§ 1125*2 — Appropriations for purposes of the authority; transfer of property to authority; acquisition of property by county or other municipality ...

New York § 1125*2

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 6-C*: Dutchess County Water and Wastewater Authority
• Art. 5: Public Utility Authorities

Text

* § 1125. Appropriations for purposes of the authority; transfer of\nproperty to authority; acquisition of property by county or other\nmunicipality within the county for authority; contracts with county or\nother municipality. 1. In addition to any powers granted to it by law,\nthe county legislature, or the finance board, as such term is defined in\nthe local finance law, of any other municipality in the county, may,\nfrom time to time, appropriate by resolution sums of money for purposes\nof the authority to defray project costs or any other costs and expenses\nof the authority or to pay amounts payable or anticipated to be payable\nto the authority pursuant to any contract or lease authorized by this\ntitle. Subject to the rights of bondholders, such county legislature or\nfinance board may determine if the moneys so appropriated shall be\nsubject to repayment by the authority to the appropriate municipality\nand, in such event, the manner and time or times for such repayment. In\nthe event there shall remain at the end of any fiscal year of the county\nor any such municipality an unexpended balance of any such\nappropriation, such unexpended balance shall remain on deposit in the\nfund or account and such appropriation shall not lapse.\n 2. The county or any other municipality with the county, may give,\ngrant, sell, convey, loan, license the use of or lease to the authority\nany properties which are useful to the authority in order to carry out\nits powers under this title. Any such transfer of properties shall be\nfor such term and upon such terms and conditions, subject to the rights\nof the holders of any bonds, as the authority and the county or such\nother municipality may agree, including provision for the authority to\nassume the primary responsibility for the payment of any bonds or notes\nissued by the county or such other municipality for such properties.\n 3. The county or any other municipality within the county may acquire\nby purchase or by exercise of the power of eminent domain real property\nin the name of the county or such other municipality for any corporate\npurpose of the authority.\n 4. Notwithstanding the provisions of any other law, general, special\nor local to the contrary, real property acquired by the authority, the\ncounty or any other municipality within the county from the state may be\nused for any corporate purpose of the authority.\n 5. The county, one or more of the municipalities within the county,\nand the authority shall have the power to contract, from time to time,\nbetween or among themselves, in relation to the purchase, sale,\nproduction, accumulation, supply, transmission or treatment of water,\nthe collection, transmission or treatment or disposal of sewage or both\nof the aforesaid, or the construction, use, sale and/or leasing, of any\nwater, sewerage or water and sewerage facility of the authority, which\ncontracts may include any or all of the following provisions: (i)\nrequiring the purchase by the county or any such municipality of\nspecified amounts of water; (ii) requiring the transmission by the\ncounty or any such municipality of specified amounts of sewage to the\nauthority and the payment for the treatment or disposal of such sewage;\n(iii) requiring the use by the county or any such municipality of a\nwater, sewerage or water and sewerage facility; (iv) limiting the right,\nincluding a prohibition, of the county or any such municipality to\nconstruct a water, sewerage or water and sewerage facility which will\nserve the same, or substantially the same, function as a water, sewerage\nor water and sewerage facility constructed or to be constructed by the\nauthority; (v) requiring the authority to reserve capacity in any water,\nsewerage or water and sewerage facility to assure the availability to\nthe county or any such municipality of a specified amount of water, the\ntreatment or disposal of a specified amount of sewage, or of the use of\nany water, sewerage or water and sewerage facility; (vi) providing for\nspecified minimum periodic payments whether or not water is actually\ntaken and used, sewage is actually treated or disposed of, or such\nwater, sewerage or water and sewerage facility is actually used, subject\nto such limitations, exceptions and provisions therein; (vii) requiring\nthe county or any such municipality to pay to the authority such amounts\nas shall be necessary to assure the continued operation of the\nauthority; and (viii) requiring any such municipality to pay to the\ncounty such amount as shall be necessary to assure that the periodic\npayments by the county to the authority will not result in an undue\nburden upon the residents of the county. All such payments shall be\ndetermined and paid in such manner and at such times as may be provided\nin such contracts.\n 6. Any gift, grant, sale, conveyance, loan, contract or lease\nauthorized by this section may be made or entered into by the county,\nany other such municipality and, or, the authority and no such gift,\ngrant, sale, conveyance, loan, contract or lease shall be subject to\nreferendum, permissive or otherwise.\n * NB There are 2 § 1125's\n