§ 2049-U — Contracts with municipalities; powers of municipalities

New York § 2049-U

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 13-F: Town of North Hempstead Solid Waste Management Authority
• Art. 8: Miscellaneous Authorities

Text

§ 2049-u. Contracts with municipalities; powers of municipalities. 1.\nThe town and one or more municipalities within the town, or the\nauthority and the town, shall have power to contract from time to time\nbetween or among themselves, or among themselves and with the authority\nin relation to the collecting, receiving, transporting, storage,\nprocessing or disposal of solid waste or for the purchase or use of any\nmaterials, energy, by-products or residue generated by or resulting from\nthe operation of any solid waste management facility. Any such contract\nto which the authority and any municipality are parties may include\nprovisions stipulating the maximum rates, rentals, fees and other\ncharges to be collected for the use of facilities. To further the\ngovernmental and public purposes of the authority, including the\nimplementation of any contract or proposed contract contemplated by this\ntitle, the authority and all other municipalities within the town shall\nhave power to adopt and amend local laws imposing appropriate and\nreasonable limitations on competition including, without limiting the\ngenerality of the foregoing, local laws requiring that all solid waste\ngenerated or originated within their respective boundaries, subject to\nsuch exceptions as may be determined to be in the public interest, shall\nbe delivered to a specified solid waste management facility. The town\nshall be empowered under this section to adopt any such local law\nrequiring the delivery of solid waste to a specified solid waste\nmanagement facility. Any such local law shall be adopted in accordance\nwith the procedure provided by the municipal home rule law, except that\nno such local law shall be subject to either mandatory or permissive\nreferendum.\n 2. The town is hereby authorized to resell or otherwise dispose of all\nor any part of the materials, energy, by-products or residue purchased,\nreceived or obtained from the authority pursuant to subdivision one of\nthis section. Any resale or other disposition may be made in such manner\nas the town may deem proper and upon such terms and conditions as may be\nagreed upon by the parties thereto.\n 3. The town and all other municipalities shall have power to perform\nsuch other acts, to enter into such other contracts, including contracts\nbetween or among themselves, execute such instruments and to undertake\nsuch future proceedings as shall be determined necessary or desirable to\neffectuate the purpose of this title, including the making of gifts,\ngrants, loans or contributions to the authority.\n 4. Notwithstanding any other law, general, special or local, any\ncontract entered into by a municipality in connection with, or in any\nmanner relating to, any project or facility pursuant to this section may\nbe for such term or duration, not to exceed twenty years, as may be\nagreed upon by the parties thereto, except that any such contract may\nprovide that the same shall remain in full force and effect so long as\nthe bonds issued for or in connection with such project, including any\nrenewals thereof, shall remain outstanding or until adequate provision\nhas been made for the payment or satisfaction thereof.\n 5. Any contract entered into pursuant to this section to which the\nauthority shall be a party may be pledged by the authority as security\nfor any issue of bonds, and may be assigned, in whole or in part, by the\nauthority to any public corporation or person which shall construct,\npurchase, lease or otherwise acquire any solid waste management\nfacility, or part thereof, financed in whole or in part by the\nauthority.\n