State Codes and Statutes

Statutes > New-york > Pba > Article-8 > Title-29 > 2706

§  2706.  Special  powers of participating counties and municipalities  with respect to certain facilities. 1. Any participating county and  one  or  more  municipalities within the participating county, shall have the  power to enter into contracts, leases or agreements from  time  to  time  between  or  among themselves and with the United States, or between and  among themselves and  the  United  States  and  with  the  authority  in  connection  with  a  solid  waste management facility 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  such  solid  waste  management facility; in connection with a sewer  facility  in  relation  to  the  collection,  receiving,   transporting,  storage,  processing or disposal of sewage or for the purchase or use of  any materials, energy, by-products or residue generated by or  resulting  from  the  operation  of  any  such sewer facility; in connection with a  water  facility  in  relation  to  the  supplying,  providing,  storage,  processing, purification, transportation, distribution and sale of water  resulting  from  or used in connection with any such water facility. Any  such contract, lease or agreement to which any participating  county  or  any  municipality  is  a  party  may  include provisions stipulating the  minimum rates, rentals, fees and other charges to be collected  for  the  use  of  any such services, the availability of such services, including  demand charges, and for the use and availability of such facilities  and  to  pay  all  amounts  due  under  the  contracts,  which may be amounts  calculated to provide for payment and security for any bonds  including,  without  limitation,  such  debt service coverage as the authority deems  adequate for the bonds.  Any such contract lease or agreement  to  which  the  authority  or  any  participating  county  or  any municipality are  parties may include provisions (i) in  connection  with  a  solid  waste  management-resource  recovery  facility  obligating  such  participating  county or municipality to deliver or cause to be delivered, periodically  to a solid waste management facility all or any  portion  of  the  solid  waste  generated  in  such  participating  county  or  municipality  for  processing or disposal and to make periodic payments for such processing  or disposal whether or not delivery of any such  solid  waste  shall  be  made,  subject  only  to such exceptions, terms and conditions as may be  provided therein; (ii) in connection with a  sewer  facility  obligating  such  participating  county  or municipality to transport or cause to be  transported to a sewer  facility  all  or  any  portion  of  the  sewage  generated in such participating county or municipality for processing or  disposal  and to make periodic payments for such processing and disposal  whether or not any sewer is transported to the sewer facility  for  such  processing  or  disposal,  subject  only  to  such exceptions, terms and  conditions as may be provided therein; (iii) in connection with a  water  facility  obligating such participating county or municipality to obtain  or cause to be obtained from a water facility all or any portion of  the  water  used or consumed in such participating county or municipality and  to make periodic payments for the supply of such water  whether  or  not  any  water  is used or consumed from such facility, subject only to such  exceptions, terms and conditions as may be provided therein. To  further  the  governmental  and  public  purposes of the authority, including the  implementation of any contract or proposed contract contemplated by this  title, any  participating  county  and  all  municipalities  within  any  participating  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, local laws  requiring that all solid waste  generated  or  originated  within  their  respective boundaries or portions thereof, subject to such exceptions asmay  be determined to be in the public interest, shall be delivered to a  specified solid waste management facility or facilities; that all sewage  generated or originated within their respective boundaries  or  portions  thereof,  subject  to  such exceptions as may be determined to be in the  public interest, shall be delivered to a specified  sewage  facility  or  facilities;  that  all  water  used  or consumed within their respective  boundaries or portion thereof, subject to  such  exceptions  as  may  be  determined  to be in the public interest, shall be supplied, transported  or distributed by a specified water facility or facilities.    Any  such  local  law shall be adopted in accordance with the procedure provided by  the municipal home rule law. Nothing contained in this  title  shall  be  deemed  or  construed  to  alter  the power granted under section twenty  hundred forty-eight-s of this chapter.    2. Each participating county and  each  such  municipality  is  hereby  authorized  to  resell  or  otherwise  dispose of all or any part of the  materials,  energy,  by-products  or  residue  purchased,  received   or  obtained from the authority pursuant to subdivision one of this section.  Any  resale  or  other  disposition  may  be made in such manner as such  participating county or such municipality may deem proper and upon  such  terms and conditions as may be agreed upon by the parties thereto.    3. Each participating county and each such municipality shall have the  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 authority.    4. Notwithstanding any other  law,  general,  special  or  local,  any  contract  entered  into  by  a  participating  county or municipality in  connection with, or in any manner relating to any  project  may  be  for  such  term  or  duration  as  may be agreed upon by the parties thereto,  including that any such contract may provide that the same shall  remain  in  full  force  and  effect  so  long  as  the  bonds  issued for or in  connection with such project,  including  any  renewals  thereof,  shall  remain  outstanding  or  until  adequate provision has been made for the  payment or satisfaction thereof.    5. Any contract entered into pursuant to this  section  to  which  the  authority  shall  be a party may be pledged by the authority as security  for any issue of bonds, and may be assigned, in whole or in part, by the  authority to any public corporation or  person  which  shall  construct,  purchase,  lease  or  otherwise  acquire  any  project, or part thereof,  financed in whole or in part by the authority.

State Codes and Statutes

Statutes > New-york > Pba > Article-8 > Title-29 > 2706

§  2706.  Special  powers of participating counties and municipalities  with respect to certain facilities. 1. Any participating county and  one  or  more  municipalities within the participating county, shall have the  power to enter into contracts, leases or agreements from  time  to  time  between  or  among themselves and with the United States, or between and  among themselves and  the  United  States  and  with  the  authority  in  connection  with  a  solid  waste management facility 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  such  solid  waste  management facility; in connection with a sewer  facility  in  relation  to  the  collection,  receiving,   transporting,  storage,  processing or disposal of sewage or for the purchase or use of  any materials, energy, by-products or residue generated by or  resulting  from  the  operation  of  any  such sewer facility; in connection with a  water  facility  in  relation  to  the  supplying,  providing,  storage,  processing, purification, transportation, distribution and sale of water  resulting  from  or used in connection with any such water facility. Any  such contract, lease or agreement to which any participating  county  or  any  municipality  is  a  party  may  include provisions stipulating the  minimum rates, rentals, fees and other charges to be collected  for  the  use  of  any such services, the availability of such services, including  demand charges, and for the use and availability of such facilities  and  to  pay  all  amounts  due  under  the  contracts,  which may be amounts  calculated to provide for payment and security for any bonds  including,  without  limitation,  such  debt service coverage as the authority deems  adequate for the bonds.  Any such contract lease or agreement  to  which  the  authority  or  any  participating  county  or  any municipality are  parties may include provisions (i) in  connection  with  a  solid  waste  management-resource  recovery  facility  obligating  such  participating  county or municipality to deliver or cause to be delivered, periodically  to a solid waste management facility all or any  portion  of  the  solid  waste  generated  in  such  participating  county  or  municipality  for  processing or disposal and to make periodic payments for such processing  or disposal whether or not delivery of any such  solid  waste  shall  be  made,  subject  only  to such exceptions, terms and conditions as may be  provided therein; (ii) in connection with a  sewer  facility  obligating  such  participating  county  or municipality to transport or cause to be  transported to a sewer  facility  all  or  any  portion  of  the  sewage  generated in such participating county or municipality for processing or  disposal  and to make periodic payments for such processing and disposal  whether or not any sewer is transported to the sewer facility  for  such  processing  or  disposal,  subject  only  to  such exceptions, terms and  conditions as may be provided therein; (iii) in connection with a  water  facility  obligating such participating county or municipality to obtain  or cause to be obtained from a water facility all or any portion of  the  water  used or consumed in such participating county or municipality and  to make periodic payments for the supply of such water  whether  or  not  any  water  is used or consumed from such facility, subject only to such  exceptions, terms and conditions as may be provided therein. To  further  the  governmental  and  public  purposes of the authority, including the  implementation of any contract or proposed contract contemplated by this  title, any  participating  county  and  all  municipalities  within  any  participating  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, local laws  requiring that all solid waste  generated  or  originated  within  their  respective boundaries or portions thereof, subject to such exceptions asmay  be determined to be in the public interest, shall be delivered to a  specified solid waste management facility or facilities; that all sewage  generated or originated within their respective boundaries  or  portions  thereof,  subject  to  such exceptions as may be determined to be in the  public interest, shall be delivered to a specified  sewage  facility  or  facilities;  that  all  water  used  or consumed within their respective  boundaries or portion thereof, subject to  such  exceptions  as  may  be  determined  to be in the public interest, shall be supplied, transported  or distributed by a specified water facility or facilities.    Any  such  local  law shall be adopted in accordance with the procedure provided by  the municipal home rule law. Nothing contained in this  title  shall  be  deemed  or  construed  to  alter  the power granted under section twenty  hundred forty-eight-s of this chapter.    2. Each participating county and  each  such  municipality  is  hereby  authorized  to  resell  or  otherwise  dispose of all or any part of the  materials,  energy,  by-products  or  residue  purchased,  received   or  obtained from the authority pursuant to subdivision one of this section.  Any  resale  or  other  disposition  may  be made in such manner as such  participating county or such municipality may deem proper and upon  such  terms and conditions as may be agreed upon by the parties thereto.    3. Each participating county and each such municipality shall have the  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 authority.    4. Notwithstanding any other  law,  general,  special  or  local,  any  contract  entered  into  by  a  participating  county or municipality in  connection with, or in any manner relating to any  project  may  be  for  such  term  or  duration  as  may be agreed upon by the parties thereto,  including that any such contract may provide that the same shall  remain  in  full  force  and  effect  so  long  as  the  bonds  issued for or in  connection with such project,  including  any  renewals  thereof,  shall  remain  outstanding  or  until  adequate provision has been made for the  payment or satisfaction thereof.    5. Any contract entered into pursuant to this  section  to  which  the  authority  shall  be a party may be pledged by the authority as security  for any issue of bonds, and may be assigned, in whole or in part, by the  authority to any public corporation or  person  which  shall  construct,  purchase,  lease  or  otherwise  acquire  any  project, or part thereof,  financed in whole or in part by the authority.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pba > Article-8 > Title-29 > 2706

§  2706.  Special  powers of participating counties and municipalities  with respect to certain facilities. 1. Any participating county and  one  or  more  municipalities within the participating county, shall have the  power to enter into contracts, leases or agreements from  time  to  time  between  or  among themselves and with the United States, or between and  among themselves and  the  United  States  and  with  the  authority  in  connection  with  a  solid  waste management facility 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  such  solid  waste  management facility; in connection with a sewer  facility  in  relation  to  the  collection,  receiving,   transporting,  storage,  processing or disposal of sewage or for the purchase or use of  any materials, energy, by-products or residue generated by or  resulting  from  the  operation  of  any  such sewer facility; in connection with a  water  facility  in  relation  to  the  supplying,  providing,  storage,  processing, purification, transportation, distribution and sale of water  resulting  from  or used in connection with any such water facility. Any  such contract, lease or agreement to which any participating  county  or  any  municipality  is  a  party  may  include provisions stipulating the  minimum rates, rentals, fees and other charges to be collected  for  the  use  of  any such services, the availability of such services, including  demand charges, and for the use and availability of such facilities  and  to  pay  all  amounts  due  under  the  contracts,  which may be amounts  calculated to provide for payment and security for any bonds  including,  without  limitation,  such  debt service coverage as the authority deems  adequate for the bonds.  Any such contract lease or agreement  to  which  the  authority  or  any  participating  county  or  any municipality are  parties may include provisions (i) in  connection  with  a  solid  waste  management-resource  recovery  facility  obligating  such  participating  county or municipality to deliver or cause to be delivered, periodically  to a solid waste management facility all or any  portion  of  the  solid  waste  generated  in  such  participating  county  or  municipality  for  processing or disposal and to make periodic payments for such processing  or disposal whether or not delivery of any such  solid  waste  shall  be  made,  subject  only  to such exceptions, terms and conditions as may be  provided therein; (ii) in connection with a  sewer  facility  obligating  such  participating  county  or municipality to transport or cause to be  transported to a sewer  facility  all  or  any  portion  of  the  sewage  generated in such participating county or municipality for processing or  disposal  and to make periodic payments for such processing and disposal  whether or not any sewer is transported to the sewer facility  for  such  processing  or  disposal,  subject  only  to  such exceptions, terms and  conditions as may be provided therein; (iii) in connection with a  water  facility  obligating such participating county or municipality to obtain  or cause to be obtained from a water facility all or any portion of  the  water  used or consumed in such participating county or municipality and  to make periodic payments for the supply of such water  whether  or  not  any  water  is used or consumed from such facility, subject only to such  exceptions, terms and conditions as may be provided therein. To  further  the  governmental  and  public  purposes of the authority, including the  implementation of any contract or proposed contract contemplated by this  title, any  participating  county  and  all  municipalities  within  any  participating  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, local laws  requiring that all solid waste  generated  or  originated  within  their  respective boundaries or portions thereof, subject to such exceptions asmay  be determined to be in the public interest, shall be delivered to a  specified solid waste management facility or facilities; that all sewage  generated or originated within their respective boundaries  or  portions  thereof,  subject  to  such exceptions as may be determined to be in the  public interest, shall be delivered to a specified  sewage  facility  or  facilities;  that  all  water  used  or consumed within their respective  boundaries or portion thereof, subject to  such  exceptions  as  may  be  determined  to be in the public interest, shall be supplied, transported  or distributed by a specified water facility or facilities.    Any  such  local  law shall be adopted in accordance with the procedure provided by  the municipal home rule law. Nothing contained in this  title  shall  be  deemed  or  construed  to  alter  the power granted under section twenty  hundred forty-eight-s of this chapter.    2. Each participating county and  each  such  municipality  is  hereby  authorized  to  resell  or  otherwise  dispose of all or any part of the  materials,  energy,  by-products  or  residue  purchased,  received   or  obtained from the authority pursuant to subdivision one of this section.  Any  resale  or  other  disposition  may  be made in such manner as such  participating county or such municipality may deem proper and upon  such  terms and conditions as may be agreed upon by the parties thereto.    3. Each participating county and each such municipality shall have the  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 authority.    4. Notwithstanding any other  law,  general,  special  or  local,  any  contract  entered  into  by  a  participating  county or municipality in  connection with, or in any manner relating to any  project  may  be  for  such  term  or  duration  as  may be agreed upon by the parties thereto,  including that any such contract may provide that the same shall  remain  in  full  force  and  effect  so  long  as  the  bonds  issued for or in  connection with such project,  including  any  renewals  thereof,  shall  remain  outstanding  or  until  adequate provision has been made for the  payment or satisfaction thereof.    5. Any contract entered into pursuant to this  section  to  which  the  authority  shall  be a party may be pledged by the authority as security  for any issue of bonds, and may be assigned, in whole or in part, by the  authority to any public corporation or  person  which  shall  construct,  purchase,  lease  or  otherwise  acquire  any  project, or part thereof,  financed in whole or in part by the authority.