2023 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