2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 8-E* - Orange County Water Authority › 1199-FF*2 - Appropriations for Purposes of the Authority; Transfer of Property to Authority; Acquisition of Property by the County for Authority; Contracts With C

* § 1199-ff. Appropriations for purposes of the authority; transfer of
  property  to  authority;  acquisition  of  property  by  the  county for
  authority; contracts with county. 1. In addition to any  powers  granted
  to it by law, the county legislature 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  authorized  by  this  title. Subject to the rights of
  bondholders, the county legislature  may  determine  if  the  moneys  so
  appropriated  shall  be  subject  to  repayment  by the authority to the
  county 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  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 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 property 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 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 may acquire by purchase or by exercise of the  power  of
  eminent domain real property in the name of the county 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 or 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,
  the district, and the authority shall have the power to  contract,  from
  time  to time, between or among themselves, in relation to the purchase,
  sale and transmission of water, which contracts may include any  or  all
  of  the  following provisions: (a) requiring the purchase by the county,
  any such municipality or the district of specified amounts of water; (b)
  requiring the authority to reserve capacity in  its  water  facility  to
  assure  the  availability  to  the  county, any such municipality or the
  district of a specified amount of water;  (c)  providing  for  specified
  minimum  periodic  payments  whether  or not water is actually taken and
  used, subject to such limitations, exceptions  and  provisions  therein;
  (d)  requiring  the county, any such municipality or the district to pay
  to the authority such amounts  as  shall  be  necessary  to  assure  the
  continued  operation  of  the  authority;  and  (e)  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 or contract authorized by
  this section may be made or entered into by the  county  and  any  other
  municipality  without  a  public hearing being first held therein and no
  such gift, grant, sale, conveyance, loan or contract shall be subject to
  referendum, permissive or otherwise.
* NB There are 2 § 1199-ff's