New York Laws
Title 13-C - Town of Islip Resource Recovery Agency
2046-T - Agreements With the Town.

(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.