2023 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.