NY Pub Auth L § 2049-U (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 13-F - Town of North Hempstead Solid Waste Management Authority 2049-U - Contracts With Municipalities; Powers of Municipalities.

§  2049-u. Contracts with municipalities; powers of municipalities. 1.   The town and  one  or  more  municipalities  within  the  town,  or  the   authority  and  the town, shall have power to contract from time to time   between or among themselves, or among themselves and with the  authority   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 facility. Any such contract   to which the authority and any  municipality  are  parties  may  include   provisions  stipulating  the  maximum  rates,  rentals,  fees  and other   charges to be collected for  the  use  of  facilities.  To  further  the   governmental  and  public  purposes  of  the  authority,  including  the   implementation of any contract or proposed contract contemplated by this   title, the authority and all other municipalities within the town  shall   have  power  to  adopt  and  amend  local  laws imposing appropriate and   reasonable limitations on competition including,  without  limiting  the   generality  of  the foregoing, local laws requiring that all solid waste   generated or originated 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 facility. The town   shall be empowered under this  section  to  adopt  any  such  local  law   requiring  the  delivery  of  solid  waste  to  a  specified solid waste   management 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.2. The town is hereby authorized to resell or otherwise dispose of all   or  any part of the materials, energy, by-products or residue purchased,   received or obtained from the authority pursuant to subdivision  one  of   this section. Any resale or other disposition may be made in such manner   as the town may deem proper and upon such terms and conditions as may be   agreed upon by the parties thereto.3.  The  town and all other municipalities 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 authority.4. Notwithstanding any other  law,  general,  special  or  local,  any   contract  entered  into  by a municipality in connection with, or in any   manner relating to, any project or facility pursuant to this section may   be for such term or duration, not to exceed  twenty  years,  as  may  be   agreed  upon  by  the parties thereto, except that any such contract may   provide that the same shall remain in full force and effect so  long  as   the  bonds  issued for or in connection with such project, including any   renewals thereof, shall remain outstanding or until  adequate  provision   has been made for the payment or satisfaction thereof.5.  Any  contract  entered  into pursuant to this section to which the   authority shall be a party may be pledged by the authority  as  security   for any issue of bonds, and may be assigned, in whole or in part, by the   authority  to  any  public  corporation or person which shall construct,   purchase,  lease  or  otherwise  acquire  any  solid  waste   management   facility,  or  part  thereof,  financed  in  whole  or  in  part  by the   authority.