New York Laws
Title 13-F - Town of North Hempstead Solid Waste Management Authority
2049-U - Contracts With Municipalities; Powers of Municipalities.

§ 2049-u. Contracts with municipalities; powers of municipalities. 1.
The town and one or more municipalities within the town, or the
authority and the town, shall have power to contract from time to time
between or among themselves, or among themselves and with the authority
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 facility. Any such contract
to which the authority and any municipality are parties may include
provisions stipulating the maximum rates, rentals, fees and other
charges to be collected for the use of facilities. To further the
governmental and public purposes of the authority, including the
implementation of any contract or proposed contract contemplated by this
title, the authority and all other municipalities within the town 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, subject to
such exceptions as may be determined to be in the public interest, shall
be delivered to a specified solid waste management facility. The town
shall be empowered under this section to adopt any such local law
requiring the delivery of solid waste to a specified solid waste
management facility. 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.

2. The town 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 the town may deem proper and upon such terms and conditions as may be
agreed upon by the parties thereto.

3. The town and all other municipalities 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 authority.

4. Notwithstanding any other law, general, special or local, any
contract entered into by a municipality in connection with, or in any
manner relating to, any project or facility pursuant to this section may
be for such term or duration, not to exceed twenty years, as may be
agreed upon by the parties thereto, except 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 solid waste management
facility, or part thereof, financed in whole or in part by the
authority.