Title PBA, Public Authorities

§ 2045-j. State, county and municipalities not liable on agency bonds.\nNeither the state, the county nor any other municipality or public\ncorporation shall be liable on the bonds of the agency and such bonds\nshall not be a debt of the state, the county or any other municipali…

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

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

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

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

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

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

§ 2045-q. Interest in contracts prohibited. It shall be a misdemeanor\nfor any member of the governing body or any officer, agent, servant or\nemployee of the agency to be in any way or manner interested, directly\nor indirectly, in the furnishing of work, materials, supplies or…

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

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

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

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

§ 2045-v. Transfer of environmental applications, proceedings,\napprovals and permits. 1. Any application in relation to the purposes of\nor contemplated by this title heretofore filed, or any proceeding\nheretofore commenced, by the county with the state department of\nenvironm…

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

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

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

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

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

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

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

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

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

§ 2046-h. Remedies of bondholders and noteholders. Subject to\nresolutions adopted pursuant to paragraph (j) of subdivision three of\nsection two thousand forty-six-g of this title:\n 1. In the event that the agency shall default in the payment of\nprincipal of or interest on an…

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

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

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

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

§ 2046-m. Bonds and notes as legal investments. The bonds and notes\nare hereby made securities in which all public officers and bodies of\nthis state and all municipalities, all insurance companies and\nassociations and other persons carrying on an insurance business, all\nbank…

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

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

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

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

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

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

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

§ 2046-u. Title not affected if in part unconstitutional or\nineffective. If any provision of any section of this title or the\napplication thereof to any person or circumstance shall be adjudged\ninvalid by a court of competent jurisdiction, such order or judgment\nshall be con…

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

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

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

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

§ 2047-e. Powers of the agency. The agency shall have the power:\n 1. To sue and be sued;\n 2. To have a seal and alter the same;\n 3. To acquire in the name of the agency, hold, sell, lease, mortgage\nor otherwise dispose of property, real, personal or mixed, or any\ninterest t…

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

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

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

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

§ 2047-j. State, county and municipalities not liable on agency bonds.\nNeither the state, the county nor any other municipality or public\ncorporation shall be liable on the bonds of the agency and such bonds\nshall not be a debt of the state, the county or any other municipali…

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

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

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

§ 2047-n. Exemption from taxes, assessments and certain fees. 1. It is\nhereby determined that the creation of the agency and the carrying out\nof its corporate purposes is in all respects for the benefit of the\npeople of the county and the state and is a public purpose and the…