NY Pub Auth L § 1125-2 (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 6-C* - Dutchess County Water and Wastewater Authority 1125*2 - Appropriations for Purposes of the Authority; Transfer of Property to Authority; Acquisition of Property by County or Other Municipality Within the Co

* §  1125.  Appropriations  for purposes of the authority; transfer of   property to authority;  acquisition  of  property  by  county  or  other   municipality  within  the county for authority; contracts with county or   other municipality. 1. In addition to any powers granted to it  by  law,   the county legislature, or the finance board, as such term is defined in   the  local  finance  law,  of any other municipality in the county, may,   from time to time, appropriate by resolution sums of money for  purposes   of the authority to defray project costs or any other costs and expenses   of  the authority or to pay amounts payable or anticipated to be payable   to the authority pursuant to any contract or lease  authorized  by  this   title.  Subject to the rights of bondholders, such county legislature or   finance board may determine if  the  moneys  so  appropriated  shall  be   subject  to  repayment  by the authority to the appropriate municipality   and, in such event, the manner and time or times for such repayment.  In   the event there shall remain at the end of any fiscal year of the county   or   any   such   municipality   an   unexpended  balance  of  any  such   appropriation, such unexpended balance shall remain on  deposit  in  the   fund or account and such appropriation shall not lapse.2.  The  county  or  any other municipality with the county, may give,   grant, sell, convey, loan, license the use of or lease to the  authority   any  properties  which are useful to the authority in order to carry out   its powers under this title. Any such transfer of  properties  shall  be   for  such term and upon such terms and conditions, subject to the rights   of the holders of any bonds, as the authority and  the  county  or  such   other  municipality  may agree, including provision for the authority to   assume the primary responsibility for the payment of any bonds or  notes   issued by the county or such other municipality for such properties.3.  The county or any other municipality within the county may acquire   by purchase or by exercise of the power of eminent domain real  property   in  the  name of the county or such other municipality for any corporate   purpose of the authority.4. Notwithstanding the provisions of any other law,  general,  special   or  local  to the contrary, real property acquired by the authority, the   county or any other municipality within the county from the state may be   used for any corporate purpose of the authority.5. The county, one or more of the municipalities  within  the  county,   and  the  authority shall have the power to contract, from time to time,   between  or  among  themselves,  in  relation  to  the  purchase,  sale,   production,  accumulation,  supply,  transmission or treatment of water,   the collection, transmission or treatment or disposal of sewage or  both   of  the aforesaid, or the construction, use, sale and/or leasing, of any   water, sewerage or water and sewerage facility of the  authority,  which   contracts  may  include  any  or  all  of  the following provisions: (i)   requiring the purchase  by  the  county  or  any  such  municipality  of   specified  amounts  of  water;  (ii)  requiring  the transmission by the   county or any such municipality of specified amounts of  sewage  to  the   authority  and the payment for the treatment or disposal of such sewage;   (iii) requiring the use by the county or  any  such  municipality  of  a   water, sewerage or water and sewerage facility; (iv) limiting the right,   including  a  prohibition,  of  the  county  or any such municipality to   construct a water, sewerage or water and sewerage  facility  which  will   serve the same, or substantially the same, function as a water, sewerage   or  water  and sewerage facility constructed or to be constructed by the   authority; (v) requiring the authority to reserve capacity in any water,   sewerage or water and sewerage facility to assure  the  availability  to   the  county or any such municipality of a specified amount of water, the   treatment or disposal of a specified amount of sewage, or of the use  of   any  water,  sewerage or water and sewerage facility; (vi) providing for    specified minimum periodic payments whether or  not  water  is  actually   taken  and  used,  sewage  is  actually  treated or disposed of, or such   water, sewerage or water and sewerage facility is actually used, subject   to  such limitations, exceptions and provisions therein; (vii) requiring   the county or any such municipality to pay to the authority such amounts   as  shall  be  necessary  to  assure  the  continued  operation  of  the   authority;  and  (viii)  requiring  any  such municipality to pay to the   county such amount as shall be necessary to  assure  that  the  periodic   payments  by  the  county  to  the authority will not result in an undue   burden upon the residents of the county.  All  such  payments  shall  be   determined  and paid in such manner and at such times as may be provided   in such contracts.6.  Any  gift,  grant,  sale,  conveyance,  loan,  contract  or  lease   authorized  by  this  section may be made or entered into by the county,   any other such municipality and, or, the authority  and  no  such  gift,   grant,  sale,  conveyance,  loan,  contract or lease shall be subject to   referendum, permissive or otherwise.* NB There are 2 § 1125's