New York Laws
Title 6-C* - Dutchess County Water and Wastewater Authority
1125*2 - Appropriations for Purposes of the Authority; Transfer of Property to Authority; Acquisition of Property by County or Other Municipality Within the Co

* § 1125. Appropriations for purposes of the authority; transfer of
property to authority; acquisition of property by county or other
municipality within the county for authority; contracts with county or
other municipality. 1. In addition to any powers granted to it by law,
the county legislature, or the finance board, as such term is defined in
the local finance law, of any other municipality in the county, 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 or lease authorized by this
title. Subject to the rights of bondholders, such county legislature or
finance board may determine if the moneys so appropriated shall be
subject to repayment by the authority to the appropriate municipality
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
or any such municipality 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 with the county, 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 properties 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 such
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 or any other municipality within the county may acquire
by purchase or by exercise of the power of eminent domain real property
in the name of the county or such other municipality 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, the
county or any other municipality within 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,
and the authority shall have the power to contract, from time to time,
between or among themselves, in relation to the purchase, sale,
production, accumulation, supply, transmission or treatment of water,
the collection, transmission or treatment or disposal of sewage or both
of the aforesaid, or the construction, use, sale and/or leasing, of any
water, sewerage or water and sewerage facility of the authority, which
contracts may include any or all of the following provisions: (i)
requiring the purchase by the county or any such municipality of
specified amounts of water; (ii) requiring the transmission by the
county or any such municipality of specified amounts of sewage to the
authority and the payment for the treatment or disposal of such sewage;
(iii) requiring the use by the county or any such municipality of a
water, sewerage or water and sewerage facility; (iv) limiting the right,
including a prohibition, of the county or any such municipality to
construct a water, sewerage or water and sewerage facility which will
serve the same, or substantially the same, function as a water, sewerage
or water and sewerage facility constructed or to be constructed by the
authority; (v) requiring the authority to reserve capacity in any water,
sewerage or water and sewerage facility to assure the availability to
the county or any such municipality of a specified amount of water, the
treatment or disposal of a specified amount of sewage, or of the use of
any water, sewerage or water and sewerage facility; (vi) providing for

specified minimum periodic payments whether or not water is actually
taken and used, sewage is actually treated or disposed of, or such
water, sewerage or water and sewerage facility is actually used, subject
to such limitations, exceptions and provisions therein; (vii) requiring
the county or any such municipality to pay to the authority such amounts
as shall be necessary to assure the continued operation of the
authority; and (viii) 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, contract or lease
authorized by this section may be made or entered into by the county,
any other such municipality and, or, the authority and no such gift,
grant, sale, conveyance, loan, contract or lease shall be subject to
referendum, permissive or otherwise.

* NB There are 2 § 1125's