§ 2047-T — Pledge by county; contracts with municipalities; powers of municipalities

New York § 2047-T

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

Text

§ 2047-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 collecting, receiving, transporting, storage, processing\nor disposal of solid waste or for the purchase or use of any materials,\nenergy, by-products or residue generated by or resulting from the\noperation of any solid waste management-resource recovery facility. Any\nsuch contract to which the county and any municipality within the county\nare parties may include provisions stipulating the maximum rates,\nrentals, fees and other charges to be collected for the use of\nfacilities. Any contract to which the agency and the county are parties\nmay include provisions (i) requiring the periodic delivery to the\nparticular facilities of minimum amounts of solid waste and providing\nfor specified minimum periodic payments whether or not such delivery is\nmade or (ii) requiring the county to pay, within appropriations\navailable therefor, such amounts as shall be necessary to assure the\ncontinued operation and solvency of the agency, such payments to be\ndetermined and paid in such manner and at such times as may be provided\nin such contract.\n 3. In recognition of existing state policy, as declared in title one\nof article twenty-seven of the environmental conservation law, the\nlegislature hereby affirms the primacy of the local and regional role in\nresource recovery procedures. To further the governmental and public\npurposes of the agency, including the implementation of any contract or\nproposed contract contemplated by this title, the county and all other\nmunicipalities within the county shall have the power to adopt and amend\nlocal laws imposing appropriate and reasonable limitations on\ncompetition 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 county shall take\nprecedence over and shall supersede any inconsistent provisions of any\nsuch local law enacted by a municipality within the county. 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 4. 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 5. 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 purpose of this\ntitle, including the making of gifts, grants, loans or contributions to\nthe agency.\n 6. 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 7. 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