New York Public Authorities Code § 1115-H

Agreement among the water board, the city and the authority for the provision of projects
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§ 1115-h. Agreement among the water board, the city and the authority\nfor the provision of projects. 1. The authority, the water board and the\ncity, acting by resolution of the common council of the city, may enter\ninto agreements for the purpose of providing for the construction and\nfinancing of a project.\n  2. Any such agreements (i) shall describe in sufficient detail for\nreasonable identification the particular project to be financed in whole\nor in part by the authority, (ii) shall describe the plan for the\nfinancing of the cost of the construction of such project, including the\namount, if any, to be provided by the water board and the source or\nsources thereof, (iii) shall set forth the method by which and by whom\nand the terms and conditions upon which moneys provided by the authority\nshall be disbursed, (iv) may require, in the discretion of the\nauthority, the payment to the authority of the proceeds of any state and\nfederal grants available to the water board, (v) shall provide for the\nestablishment of user fees, rates, rents and other charges and the\ncharging and collection thereof by the water board for the use of, or\nservices furnished, rendered or made available by such system such as to\nprovide that the water board receive revenues at least sufficient,\ntogether with other revenues of the water board, if any, to meet the\nrequirements of subdivision one of section one thousand one hundred\nfifteen-i of this title, provided that revenues received by the water\nboard shall be deposited in a special fund established pursuant to this\ntitle and disbursed to, and upon certification of, the authority, (vi)\nmay provide for the transfer by the city to the water board pursuant to\nsection one thousand one hundred fifteen-g of this title of ownership of\nthe water system or sewerage system, or both as the case may be, of\nwhich such project will form a part, (vii) may provide for the\nconstruction and completion of such project by the city or the water\nboard and for the operation, maintenance and repair thereof as an\nintegrated part of the system of which such project forms a part,\nsubject to such terms and conditions, not inconsistent with this title,\nwhich may be in the public interest and necessary or desirable properly\nand adequately to secure the holders of bonds of the authority, (viii)\nshall provide for the discontinuance or disconnection of the supply of\nwater or the provision of sewerage service, or both, as the case may be,\nfor non-payment of fees, rates, rents or other charges therefor imposed\nby the water board, provided such discontinuance or disconnection of any\nsupply of water or the provision of sewerage service, or both, as the\ncase may be, shall not be carried out except in the manner and upon the\nnotice as is required of a waterworks corporation pursuant to\nsubdivisions three-a, three-b and three-c of section eighty-nine-b and\nsection one hundred sixteen of the public service law, and (ix) in the\ndiscretion of the authority, require reports concerning the project from\nthe water board to the authority and the city.\n  3. If the city executes an agreement pursuant to this section,\nrelating to the financing of projects by revenue bonds, it shall have\nand shall be deemed to have annulled its power to levy user fees, rents\nand other charges on participating properties or customers for the cost\nof financing, operating and maintaining such projects under its\njurisdiction until all bonds of the authority shall have been paid or\ndischarged in accordance with the agreement and the resolution of the\nauthority authorizing such bonds. If the city has outstanding general\nobligation bonds issued for acquiring or constructing water or sewerage\nfacilities, whether the bonds are payable from revenues, special\nassessments, or taxes, it may authorize the authority pursuant to the\nagreement to issue its revenue bonds under this title for the purpose of\nretiring the outstanding bo

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