N.Y. Public Authorities Law § 2049-u: Contracts with municipalities; powers of municipalities

§ 2049-u. Contracts with municipalities; powers of municipalities. 1.

The town and one or more municipalities within the town, or the

authority and the town, shall have power to contract from time to time

between or among themselves, or among themselves and with the authority

in relation to the collecting, 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 facility. Any such contract

to which the authority and any municipality are parties may include

provisions stipulating the maximum rates, rentals, fees and other

charges to be collected for the use of facilities. To further the

governmental and public purposes of the authority, including the

implementation of any contract or proposed contract contemplated by this

title, the authority and all other municipalities within the town shall

have power to adopt and amend local laws imposing appropriate and

reasonable limitations on competition including, without limiting the

generality of the foregoing, local laws requiring that all solid waste

generated or originated 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 facility. The town

shall be empowered under this section to adopt any such local law

requiring the delivery of solid waste to a specified solid waste

management 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.

2. The town is hereby authorized to resell or otherwise dispose of all

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

received or obtained from the authority pursuant to subdivision one of

this section. Any resale or other disposition may be made in such manner

as the town may deem proper and upon such terms and conditions as may be

agreed upon by the parties thereto.

3. The town and all other municipalities 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 purpose of this title, including the making of gifts,

grants, loans or contributions to the authority.

4. Notwithstanding any other law, general, special or local, any

contract entered into by a municipality in connection with, or in any

manner relating to, any project or facility pursuant to this section may

be for such term or duration, not to exceed twenty years, as may be

agreed upon by the parties thereto, except that any such contract may

provide that the same shall remain in full force and effect so long as

the bonds issued for or in connection with such project, including any

renewals thereof, shall remain outstanding or until adequate provision

has been made for the payment or satisfaction thereof.

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

authority shall be a party may be pledged by the authority as security

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

authority to any public corporation or person which shall construct,

purchase, lease or otherwise acquire any solid waste management

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

authority.