2040-T - Agreements with the towns.
§ 2040-t. Agreements with the towns. 1. The towns are hereby authorized to pledge to and agree with the holders of the bonds and notes that: (a) The towns will not limit or alter the rights hereby vested in the authority to acquire, construct, maintain, reconstruct and operate any project or projects, to establish and collect rentals, 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 solid waste disposal facilities except those acquired, constructed and operated by the authority will be acquired, constructed or operated in the area of operation by any of the towns, or by any public benefit or other corporation the members or some of which are elected or are appointed by any of the town boards, 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 towns are hereby authorized from time to time to contract with the authority for the disposal of solid waste or for the purchase or use of by-products or residue resulting from the operation of any solid waste disposal 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 authority, such payments to be determined and paid in such manner and at such times as may be provided in such contracts. In furtherance of the public purposes of this title and to implement the provisions of any contract or proposed contract with the authority contemplated by this subdivision, each town is hereby authorized to adopt and amend a local law providing for the management on a town-wide basis of all solid waste generated within such town and whereby such town through such town office or department as may be designated in such local law shall have authority to supervise and regulate the transportation and disposition of all solid waste within such town pursuant to standards established in such local law, including, but not limited to, the authority to require that all solid waste generated within such town, with such exceptions as may be provided by such local law, must be delivered to a project of the authority, provided, however, that such standards shall not be inconsistent with standards established pursuant to the environmental conservation law. Any such local law shall not be subject to either mandatory or permissive referendum. Any contract entered into pursuant to this subdivision may be pledged by the authority as security for any issue of bonds or notes and may be assigned by the authority to any person or public corporation which shall construct, purchase, lease or otherwise acquire or operate any solid waste disposal facility financed in whole or in part by the authority. 3. The towns are hereby authorized to contract jointly with the authority with respect to any particular issue of bonds or notes to giveto the authority the amount, if any, of the deficit in any year in the revenues of the authority available for the payment of the principal of and interest on such bonds or notes. Any such contract may provide that the provisions thereof shall remain in force and effect until the issue of bonds or notes to which it relates, together with interest thereon and interest on any unpaid installments of interest, are fully met and discharged, and may be pledged by the authority to secure such bonds or notes. Any such contract also shall provide the manner in which any amounts to be paid thereunder shall be apportioned among the towns, which shall be in accordance with any equitable basis as may be determined by the towns. Each town is hereby authorized to raise and appropriate such sums as shall be necessary from time to time to make any payment pursuant to any such contract.