which contracts may include any or all of
the following provisions: (i) requiring the purchase by any municipality
of specified amounts of water; (ii) requiring the use by any
municipality of a water facility; (iii) limiting the right, including a
prohibition, of any municipality to construct a water facility which
will serve the same, or substantially the same, function as a water
facility constructed or to be constructed by the municipality; (iv)
requiring the water board to reserve capacity in any water facility to
assure the availability to any municipality of a specified amount of
water or of the use of any water facility; (v) providing for specified
minimum periodic payments whether or not water is actually taken and
used, or such water facility is actually used, subject to such
limitations, exceptions and provisions therein, and (vi) requiring any
municipality to pay to the water board such amounts as shall be
necessary to assure the continued operation of the water board. All such
payments shall be determined and paid in such manner and at such times
as may be provided in such contracts.

5. No gift, grant, sale, conveyance, loan, contract or lease
authorized by this section shall be subject to referendum, permissive or
otherwise.