N.Y.
Public Authorities Law Section 1125*2
Appropriations for purposes of the authority
- transfer of property to authority
- acquisition of property by 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
Source:
Section 1125*2 — Appropriations for purposes of the authority; transfer of property to authority; acquisition of property by county or other municipality ..., https://www.nysenate.gov/legislation/laws/PBA/1125*2 (updated Sep. 22, 2014; accessed Oct. 26, 2024).
