2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-C - Town of Islip Resource Recovery Agency › 2046-T - Agreements With the Town.

§  2046-t.  Agreements with the town. 1. The town is hereby authorized
to pledge to and agree with the holders of the bonds and notes that:
(a) The town will not limit or alter the rights hereby vested  in  the
agency  to  acquire,  construct,  maintain,  reconstruct and operate any
project, to establish and collect rates, rents, fees and  other  charges
and  to fulfill the terms of any agreements made with the holders of the
bonds and notes, or in any way impair the rights  and  remedies  of  the
bondholders  or  noteholders,  until  the  bonds or notes, 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 or noteholders,  are  fully  met  and
discharged; and
(b) Subject to such exceptions and limitations as may be deemed in the
public  interest,  no  facilities except those acquired, constructed and
operated by the agency will be acquired, constructed or operated by  the
town,  or  by any public benefit or other corporation the members or the
majority of which are appointed by the town board, until all  bonds  and
notes,   together   with   interest  thereon,  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 or
noteholders are fully met and discharged.
2. The town is hereby authorized from time to time  to  contract  with
the   agency  in  relation  to  the  receiving,  transporting,  storage,
processing or disposal of solid waste or for  the  purchase  or  use  of
materials, energy, by-products or residue generated by or resulting from
the  operation of any solid waste management-resource recovery facility.
Such contracts may be for the periods agreed upon by  the  parties,  but
not  exceeding  forty  years, and without limiting the generality of the
foregoing, may include provisions requiring (i) the periodic delivery of
minimum amounts of solid waste and specified minimum  periodic  payments
whether  or  not  such  delivery  is  made, and (ii) the payment, within
appropriations available therefor, of 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 contracts.
3. To further the governmental and  public  purposes  of  the  agency,
including  the  implementation  of  any  contract  or  proposed contract
contemplated by this title, the town and all other municipalities within
the town are hereby authorized and empowered to adopt  and  amend  local
laws  imposing  appropriate  and  reasonable  limitations on competition
within the town, including the areas within any incorporated villages in
the  town,  with  respect  to   collecting,   receiving,   transporting,
delivering,  storing,  processing,  and  disposing of solid waste or the
recovery by any means of any material  or  energy  product  or  resource
therefrom,  including, without limiting the generality of the foregoing,
local laws requiring that  all  solid  waste  generated,  originated  or
brought  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 any  such  local  law  enacted  by  the  town  shall  take
precedence  over  and shall supersede any inconsistent provisions of any
such local law enacted by a municipality within the town. 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.