New York Laws
Title 29 - Development Authority of the North Country Act
2706 - Special Powers of Participating Counties and Municipalities With Respect to Certain Facilities.

§ 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 as

may 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.