§ 2045-T — Pledge by county; contracts with municipalities; powers of municipalities

New York § 2045-T

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 13-B: Onondaga County Resource Recovery Agency
• Art. 8: Miscellaneous Authorities

Text

§ 2045-t. Pledge by county; contracts with municipalities; powers of\nmunicipalities. 1. The county is hereby authorized to pledge to and\nagree with the holders of the bonds that the county will not limit or\nimpair the rights hereby vested in the agency to purchase, construct,\nmaintain, operate, repair, improve, increase, enlarge, extend,\nreconstruct, renovate, rehabilitate or dispose of any project, or any\npart or parts thereof, for which bonds of the agency shall have been\nissued, to establish and collect rates, rents, fees and other charges\nreferred to in this title and to fulfill the terms of any agreements\nmade with the holders of the bonds or with any public corporation or\nperson with reference to such project or part thereof, or in any way\nimpair the rights and remedies of the bondholders, until the bonds,\ntogether with interest thereon, with interest on any unpaid installments\nof interest and all costs and expenses in connection with any action or\nproceeding by or on behalf of the bondholders are fully met and\ndischarged.\n 2. The county and one or more municipalities within the county, or the\nagency and the county, shall have power to contract from time to time\nbetween or among themselves, or among themselves and with the agency, in\nrelation to the receiving, transporting, storage, processing or disposal\nof solid waste or for the purchase or use of any materials, energy,\nby-products or residue generated by or resulting from the operation of\nany solid waste management-resource recovery facility. Any such contract\nto which the county and any municipality within the county are parties\nmay include provisions stipulating the maximum rates, rentals, fees and\nother charges to be collected for the use of facilities. Any contract to\nwhich the agency and the county are parties may include provisions (i)\nrequiring the periodic delivery to the facilities of the agency of\nminimum amounts of solid waste and providing for specified minimum\nperiodic payments whether or not such delivery is made, (ii) limiting\nthe right of the agency to receive or to contract to receive, treat and\ndispose of solid waste originating outside the county, or (iii)\nrequiring the county to pay, within appropriations available therefor,\nsuch amounts as shall be necessary to assure the continued operation and\nsolvency of the agency, such payments to be determined and paid in such\nmanner and at such times as may be provided in such contract. To further\nthe governmental and public purposes of the agency including the\nimplementation of any contract or proposed contract contemplated by this\ntitle, the county and all other municipalities within the county shall\nhave power to adopt and amend local laws imposing appropriate and\nreasonable limitations on competition, including, without limiting the\ngenerality of the foregoing, as to the municipalities within the county\nlocal laws requiring that all solid waste generated or originating\nwithin their respective boundaries, subject to such exceptions as may be\ndetermined to be in the public interest, shall be delivered to a\nspecified solid waste management-resource recovery facility; provided,\nhowever, that the county shall not be empowered under this section to\nadopt any such local law requiring the delivery of solid waste to a\nspecified solid waste management-resource recovery facility. Any such\nlocal law shall be adopted in accordance with the procedure provided by\nthe municipal home rule law, except that no such local law shall be\nsubject to either mandatory or permissive referendum.\n 3. The county is hereby authorized to resell or otherwise dispose of\nall or any part of the materials, energy, by-products or residue\npurchased from the agency pursuant to subdivision two of this section.\nAny resale or other disposition may be made in such manner as the county\nmay deem proper and upon such terms and conditions as may be agreed upon\nby the parties thereto.\n 4. The county and all other municipalities within the county shall\nhave power to perform such other acts, to enter into such other\ncontracts, including contracts between or among themselves, execute such\ninstruments and to undertake such future proceedings as shall be\ndetermined necessary or desirable to effectuate the purposes of this\ntitle, including the making of gifts, grants, loans or contributions to\nthe agency.\n 5. Any contract entered into by a municipality pursuant to this\nsection may be for such term or duration, not to exceed twenty-five\nyears, as may be agreed upon by the parties thereto, except that any\ncontract relating to or affecting the security of any project financed\nin whole or in part by the agency may provide that the same shall remain\nin full force and effect so long as the bonds issued for such project\nshall remain outstanding or until adequate provision has been made for\nthe payment or satisfaction thereof.\n 6. Any contract entered into pursuant to this section to which the\nagency shall be a party may be pledged by the agency as security for any\nissue of bonds, and may be assigned, in whole or in part, by the agency\nto any public corporation or person which shall construct, purchase,\nlease or otherwise acquire any solid waste management-resource recovery\nfacility, or part thereof, financed in whole or in part by the agency.\n