N.Y. Public Authorities Law § 2045-t: Pledge by county; contracts with municipalities; powers of municipalities

§ 2045-t. Pledge by county; contracts with municipalities; powers of

municipalities. 1. The county is hereby authorized to pledge to and

agree with the holders of the bonds that the county will not limit or

impair the rights hereby vested in the agency to purchase, construct,

maintain, operate, repair, improve, increase, enlarge, extend,

reconstruct, renovate, rehabilitate or dispose of any project, or any

part or parts thereof, for which bonds of the agency shall have been

issued, to establish and collect rates, rents, fees and other charges

referred to in this title and to fulfill the terms of any agreements

made with the holders of the bonds or with any public corporation or

person with reference to such project or part thereof, or in any way

impair the rights and remedies of the bondholders, until the bonds,

together with interest thereon, with interest on any unpaid installments

of interest and all costs and expenses in connection with any action or

proceeding by or on behalf of the bondholders are fully met and

discharged.

2. The county and one or more municipalities within the county, or the

agency and the county, shall have power to contract from time to time

between or among themselves, or among themselves and with the agency, in

relation to the receiving, transporting, storage, processing or disposal

of solid waste or for the purchase or use of any materials, energy,

by-products or residue generated by or resulting from the operation of

any solid waste management-resource recovery facility. Any such contract

to which the county and any municipality within the county are parties

may include provisions stipulating the maximum rates, rentals, fees and

other charges to be collected for the use of facilities. Any contract to

which the agency and the county are parties may include provisions (i)

requiring the periodic delivery to the facilities of the agency of

minimum amounts of solid waste and providing for specified minimum

periodic payments whether or not such delivery is made, (ii) limiting

the right of the agency to receive or to contract to receive, treat and

dispose of solid waste originating outside the county, or (iii)

requiring the county to pay, within appropriations available therefor,

such amounts as shall be necessary to assure the continued operation and

solvency of the agency, such payments to be determined and paid in such

manner and at such times as may be provided in such contract. To further

the governmental and public purposes of the agency including the

implementation of any contract or proposed contract contemplated by this

title, the county and all other municipalities within the county shall

have power to adopt and amend local laws imposing appropriate and

reasonable limitations on competition, including, without limiting the

generality of the foregoing, as to the municipalities within the county

local laws requiring that all solid waste generated or originating

within their respective boundaries, subject to such exceptions as may be

determined to be in the public interest, shall be delivered to a

specified solid waste management-resource recovery facility; provided,

however, that the county shall not be empowered under this section to

adopt any such local law requiring the delivery of solid waste to a

specified solid waste management-resource recovery facility. Any such

local law shall be adopted in accordance with the procedure provided by

the municipal home rule law, except that no such local law shall be

subject to either mandatory or permissive referendum.

3. The county is hereby authorized to resell or otherwise dispose of

all or any part of the materials, energy, by-products or residue

purchased from the agency pursuant to subdivision two of this section.

Any resale or other disposition may be made in such manner as the county

may deem proper and upon such terms and conditions as may be agreed upon

by the parties thereto.

4. The county and all other municipalities within the county shall

have power to perform such other acts, to enter into such other

contracts, including contracts between or among themselves, execute such

instruments and to undertake such future proceedings as shall be

determined necessary or desirable to effectuate the purposes of this

title, including the making of gifts, grants, loans or contributions to

the agency.

5. Any contract entered into by a municipality pursuant to this

section may be for such term or duration, not to exceed twenty-five

years, as may be agreed upon by the parties thereto, except that any

contract relating to or affecting the security of any project financed

in whole or in part by the agency may provide that the same shall remain

in full force and effect so long as the bonds issued for such project

shall remain outstanding or until adequate provision has been made for

the payment or satisfaction thereof.

6. Any contract entered into pursuant to this section to which the

agency shall be a party may be pledged by the agency as security for any

issue of bonds, and may be assigned, in whole or in part, by the agency

to any public corporation or person which shall construct, purchase,

lease or otherwise acquire any solid waste management-resource recovery

facility, or part thereof, financed in whole or in part by the agency.