§ 2046-t. Agreements with the town.
1.The town is hereby authorized\nto pledge to and agree with the holders of the bonds and notes that:\n (a) The town will not limit or alter the rights hereby vested in the\nagency to acquire, construct, maintain, reconstruct and operate any\nproject, to establish and collect rates, rents, fees and other charges\nand to fulfill the terms of any agreements made with the holders of the\nbonds and notes, or in any way impair the rights and remedies of the\nbondholders or noteholders, until the bonds or notes, together with\ninterest thereon, with interest on any unpaid installments of interest,\nand all costs and expenses in connection with any action or proceeding\nby or on behalf of the bondholders or noteholders, are fully met and\ndischarged; and\n
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§ 2046-t. Agreements with the town. 1. The town is hereby authorized\nto pledge to and agree with the holders of the bonds and notes that:\n (a) The town will not limit or alter the rights hereby vested in the\nagency to acquire, construct, maintain, reconstruct and operate any\nproject, to establish and collect rates, rents, fees and other charges\nand to fulfill the terms of any agreements made with the holders of the\nbonds and notes, or in any way impair the rights and remedies of the\nbondholders or noteholders, until the bonds or notes, together with\ninterest thereon, with interest on any unpaid installments of interest,\nand all costs and expenses in connection with any action or proceeding\nby or on behalf of the bondholders or noteholders, are fully met and\ndischarged; and\n (b) Subject to such exceptions and limitations as may be deemed in the\npublic interest, no facilities except those acquired, constructed and\noperated by the agency will be acquired, constructed or operated by the\ntown, or by any public benefit or other corporation the members or the\nmajority of which are appointed by the town board, until all bonds and\nnotes, together with interest thereon, interest on any unpaid\ninstallments of interest and all costs and expenses in connection with\nany action or proceeding by or on behalf of the bondholders or\nnoteholders are fully met and discharged.\n 2. The town is hereby authorized from time to time to contract with\nthe agency in relation to the receiving, transporting, storage,\nprocessing or disposal of solid waste or for the purchase or use of\nmaterials, energy, by-products or residue generated by or resulting from\nthe operation of any solid waste management-resource recovery facility.\nSuch contracts may be for the periods agreed upon by the parties, but\nnot exceeding forty years, and without limiting the generality of the\nforegoing, may include provisions requiring (i) the periodic delivery of\nminimum amounts of solid waste and specified minimum periodic payments\nwhether or not such delivery is made, and (ii) the payment, within\nappropriations available therefor, of such amounts as shall be necessary\nto assure the continued operation and solvency of the agency, such\npayments to be determined and paid in such manner and at such times as\nmay be provided in such contracts.\n 3. To further the governmental and public purposes of the agency,\nincluding the implementation of any contract or proposed contract\ncontemplated by this title, the town and all other municipalities within\nthe town are hereby authorized and empowered to adopt and amend local\nlaws imposing appropriate and reasonable limitations on competition\nwithin the town, including the areas within any incorporated villages in\nthe town, with respect to collecting, receiving, transporting,\ndelivering, storing, processing, and disposing of solid waste or the\nrecovery by any means of any material or energy product or resource\ntherefrom, including, without limiting the generality of the foregoing,\nlocal laws requiring that all solid waste generated, originated or\nbrought within their respective boundaries, subject to such exceptions\nas may be determined to be in the public interest, shall be delivered to\na specified solid waste management-resource recovery facility; provided,\nhowever, that any such local law enacted by the town shall take\nprecedence over and shall supersede any inconsistent provisions of any\nsuch local law enacted by a municipality within the town. Any such local\nlaw shall be adopted in accordance with the procedure provided by the\nmunicipal home rule law, except that no such local law shall be subject\nto either mandatory or permissive referendum.\n