Section 2040-T. Agreements with the towns  


Latest version.
  • 1.  The  towns  are  hereby
      authorized to pledge to and agree with the  holders  of  the  bonds  and
      notes that:
        (a)  The towns will not limit or alter the rights hereby vested in the
      authority to acquire, construct, maintain, reconstruct and  operate  any
      project  or  projects,  to establish and collect rentals, fees and other
      charges and to fulfill the terms of any agreements made with the holders
      of the bonds and notes, or in any way impair the rights and remedies  of
      the  bondholders or noteholders, until the bonds or notes, together with
      interest thereon, with interest on any unpaid installments of  interest,
      and  all  costs and expenses in connection with any action or proceeding
      by or on behalf of the bondholders or noteholders,  are  fully  met  and
      discharged; and
        (b) Subject to such exceptions and limitations as may be deemed in the
      public  interest,  no  solid  waste  disposal  facilities  except  those
      acquired, constructed and operated by the authority  will  be  acquired,
      constructed or operated in the area of operation by any of the towns, or
      by  any public benefit or other corporation the members or some of which
      are elected or are appointed by any of the town boards, until all  bonds
      and  notes,  together  with  interest  thereon,  interest  on any unpaid
      installments of interest and all costs and expenses in  connection  with
      any  action  or  proceeding  by  or  on  behalf  of  the  bondholders or
      noteholders are fully met and discharged.
        2. The towns are hereby authorized from time to time to contract  with
      the authority for the disposal of solid waste or for the purchase or use
      of  by-products  or  residue  resulting  from the operation of any solid
      waste disposal facility. Such contracts may be for  the  periods  agreed
      upon  by  the  parties,  but  not  exceeding  forty  years, and, without
      limiting  the  generality  of  the  foregoing,  may  include  provisions
      requiring  (i)  the  periodic delivery of minimum amounts of solid waste
      and specified minimum periodic payments whether or not such delivery  is
      made, and (ii) the payment, within appropriations available therefor, of
      such amounts as shall be necessary to assure the continued operation and
      solvency  of  the  authority, such payments to be determined and paid in
      such manner and at such times as may be provided in such  contracts.  In
      furtherance  of  the  public purposes of this title and to implement the
      provisions of any contract  or  proposed  contract  with  the  authority
      contemplated  by  this  subdivision,  each  town is hereby authorized to
      adopt and amend a local law providing for the management on a  town-wide
      basis  of  all  solid  waste generated within such town and whereby such
      town through such town office or department as may be designated in such
      local  law  shall  have  authority  to  supervise   and   regulate   the
      transportation  and  disposition  of  all  solid  waste within such town
      pursuant to standards established in such local law, including, but  not
      limited  to,  the  authority  to  require that all solid waste generated
      within such town, with such exceptions as may be provided by such  local
      law, must be delivered to a project of the authority, provided, however,
      that such standards shall not be inconsistent with standards established
      pursuant to the environmental conservation law. Any such local law shall
      not  be  subject  to  either  mandatory  or  permissive  referendum. Any
      contract entered into pursuant to this subdivision may be pledged by the
      authority as security for any  issue  of  bonds  or  notes  and  may  be
      assigned  by  the  authority  to  any person or public corporation which
      shall construct, purchase, lease or otherwise  acquire  or  operate  any
      solid  waste  disposal  facility  financed  in  whole  or in part by the
      authority.
        3. The towns are  hereby  authorized  to  contract  jointly  with  the
      authority with respect to any particular issue of bonds or notes to give
    
      to  the  authority the amount, if any, of the deficit in any year in the
      revenues of the authority available for the payment of the principal  of
      and  interest on such bonds or notes. Any such contract may provide that
      the  provisions thereof shall remain in force and effect until the issue
      of bonds or notes to which it relates, together  with  interest  thereon
      and  interest  on any unpaid installments of interest, are fully met and
      discharged, and may be pledged by the authority to secure such bonds  or
      notes.  Any  such  contract  also  shall provide the manner in which any
      amounts to be paid thereunder shall  be  apportioned  among  the  towns,
      which  shall  be  in  accordance  with  any  equitable  basis  as may be
      determined by the towns. Each town is hereby  authorized  to  raise  and
      appropriate  such  sums  as shall be necessary from time to time to make
      any payment pursuant to any such contract.