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New York · Through 2026-09-11

N.Y. Public Authorities Law § 1125*2: Appropriations for purposes of the authority; transfer of property to authority; acquisition of property by county or other municipality ...

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Where this section sits in the code
  1. Public Authorities Law
  2. Article 5. Public Utility Authorities
  3. Title 6-C*. Dutchess County Water and Wastewater Authority

* § 1125. Appropriations for purposes of the authority; transfer of

property to authority; acquisition of property by county or other

municipality within the county for authority; contracts with county or

other municipality. 1. In addition to any powers granted to it by law,

the county legislature, or the finance board, as such term is defined in

the local finance law, of any other municipality in the county, may,

from time to time, appropriate by resolution sums of money for purposes

of the authority to defray project costs or any other costs and expenses

of the authority or to pay amounts payable or anticipated to be payable

to the authority pursuant to any contract or lease authorized by this

title. Subject to the rights of bondholders, such county legislature or

finance board may determine if the moneys so appropriated shall be

subject to repayment by the authority to the appropriate municipality

and, in such event, the manner and time or times for such repayment. In

the event there shall remain at the end of any fiscal year of the county

or any such municipality an unexpended balance of any such

appropriation, such unexpended balance shall remain on deposit in the

fund or account and such appropriation shall not lapse.

2. The county or any other municipality with the county, may give,

grant, sell, convey, loan, license the use of or lease to the authority

any properties which are useful to the authority in order to carry out

its powers under this title. Any such transfer of properties 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 the county or such

other municipality may agree, including provision for the authority to

assume the primary responsibility for the payment of any bonds or notes

issued by the county or such other municipality for such properties.

3. The county or any other municipality within the county may acquire

by purchase or by exercise of the power of eminent domain real property

in the name of the county or such other municipality for any corporate

purpose of the authority.

4. Notwithstanding the provisions of any other law, general, special

or local to the contrary, real property acquired by the authority, the

county or any other municipality within the county from the state may be

used for any corporate purpose of the authority.

5. The county, one or more of the municipalities within the county,

and 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,

the collection, transmission or treatment or disposal of sewage or both

of the aforesaid, or the construction, use, sale and/or leasing, of any

water, sewerage or water and sewerage facility of the authority, which

contracts may include any or all of the following provisions: (i)

requiring the purchase by the county or any such municipality of

specified amounts of water; (ii) requiring the transmission by the

county or any such municipality of specified amounts of sewage to the

authority and the payment for the treatment or disposal of such sewage;

(iii) requiring the use by the county or any such municipality of a

water, sewerage or water and sewerage facility; (iv) limiting the right,

including a prohibition, of the county or any such municipality to

construct a water, sewerage or water and sewerage facility which will

serve the same, or substantially the same, function as a water, sewerage

or water and sewerage facility constructed or to be constructed by the

authority; (v) requiring the authority to reserve capacity in any water,

sewerage or water and sewerage facility to assure the availability to

the county or any such municipality of a specified amount of water, the

treatment or disposal of a specified amount of sewage, or of the use of

any water, sewerage or water and sewerage facility; (vi) providing for

specified minimum periodic payments whether or not water is actually

taken and used, sewage is actually treated or disposed of, or such

water, sewerage or water and sewerage facility is actually used, subject

to such limitations, exceptions and provisions therein; (vii) requiring

the county or any such municipality to pay to the authority such amounts

as shall be necessary to assure the continued operation of the

authority; and (viii) requiring any such municipality to pay to the

county such amount as shall be necessary to assure that the periodic

payments by the county to the authority will not result in an undue

burden upon the residents of the county. All such payments shall be

determined and paid in such manner and at such times as may be provided

in such contracts.

6. Any gift, grant, sale, conveyance, loan, contract or lease

authorized by this section may be made or entered into by the county,

any other such municipality and, or, the authority and no such gift,

grant, sale, conveyance, loan, contract or lease shall be subject to

referendum, permissive or otherwise.

* NB There are 2 § 1125's

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