Section 1199-FF. Appropriations for purposes of the authority; transfer of property to authority; acquisition of property by the county for authority; contracts with county  


Latest version.
  • 1. In addition to any  powers  granted  to it by law, the county legislature may, from time to time, appropriate
      by  resolution  sums  of  money  for purposes of the authority to defray
      project costs or any other costs and expenses of the authority or to pay
      amounts payable or anticipated to be payable to the  authority  pursuant
      to  any  contract  authorized  by  this  title. Subject to the rights of
      bondholders, the county legislature  may  determine  if  the  moneys  so
      appropriated  shall  be  subject  to  repayment  by the authority to the
      county and, in such event,  the  manner  and  time  or  times  for  such
      repayment. In the event there shall remain at the end of any fiscal year
      of  the  county  an  unexpended  balance of any such appropriation, such
      unexpended balance shall remain on deposit in the fund  or  account  and
      such appropriation shall not lapse.
        2. The county or any other municipality may give, grant, sell, convey,
      loan,  license the use of or lease to the authority any properties which
      are useful to the authority in order to carry out its powers under  this
      title.  Any  such  transfer  of property shall be for such term and upon
      such terms and conditions, subject to the rights of the holders  of  any
      bonds,  as the authority and the county or other municipality may agree,
      including  provision  for  the   authority   to   assume   the   primary
      responsibility  for  the  payment  of  any  bonds or notes issued by the
      county or such other municipality for such properties.
        3. The county may acquire by purchase or by exercise of the  power  of
      eminent domain real property in the name of the county for any corporate
      purpose of the authority.
        4.  Notwithstanding  the provisions of any other law, general, special
      or local to the contrary, real property acquired by the authority or the
      county from the state may be used  for  any  corporate  purpose  of  the
      authority.
        5.  The  county,  one or more of the municipalities within the county,
      the district, and the authority shall have the power to  contract,  from
      time  to time, between or among themselves, in relation to the purchase,
      sale and transmission of water, which contracts may include any  or  all
      of  the  following provisions: (a) requiring the purchase by the county,
      any such municipality or the district of specified amounts of water; (b)
      requiring the authority to reserve capacity in  its  water  facility  to
      assure  the  availability  to  the  county, any such municipality or the
      district of a specified amount of water;  (c)  providing  for  specified
      minimum  periodic  payments  whether  or not water is actually taken and
      used, subject to such limitations, exceptions  and  provisions  therein;
      (d)  requiring  the county, any such municipality or the district to pay
      to the authority such amounts  as  shall  be  necessary  to  assure  the
      continued  operation  of  the  authority;  and  (e)  requiring  any such
      municipality to pay to the county such amount as shall be  necessary  to
      assure  that  the  periodic payments by the county to the authority will
      not result in an undue burden upon the residents of the county. All such
      payments shall be determined and paid in such manner and at  such  times
      as may be provided in such contracts.
        6.  Any  gift, grant, sale, conveyance, loan or contract authorized by
      this section may be made or entered into by the  county  and  any  other
      municipality  without  a  public hearing being first held therein and no
      such gift, grant, sale, conveyance, loan or contract shall be subject to
      referendum, permissive or otherwise.
        * NB There are 2 § 1199-ff's