New York Laws
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.