LegalFix

1125*2 - Appropriations for Purposes of the Authority; Transfer of Property to Authority; Acquisition of Property by County or Other Municipality Within the Co

NY Pub Auth L § 1125-2 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

* § 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

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.