N.Y. Public Authorities Law § 2046-t: Agreements with the town

§ 2046-t. Agreements with the town. 1. The town is hereby authorized

to pledge to and agree with the holders of the bonds and notes that:

(a) The town will not limit or alter the rights hereby vested in the

agency to acquire, construct, maintain, reconstruct and operate any

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

and to fulfill the terms of any agreements made with the holders of the

bonds and notes, or in any way impair the rights and remedies of the

bondholders or noteholders, until the bonds or notes, 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 or noteholders, are fully met and

discharged; and

(b) Subject to such exceptions and limitations as may be deemed in the

public interest, no facilities except those acquired, constructed and

operated by the agency will be acquired, constructed or operated by the

town, or by any public benefit or other corporation the members or the

majority of which are appointed by the town board, until all bonds and

notes, together with interest thereon, 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 or

noteholders are fully met and discharged.

2. The town is hereby authorized from time to time to contract with

the agency in relation to the receiving, transporting, storage,

processing or disposal of solid waste or for the purchase or use of

materials, energy, by-products or residue generated by or resulting from

the operation of any solid waste management-resource recovery facility.

Such contracts may be for the periods agreed upon by the parties, but

not exceeding forty years, and without limiting the generality of the

foregoing, may include provisions requiring (i) the periodic delivery of

minimum amounts of solid waste and specified minimum periodic payments

whether or not such delivery is made, and (ii) the payment, within

appropriations available therefor, of 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 contracts.

3. To further the governmental and public purposes of the agency,

including the implementation of any contract or proposed contract

contemplated by this title, the town and all other municipalities within

the town are hereby authorized and empowered to adopt and amend local

laws imposing appropriate and reasonable limitations on competition

within the town, including the areas within any incorporated villages in

the town, with respect to collecting, receiving, transporting,

delivering, storing, processing, and disposing of solid waste or the

recovery by any means of any material or energy product or resource

therefrom, including, without limiting the generality of the foregoing,

local laws requiring that all solid waste generated, originated or

brought 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 any such local law enacted by the town shall take

precedence over and shall supersede any inconsistent provisions of any

such local law enacted by a municipality within the town. 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.