Section 2047-T. Pledge by county; contracts with municipalities; powers of municipalities  


Latest version.
  • 1.  The  county  is  hereby authorized to pledge to and  agree with the holders of the bonds that the county will  not  limit  or
      impair  the  rights  hereby vested in the agency to purchase, construct,
      maintain,  operate,  repair,   improve,   increase,   enlarge,   extend,
      reconstruct,  renovate,  rehabilitate  or dispose of any project, or any
      part or parts thereof, for which bonds of the  agency  shall  have  been
      issued,  to  establish  and collect rates, rents, fees and other charges
      referred to in this title and to fulfill the  terms  of  any  agreements
      made  with  the  holders  of the bonds or with any public corporation or
      person with reference to such project or part thereof,  or  in  any  way
      impair  the  rights  and  remedies  of the bondholders, until the bonds,
      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  are  fully met and
      discharged.
        2. The county and one or more municipalities within the county, or the
      agency and the county, shall have power to contract, from time to  time,
      between or among themselves, or among themselves and with the agency, in
      relation to the collecting, receiving, transporting, storage, processing
      or  disposal  of  waste  or  for  the  purchase or use of any materials,
      energy, by-products or  residue  generated  by  or  resulting  from  the
      operation  of  any waste management-resource recovery facility. Any such
      contract to which the county and any municipality within the county  are
      parties  may  include provisions stipulating the maximum rates, rentals,
      fees and other charges to be collected for the use  of  facilities.  Any
      contract  to  which  the  agency  and the county are parties may include
      provisions  (i)  requiring  the  periodic  delivery  to  the  particular
      facilities  of  minimum  amounts  of  waste  and providing for specified
      minimum periodic payments whether or not such delivery is made, or  (ii)
      requiring  the  county to pay, within appropriations available therefor,
      such amounts as shall be necessary to assure the continued operation and
      solvency of the agency, such payments to be determined and paid in  such
      manner and at such times as may be provided in such contract.
        3.  Notwithstanding  the provisions of any other law, general, special
      or local, any contract, agreement or other device by  which  the  county
      insures  the  level  of  revenues  or solvency of the agency in order to
      enhance the marketability of the financial  obligations  of  the  agency
      shall  require  approval, by the adoption of a resolution, by at least a
      two-thirds vote of the voting strength of the county legislature.
        4. In recognition of existing state policy, as declared in  title  one
      of  article  twenty-seven  of  the  environmental  conservation law, the
      legislature hereby affirms the primacy of the local and regional role in
      resource recovery procedures. To further  the  governmental  and  public
      purposes  of the agency, including the implementation of any contract or
      proposed contract contemplated by this title, the county and  all  other
      municipalities within the county shall have the power to adopt and amend
      local   laws   imposing   appropriate   and  reasonable  limitations  on
      competition  with  respect  to  collecting,   receiving,   transporting,
      delivering,  storing,  processing and disposing of waste or the recovery
      by any means of any material or energy product  or  resource  therefrom,
      including,  without limiting the generality of the foregoing, local laws
      requiring that all waste generated, originated or brought  within  their
      respective  boundaries,  subject to such exceptions as may be determined
      to be in the public interest, shall be delivered to  a  specified  waste
      management-resource  recovery facility; provided, however, that any such
      local law enacted by the county shall take  precedence  over  and  shall
      supersede any inconsistent provisions of any such local law enacted by a
    
      municipality  within  the county. Any such local law shall be adopted in
      accordance with the procedure provided by the municipal home  rule  law,
      except  that  no  such local law shall be subject to either mandatory or
      permissive referendum.
        5.  The  county is hereby authorized to resell or otherwise dispose of
      all or any  part  of  the  materials,  energy,  by-products  or  residue
      purchased  from  the agency pursuant to subdivision two of this section.
      Any resale or other disposition may be made in such manner as the county
      may deem proper and upon such terms and conditions as may be agreed upon
      by the parties thereto.
        6. The county and all other municipalities  within  the  county  shall
      have  power  to  perform  such  other  acts,  to  enter  into such other
      contracts, including contracts between or among themselves, execute such
      instruments and  to  undertake  such  future  proceedings  as  shall  be
      determined  necessary  or  desirable  to  effectuate the purpose of this
      title, including the making of gifts, grants, loans or contributions  to
      the agency.
        7.  Any  contract  entered  into  by  a  municipality pursuant to this
      section may be for such term or  duration,  not  to  exceed  twenty-five
      years,  as  may  be  agreed upon by the parties thereto, except that any
      contract relating to or affecting the security of any  project  financed
      in whole or in part by the agency may provide that the same shall remain
      in  full  force  and effect so long as the bonds issued for such project
      shall remain outstanding or until adequate provision has been  made  for
      the payment or satisfaction thereof.
        8.  Any  contract  entered  into pursuant to this section to which the
      agency shall be a party may be pledged by the agency as security for any
      issue of bonds, and may be assigned, in whole or in part, by the  agency
      to  any  public  corporation  or person which shall construct, purchase,
      lease  or  otherwise  acquire  any  waste  management-resource  recovery
      facility, or part thereof, financed in whole or in part by the agency.
        * NB There are 2 § 2047-t's