1048-I - Agreement among the water board, the city and the authority for the provision of water projects.

§  1048-i. Agreement among the water board, the city and the authority  for the provision of water projects. 1. The authority, the  water  board  and  the  city,  acting by resolution of the common council of the city,  may  enter  into  agreements  for  the  purpose  of  providing  for  the  construction and financing of a water project.    2.  Any  such  agreements  (i) shall describe in sufficient detail for  reasonable identification the particular water project to be financed in  whole or in part by the authority, (ii) shall describe the plan for  the  financing  of  the  cost  of  the  construction  of  such water project,  including the amount, if any, to be provided by the water board and  the  source or sources thereof, (iii) shall set forth the method by which and  by  whom  and the terms and conditions upon which moneys provided by the  authority shall be disbursed, (iv) may require, in the discretion of the  authority, the payment to the authority of the proceeds of any state and  federal grants available to the water board, (v) shall provide  for  the  establishment  of  user  fees,  rates,  rents  and other charges and the  charging and collection thereof by the water board for the  use  of,  or  services furnished, rendered or made available by such system such as to  provide  that  such board receive revenues at least sufficient, together  with other revenues of the board, if any, to meet  the  requirements  of  subdivision  one  of  section  one thousand forty-eight-j of this title,  provided that revenues received by such board shall be  deposited  in  a  special  fund  established  pursuant to this title and disbursed to, and  upon certification of, the authority, (vi) may provide for the  transfer  by  the  city  to  the  water  board  pursuant  to  section one thousand  forty-eight-h of this title of ownership of the water  system  of  which  such  project will form a part, (vii) shall provide for the construction  and completion of such water project by the city and for the  operation,  maintenance  and  repair  thereof as an integrated part of the system of  which such water project  forms  a  part,  subject  to  such  terms  and  conditions, not inconsistent with this title, which may be in the public  interest  and  necessary  or desirable properly and adequately to secure  the holders of bonds of the authority, provided, however, all  contracts  for  public work and all purchase contracts shall be awarded by the city  as provided by law for the award of such contracts by the city and  that  all  contracts  for  construction  shall  be  let in accordance with the  provisions of state law pertaining to prevailing wages, labor  standards  and  working  hours. Except as otherwise provided in section two hundred  twenty-two of the labor law, when the  entire  cost  of  constructing  a  building as part of any water project shall exceed five hundred thousand  dollars,   the  city  shall  prepare  separate  specifications  for  the  following three subdivisions of the work to be performed:  (a)  plumbing  and  gas  fitting; (b) steam heating, hot water heating, ventilating and  air  conditioning  apparatus;  and  (c)  electric  wiring  and  standard  illuminating  fixtures,  (viii)  shall provide for the discontinuance or  disconnection of the supply of water 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 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, and (ix) in the discretion of the authority, require  reports concerning the project from the water board to the authority and  the city.    2-a. Each bidder on a public work contract, where the  preparation  of  separate  specifications  is  not  required, shall submit with its bid a  separate sealed list that names each subcontractor that the bidder  will  use  to  perform  work on the contract, and the agreed-upon amount to bepaid to each, for: (a) plumbing and gas fitting, (b) steam heating,  hot  water  heating,  ventilating  and  air  conditioning  apparatus  and (c)  electric wiring and standard illuminating fixtures. After the low bid is  announced, the sealed list of subcontractors submitted with such low bid  shall be opened and the names of such subcontractors shall be announced,  and  thereafter  any change of subcontractor or agreed-upon amount to be  paid to each shall require the approval of  the  public  owner,  upon  a  showing  presented  to  the public owner of legitimate construction need  for such change, which shall be open to  public  inspection.  Legitimate  construction  need  shall  include,  but  not be limited to, a change in  project specifications, a  change  in  construction  material  costs,  a  change  to  subcontractor status as determined pursuant to paragraph (e)  of subdivision two of section two hundred twenty-two of the  labor  law,  or   the   subcontractor  has  become  otherwise  unwilling,  unable  or  unavailable  to  perform  the   subcontract.   The   sealed   lists   of  subcontractors  submitted by all other bidders shall be returned to them  unopened after the contract award.    3. If the  city  executes  an  agreement  pursuant  to  this  section,  relating  to  the financing of water projects by revenue bonds, it shall  have and shall be deemed to have annulled its power to levy  user  fees,  rents and other charges on participating properties or customers for the  cost  of  financing, operating and maintaining such water projects under  its jurisdiction until all bonds of the authority shall have  been  paid  or discharged in accordance with the agreement and the resolution of the  authority  authorizing  such  bonds. If the city has outstanding general  obligation bonds issued for acquiring or constructing water  facilities,  whether  the  bonds  are  payable from revenues, special assessments, or  taxes, it may authorize the authority pursuant to the agreement to issue  its revenue bonds under this title  for  the  purpose  of  retiring  the  outstanding bonds.    4.  No such agreement shall be executed until the city and water board  shall have held a public hearing at which  users  of  the  water  system  shall   have  had  opportunity  to  be  heard  concerning  the  proposed  provisions thereof. Notice of such hearing shall be published  at  least  thirty  days in advance in the state register, in the official newspaper  or newspapers of the city, and in at  least  one  newspaper  of  general  circulation in each of the areas served by the water system.    5.  Such  agreement  shall  be  effective  upon  the  issuance  by the  authority of notes and bonds to finance the cost of  constructing  water  projects of the city.    6.  Any  such  agreement  may  be  amended,  revised  or  extended  by  supplemental agreements authorized and executed in the  same  manner  as  the  original  agreement,  provided that any such supplemental agreement  shall not be inconsistent with the provisions of this title.    7. (a) Following the execution of the agreement  by  and  between  the  authority,  the  water  board and the city pursuant to this section, the  clerk of the city, shall publish a notice in substantially the following  form:  "Notice  is  hereby  given  that  the   city   of   Buffalo   has  on         day  of                 entered  into  an  agreement with the  Buffalo  municipal  water  finance  authority   in   relation   to   the  construction  and  financing  of (here insert a brief description of the  water facility or facilities to which such agreement  relates)  pursuant  to  the Buffalo Municipal Water Finance Authority Act for the purpose of  placing its water system on an  independent  basis,  imposing  fees  and  rents  on  water  system  users  which,  together  with  other  revenues  available for such purpose,  if  any,  are  sufficient  to  pay  to  the  authority  debt service on bonds issued by the authority pursuant to the  agreement and for operation and maintenance of the  facility  (title  towhich is transferred to the water board pursuant to the agreement). Such  agreement  in general terms provides (here insert a brief summary of the  substantive provisions of  such  agreement).  A  copy  of  the  complete  agreement is on file for public inspection in the office of the clerk of  the  city where the same may be examined by any interested person during  regular business hours. The validity of this agreement may be  hereafter  contested  only  upon  the  ground  or  grounds that: (i) such agreement  violates, or the performance of  any  provision  thereof  by  any  party  thereto   would  violate,  the  provisions  of  any  law  or  the  state  constitution, or (ii) the provisions  of  law  which  should  have  been  complied  with  in  relation to the authorization and execution were not  substantially complied with,  and  in  any  event  an  action,  suit  or  proceeding is commenced within sixty days after the date of this notice.                                                   (Clerk or other official                                          designated by the common council                                                  of the city of Buffalo)"     (b)  The  publication  authorized  by this subdivision shall be in the  state register and in the official newspaper or newspapers of the city.    (c) After the expiration of the sixty day period  set  forth  in  such  notice the validity of such agreement shall be conclusively presumed and  the  validity  thereof  shall  not  thereafter be questioned by either a  party  plaintiff  or  a  party  defendant  and  no  court   shall   have  jurisdiction in any action, suit or proceeding contesting such validity.    (d)  Neither  any  error  or  omission  in  the  notice of publication  provided for in this subdivision shall affect or impair the validity  of  an  agreement  executed  pursuant  to this section so long as the notice  substantially conforms to the provisions of this section.