Title PBA, Public Authorities

§ 2045-i. Remedies of bondholders. Subject to any resolution or resolutions adopted pursuant to paragraph (j) of subdivision three of section two thousand forty-five-h of this title: 1. In the event that the agency shall default in the payment of principal of or interest on any …

§ 2045-j. State, county and municipalities not liable on agency bonds. Neither the state, the county nor any other municipality or public corporation shall be liable on the bonds of the agency and such bonds shall not be a debt of the state, the county or any other municipality …

§ 2045-k. Moneys of the agency. All moneys of the agency from whatever source derived shall be paid to the treasurer of the agency and shall be deposited forthwith in a bank or banks in the state designated by the governing body. The moneys in such accounts shall be paid out on …

§ 2045-l. Bonds legal investment for fiduciaries. The bonds of the agency are hereby made securities in which all public officials and bodies of the state and all municipalities, all insurance companies and associations and other persons carrying on an insurance business, all ba…

§ 2045-m. Agreement with the state. The state does hereby pledge to and agree with the holders of any bonds issued by the agency pursuant to this title that the state will not alter or limit the rights hereby vested in the agency to purchase, construct, maintain, operate, repair…

§ 2045-n. Exemption from taxes, assessments and certain fees. 1. It is hereby determined that the creation of the agency and the carrying out of its corporate purposes is in all respects for the benefit of the people of the county and the state and is a public purpose and the ag…

§ 2045-o. Actions against agency. 1. Except in an action for wrongful death, no action or special proceeding shall be prosecuted or maintained against the agency for personal injury or damage to real or personal property alleged to have been sustained by reason of the negligence…

§ 2045-p. Contracts. 1. All contracts or orders, for work, material or supplies performed or furnished in connection with construction, shall be awarded by the agency pursuant to resolution of the governing body except as hereinafter provided. Such awards, when applicable, shall…

§ 2045-q. Interest in contracts prohibited. It shall be a misdemeanor for any member of the governing body or any officer, agent, servant or employee of the agency to be in any way or manner interested, directly or indirectly, in the furnishing of work, materials, supplies or la…

§ 2045-r. Audit and annual report. In conformity with the provisions of section five of article ten of the constitution, the accounts of the agency shall be subject to the supervision of the state comptroller. The agency shall annually submit to the governor and state comptrolle…

§ 2045-s. Limited liability. Neither the members of the governing body, nor any municipality, officer or employee acting in its behalf, while acting within the scope of their authority, shall be subject to any personal liability resulting from the construction, maintenance or op…

§ 2045-t. Pledge by county; contracts with municipalities; powers of municipalities. 1. The county is hereby authorized to pledge to and agree with the holders of the bonds that the county will not limit or impair the rights hereby vested in the agency to purchase, construct, ma…

§ 2045-u. Solid waste facility reserve fund. The county legislature may establish a special fund, to be known as the solid waste facility reserve fund of the county. There shall be credited to such reserve fund all amounts paid to the county and specifically designated by the pa…

§ 2045-v. Transfer of environmental applications, proceedings, approvals and permits. 1. Any application in relation to the purposes of or contemplated by this title heretofore filed, or any proceeding heretofore commenced, by the county with the state department of environmenta…

§ 2045-w. Separability clause. If any section, clause or provision in this title shall be held by a competent court to be unconstitutional or ineffective in whole or in part, to the extent that it is not unconstitutional or ineffective, it shall be valid and effective, and no ot…

§ 2045-x. Effect of inconsistent provisions. In so far as the provisions of this title are inconsistent with the provisions of any other act, general or special, or of the county charter or any local law, ordinance or resolution of the county or any other municipality, the provi…

§ 2046-a. Short title. This title may be cited as the "Islip resource recovery agency act".

§ 2046-b. Definitions. As used or referred to in this title, unless a different meaning clearly appears from the context: 1. "Agency" shall mean the public benefit corporation created by section two thousand forty-six-c of this title and shall be deemed a public authority. 2. "B…

§ 2046-c. The Islip resource recovery agency. 1. A corporation known as the "Islip resource recovery agency" is hereby created for the purposes and charged with the duties and having the powers provided in this title. The agency shall be a body corporate and politic constituting…

§ 2046-d. State and town not liable on bonds or notes. Neither the state, the town nor any other municipality or other public corporation shall be liable on the bonds and notes of the agency and such bonds and notes shall not be a debt of the state, the town or any other municip…

§ 2046-e. Transfer of property. The town is authorized and empowered to give, grant, sell, convey, loan, license the use of or lease, to the agency, any property or facility of the town which is useful in connection with the exercise by the agency of its powers under this title.…

§ 2046-f. Powers. The agency shall have the power: 1. To sue and be sued; 2. To have a seal and alter the same at pleasure; 3. To acquire, hold or lease, in the name of the agency or to sell, mortgage, lease, or otherwise dispose of property, real, personal, mixed, or any intere…

§ 2046-g. Bonds and notes. 1. The agency shall have the power and is hereby authorized from time to time to issue bonds and notes, in conformity with applicable provisions of the uniform commercial code, in such principal amounts as it may determine to be necessary to pay the co…

§ 2046-h. Remedies of bondholders and noteholders. Subject to resolutions adopted pursuant to paragraph (j) of subdivision three of section two thousand forty-six-g of this title: 1. In the event that the agency shall default in the payment of principal of or interest on any iss…

§ 2046-i. Actions against agency. 1. In every action against the agency for damages, for injuries to real or personal property or for the destruction thereof, or for personal injuries or death, the complaint shall contain an allegation that at least thirty days have elapsed sinc…

§ 2046-j. Moneys of the agency. All moneys of the agency from whatever source derived shall be paid to the treasurer of the agency and shall be deposited forthwith in a bank or banks in the state designated by the agency. The moneys in such accounts shall be paid out on check of…

§ 2046-k. Transfer of officers and employees. Any officer or employee of the town selected by the agency may, with the consent of the town, be transferred to the agency. The salary or compensation of any such officer or employee shall, after such transfer, be paid and fixed by t…

§ 2046-l. Agreements of the state. The state does pledge to and agree with the holders of the bonds or notes that the state will not limit or alter the rights hereby vested in the agency to acquire, construct, maintain, operate, reconstruct and improve any project, or part or pa…

§ 2046-m. Bonds and notes as legal investments. The bonds and notes are hereby made securities in which all public officers and bodies of this state and all municipalities, all insurance companies and associations and other persons carrying on an insurance business, all banks, b…

§ 2046-n. Tax exemption. 1. It is hereby determined that the creation of the agency and the carrying out of its corporate purposes is in all respects for the benefit of the people of the town and the state and is a public purpose, and the agency shall be regarded as performing a…

§ 2046-o. Tax contract. The state covenants with the purchasers and with all subsequent holders and transferees of bonds or notes issued by the agency pursuant to this title, in consideration of the acceptance of and payment for the bonds or notes that the bonds and notes of the…

§ 2046-p. Disinterested officers. It shall be a misdemeanor for any director, officer, agent or employee of the agency to be in any way or manner interested, directly or indirectly, in the furnishing of work, materials, supplies or labor, or in any contract therefor, which the a…

§ 2046-q. Audit and annual report. In conformity with the provisions of section five of article ten of the constitution, the accounts of the agency shall be subject to the supervision of the state comptroller. The agency shall annually submit to the governor and the state comptr…

§ 2046-r. Limited liability. Neither the directors of the agency, nor the town or any other municipality, nor any person, or persons acting in behalf of the agency, while acting within the scope of their authority, shall be subject to any personal liability resulting from the er…

§ 2046-s. Contracts. All contracts or orders, for work, material or supplies performed or furnished in connection with construction, shall be awarded by the agency pursuant to resolution of the governing body except as hereinafter provided. Such awards, when applicable, may be m…

§ 2046-t. Agreements with the town. 1. The town is hereby authorized to pledge to and agree with the holders of the bonds and notes that: (a) The town will not limit or alter the rights hereby vested in the agency to acquire, construct, maintain, reconstruct and operate any proj…

§ 2046-u. Title not affected if in part unconstitutional or ineffective. If any provision of any section of this title or the application thereof to any person or circumstance shall be adjudged invalid by a court of competent jurisdiction, such order or judgment shall be confine…

§ 2047-a. Short title. This title shall be known and may be cited as the "Dutchess County Resource Recovery Agency Act."

§ 2047-b. Definitions. As used or to refer to in this title, unless a different meaning clearly appears from the context: 1. "Agency" means the public benefit corporation created by section two thousand forty-six-c of this title, known as the Dutchess County Resource Recovery Ag…

§ 2047-c. Dutchess County Resource Recovery Agency. 1. A corporation known as the Dutchess County Resource Recovery Agency is hereby created for the public purposes and charged with the duties and having the powers provided in this title. The agency shall be a body corporate and…

§ 2047-d. Transfer of property to agency; acquisition of property by county for agency. 1. The county or any other municipality may give, grant, sell, convey, loan, license the use of or lease to the agency any property or facility which is useful in connection with the exercise…

§ 2047-e. Powers of the agency. The agency shall have the power: 1. To sue and be sued; 2. To have a seal and alter the same; 3. To acquire in the name of the agency, hold, sell, lease, mortgage or otherwise dispose of property, real, personal or mixed, or any interest therein, …

§ 2047-f. Governmental capacity of the agency and municipalities. The county, other municipalities within the county and the agency in carrying out their respective powers and duties under this title shall be deemed to be acting in a governmental capacity. The construction, oper…

§ 2047-g. Transfer of officers and employees. Any officer or employee of the county under civil service, selected by the agency may, with the consent of the county executive, be transferred to the agency and shall be eligible for such transfer and appointment, without examinatio…

§ 2047-h. Bonds of the agency. 1. The agency shall have the power and is hereby authorized from time to time to issue bonds, in conformity with applicable provisions of the uniform commercial code, in such principal amounts as it may determine to be necessary to pay the cost of …

§ 2047-i. Remedies of bondholders. Subject to any resolution or resolutions adopted pursuant to paragraph (j) of subdivision three of section two thousand forty-six-h of this title: 1. In the event that the agency shall default in the payment of principal or of interest on any i…

§ 2047-j. State, county and municipalities not liable on agency bonds. Neither the state, the county nor any other municipality or public corporation shall be liable on the bonds of the agency and such bonds shall not be a debt of the state, the county or any other municipality …

§ 2047-k. Moneys of the agency. All moneys of the agency from whatever source derived shall be paid to the treasurer of the agency and shall be deposited forthwith in a bank or banks in the state designated by the governing body. The moneys in such accounts shall be paid out on …

§ 2047-l. Bonds legal investment for fiduciaries. The bonds of the agency are hereby made securities in which all public officials and bodies of the state and all municipalities, all insurance companies and associations and other persons carrying on an insurance business, all ba…

§ 2047-m. Agreement with the state. The state does hereby pledge to and agree with the holders of any bonds issued by the agency pursuant to this title that the state will not alter or limit the rights hereby vested in the agency to purchase, construct, maintain, operate, repair…