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 solid waste or for the purchase or use of any materials,
      energy, by-products or  residue  generated  by  or  resulting  from  the
      operation  of any solid 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 solid  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. 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 solid 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  solid  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 solid 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.
    
        4.  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.
        5.  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.
        6. 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.
        7. 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 solid waste management-resource recovery
      facility, or part thereof, financed in whole or in part by the agency.
        * NB There are 2 § 2047-t's