NY Pub Auth L § 2045-T (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 13-B - Onondaga County Resource Recovery Agency 2045-T - Pledge by County; Contracts With Municipalities; Powers of Municipalities.

§  2045-t.  Pledge by county; contracts with municipalities; powers of   municipalities. 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 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  facilities of the agency of   minimum amounts of solid  waste  and  providing  for  specified  minimum   periodic  payments  whether  or not such delivery is made, (ii) limiting   the right of the agency to receive or to contract to receive, treat  and   dispose  of  solid  waste  originating  outside  the  county,  or  (iii)   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. 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 power to adopt  and  amend  local  laws  imposing  appropriate  and   reasonable  limitations  on competition, including, without limiting the   generality of the foregoing, as to the municipalities within the  county   local  laws  requiring  that  all  solid  waste generated or originating   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 the county shall not be empowered under  this  section  to   adopt  any  such  local  law  requiring the delivery of solid waste to a   specified solid waste management-resource recovery  facility.  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.3.  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. 4. 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 purposes of this   title, including the making of gifts, grants, loans or contributions  to   the agency.5.  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.6.  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.