2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-D - Dutchess County Resource Recovery Agency › 2047-T - Pledge by County; Contracts With Municipalities; Powers of Municipalities.

§  2047-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 collecting, 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
  particular  facilities  of  minimum amounts of solid waste and providing
  for specified minimum periodic payments whether or not such delivery  is
  made  or  (ii)  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.
3.  In  recognition of existing state policy, as declared in title one
  of article twenty-seven  of  the  environmental  conservation  law,  the
  legislature hereby affirms the primacy of the local and regional role in
  resource  recovery  procedures.  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 the power to adopt and amend
  local  laws  imposing  appropriate   and   reasonable   limitations   on
  competition   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 county shall take
  precedence over and shall supersede any inconsistent provisions  of  any
  such  local  law  enacted  by a municipality within the county. 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.
4. 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.
5.  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  purpose  of  this
  title,  including the making of gifts, grants, loans or contributions to
  the agency.
6. 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.
7. 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.