N.Y.
Public Authorities Law Section 2780
Advances on behalf of the authority
- transfer of property to authority
- acquisition of property by county for authority
1.
In addition to any powers granted to it by law, the county may, from time to time, appropriate by resolution sums of money to defray project costs or any other costs and expenses of the authority including operating expenses. Subject to the rights of bond holders, the county may determine if the monies so appropriated shall be subject to repayment by the authority to the county and, in such event, the manner and time or times for such repayment.2.
Notwithstanding any inconsistent provision of any general, special or local law, ordinance, resolution or charter, any public corporation may, by a majority vote of its governing body and the approval of its chief executive officer, give, grant, sell, convey, loan, license the use of or lease to the authority any property or facilities, including aviation facilities and pollution control facilities, which are useful in connection with the exercise by the authority of its powers under this title. Any such gift, grant, sale, conveyance, loan, license or lease shall be upon such terms and conditions, and for such term or terms of years, subject to the rights of the holders of any bonds, as the authority and such public corporation may agree. Any such gift, grant, sale, conveyance, lease, loan or license shall not be subject to referendum, permissive or mandatory. In the event that any public corporation gives, grants, sells, conveys, loans, licenses or leases any aviation facilities or pollution control facilities to the authority, such public corporation may contract with the authority to lease, borrow, license, operate, maintain, manage and provide services for such facilities upon such terms and conditions and for such term or terms of years, subject to the rights of holders of bonds, as the authority and such public corporation may agree. The authority, in furtherance of any purchase, conveyance or lease of any property or facility from any public corporation, may assume the primary responsibility for the payment of the principal and interest on any bonds or notes issued by such public corporation for such property or facility. For purposes of section 136.00 of the local finance law, any agreement by the authority to assume the primary responsibility for the payment of the principal and interest on any bonds or notes issued by any such public corporation shall, so long as such agreement shall continue to be honored by the authority, cause such bonds or notes to be deemed to have been refunded and any such public corporation may deduct from its gross indebtedness any outstanding indebtedness contracted for such property or facility to be acquired by the authority.3.
The county may acquire by purchase, grant, lease, gift or condemnation pursuant to the eminent domain procedure law real property in the name of the county for any corporate purpose of the authority.4.
Notwithstanding the provisions of any other law, general, special or local, real property acquired by the authority or the county from the state may be used for any corporate purpose of the authority provided, however, no non-hazardous solid waste, toxic, or hazardous waste site, center, consolidated collection or transfer area, shall be located or maintained at the airport, or on lands adjacent to the airport that are used in support of airport operations as contained in any present or future airport layout plan approved by the New York state department of transportation or the federal aviation administration and no non-hazardous solid waste, toxic, or hazardous waste site, center, consolidated collection or transfer area, shall be located or maintained on any other lands made available by the county in support of airport operations by way of any agreement between the county and the airport operator. The storage of materials, which by federal definition may be classified as hazardous materials, but are acquired by the airport operator, its agent, or assignee, solely in support of airport operations or airport facility maintenance shall be exempt from the provisions of this subdivision. The inventory, storage and use of such materials shall be in accordance with all applicable federal and state regulations.
Source:
Section 2780 — Advances on behalf of the authority; transfer of property to authority; acquisition of property by county for authority, https://www.nysenate.gov/legislation/laws/PBA/2780 (updated Sep. 22, 2014; accessed Oct. 26, 2024).
