« ПретходнаНастави »
charges and to require the authority to carry out any other agreements with the holders of such bonds to perform its duties under this title;
(b) bring an action or proceeding upon such bonds;
(c) by action or proceeding, require the authority to account as if it were the trustee of an express trust for the holders of such bonds;
(d) by action or proceeding, en join any acts or things which may be unlawful or in violation of the rights of the holders of such bonds; and
(e) declare all such bonds due and payable, and if all defaults shall be made good, then with the consent of the holders of twenty-five per centum of the principal amount of such bonds then outstanding, to annul such declaration and its consequences.
3. Such trustee shall in addition to the foregoing have and possess all of the powers necessary, or appropriate for the exercise of any functions specifically set forth herein or incident to the general representation of bondholders in the enforcement and protection of their rights.
4. The supreme court shall have jurisdiction of any action or proceeding by the trustee on behalf of such bondholders. The venue of any such action or proceeding shall be laid in the county in which the principal office of the authority is located.
5. Before declaring the principal of bonds due and payable, the trustee shall first give thirty days notice in writing to the authority.
6. Any such trustee, whether or not the issue of bonds represented by such trustee has been declared due and payable, shall be entitled as of right to the appointment of a receiver of any part or parts of the project, the revenues of which are pledged for the security of the bonds of such issue, and such receiver may enter and take possession of such part or parts of the project and, subject to any pledge agreement with holders of such bonds, shall take possession of all moneys and other property derived from such part or parts of the project and proceed with any construction thereon the acquisition of any property real or personal, in connection therewith that the authority is under obligation to do, and to operate, maintain and reconstruct such part or parts of the project and collect and receive all revenues thereafter arising therefrom subject to any pledge thereof or agreement with bondholders relating thereto and perform
the public duties and carry out the agreements and obligations of the authority under the direction of the court. In any suit, action or proceeding by the trustee the fees, coun. sel fees and expenses of the trustee and of the receiver, if any, shall constitute taxable disbursements and all costs and disbursements allowed by the court shall be a first charge on any revenues derived from the project.
7. Each of the local governments and other municipalities within the area of operation are authorized to pledge to and agree with the holders of the bonds that such local governments and municipalities will not limit or impair the rights hereby vested in the authority to purchase, construct, maintain,
operate, repair, improve, increase, enlarge, extend, reconstruct, renovate, rehabilitate or dispose of any project, any part or parts thereof, for which bonds of the authority shall have been issued, to establish and collect rates, rents, fees and other charges referred to in this title and to fulfill the terms of any agreements made with the holders of the bonds or with any public corporation or person with reference to such project or part thereof, or in any way impair the rights and remedies of the bondholders, until the bonds, together with interest thereon, with interest on any unpaid installments of interest and all costs and expenses in connection with any action proceeding by or on behalf of the bondholders are fully met and discharged.
§ 2052-j. State, local governments and municipalities not liable on bonds. Neither the state, the local governments nor any other municipality or public corporation shall be liable on the bonds of the authority and such bonds shall not be a debt of the state, local
governments any other municipality or public corporation, and such bonds shall contain, on the face thereof, a statement to such effect.
§ 2052-k. Moneys of the authority. All moneys of the authority from whatever source derived shall be paid to the treasurer of the authority and shall be deposited forthwith in interest bearing accounts in a bank or banks in the state designated by the governing body. The moneys
in suci account shall be paid out on check of the treasurer upon requisition by the governing body or of such other person persons
the governing body may authorize to make such requisitions. All deposits of such moneys shall be secured by obligations of the United States, the state
of the local governments of a market value equal at all
ess C en
times to the amount on deposit and all banks and trust companies authorized to give such security for such deposits. The authority shall have power, notwithstanding the provisions of this section, to contract with the 'holders of any bonds as to the custody, collection, security, investment and payment of any moneys of the authority or any moneys held in trust or otherwise for the payment of bonds or in any way to secure bonds, and to carry out any such contract notwithstanding that such contract may be inconsistent with the provisions of this section. Moneys held in trust or otherwise for the payment of bonds or
any way to secure bonds and deposits of such moneys may be secured in the same manner as moneys of the authority and all bank's and trust companies authorized to give such security for such deposits. Any moneys of the authority not required for immediate use or disbursement may, at the discretion of the authority, be invested in those obligations specified pursuant to the provisions of
the state finance law. Subject to the provisions of any contract with bondholders and with the approval of the comptroller, the authority shall prescribe a system of accounts. $ 2052-1. Bonds and notes
legal investment. The bonds of the authority 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 banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, investment companies and other persons carrying on a banking business, and administrators, guardians, executors, trustees and other fiduciaries and all other
persons whatsoever, who are now or may hereafter be authorized to invest in bonds or notes, or other obligations of the state, may properly and legally inyest funds including capital in their control or belonging to them. The bonds and notes are also hereby made securities which may be deposited with and may be received by all public officers and bodies of this state and all municipalities for any purposes for which the deposit of bonds or notes or other obligations of this state is now, or hereafter may be authorized.
§ 2052-10. Agreement with the state. The state does hereby pledge to and agree with the holders of any bonds issued by the authority pursuant to this title that the state will not alter or' limit the right's hereby vested in the authority to purchase, construct, maintain, operate, repair, improve, increase, enlarge, extend, reconstruct, renovate, rehabilitate or dispose of any project, or any part or parts thereof, for which bonds of the authority shall have been issued, to establish and collect rates, rents, fees and other charges referred to in this title to fulfill the terms of any agreement made with or for the benefit of the holders of bonds or with any public corporation or person with reference to such project or past* thereof, or in any way, to impair the rights and remedies of bondholders until the bonds, together with the interest thereon, including interest on any unpaid installments of interest and all costs and expenses
action proceeding by or behalf of such holders, are fully met and discharged; provided, however, that this section shall not be construed to limit in any manner the ability of the state to alter, amend or enforce laws or regulations to protect public health and the environment. The authority is authorized to
include this pledge and agreement of the state in any agreement with bondholders.
$ 2052-n. Exemption from taxes, assessments and certain fees. 1. It is
transferred by it on its behalf; provided, however, that any real property owned or under the jurisdiction, supervision or
control of the authority outside of the district So in original. ("past" should be "part". ) EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law
shall be exempt from real property taxes, ad valorem levies special assessments only pursuant to and to the extent provided by an agreement with the governing body of the municipality in which said real property is located. The construction, use, occupation or possession of any property owned by the authority or the
town, including improvements thereon, by any
person or public corporation under a lease, lease and sublease or any other agreement shall not operate to abrogate limit the foregoing exemption, notwithstanding that the lessee, user, occupant or person in possession shall claim ownership for federal income tax purposes.
2. Any bonds issued pursuant to this title together with the income therefrom shall be exempt from taxation except for transfer and estate taxes. The revenues, moneys and all other property and all activities of the authority shall be exempt from all taxes and
fees charges, whether imposed by the state or any municipality, including without limitation real estate taxes, franchise taxes, sales taxes other excise taxes.
3. The state hereby covenants with the purchasers and with all subsequent holders and transferees of bonds issued by the authority pursuant to this title, in consideration of the acceptance of and payment for the bonds, that the bonds of the authority issued pursuant to this title and the income therefrom shall be exempt from such taxation, as aforestated in subdivision two of this section, and that all revenues, moneys,
and other property pledged to secure the payment of such bonds shall at all times be free from such taxes as aforestated in such subdivision.
§ 2052-0. Actions against the authority. 1. Except in an action for wrongful death, no action or special proceeding shall be
prosecuted maintained against the authority for persona) in jury or damage to real or personal property alleged to have been sustained by reason of the negligence or wrongful act of the authority or of any member, officer, agent or employee thereof, unless (a) a notice of claim shall have been made and served upon the authority within the time limit by and in compliance with section fifty-e of the general municipal law, or (b) it shall appear by, and as an allegation in the complaint or moving papers that at least thirty days have elapsed since the service of such notice and that adjustment or payment thereof has been neglected or refused, and (c) the action or special proceeding shall be commenced within one year
and ninety days after the happening of the event upon which the claim is based. An action against the authority
wrongful death shall be commenced in accordance with the notice of claim and time limitation provisions of title eleven of article nine of this chapter. ACtions
to recover damages for personal in jury or in jury to property caused by the latent effects of exposure to any substance or combination of substances, in any form, upon or within the body or upon or within property shall be governed by section two hundred fourteen-c
of the civil practice law and rules.
2. Wherever a notice of claim is served upon the authority, it shall have the right to demand an examination of the claimant relative to the occurrence and
the injuries or damages for which claim is made, in accordance with the provisions of section fifty-h of the
general municipal law.
3. The authority may require any person presenting for settlement an account or claim for any cause whatever against the authority, to
be before member, counsel or an attorney, officer or employee of the authority designated for such purpose concerning such account or claim and, when so sworn, to answer orally, as to any facts relative to such account or claim. The authority shall have power to settle or
adjust all claims in favor of or against the authority.
4. The rate of interest to be paid by the authority upon any judgment for which it is liable, other than a judgment on its bonds, shalt be the rate prescribed by section three-a of the general municipal law. Interest' on payments of principal or interest any bonds in default shall accrue at the rate borne by such bonds from the due date thereof until paid or otherwise satisfied.
5. Any action or proceeding to which the authority or the people of the state may be parties, in which any question arises as to the validity of this title, shall be preferred over all other civil causes of 8ction or cases, except election causes of action or cases, in all courts of
the state and shall be heard and determined in preference to all civil business pending therein, except election causes, irrespective
of position on the calendar. The same preference shall be granted upon application of the authority or its counsel in any action or proceeding
Dee ete of or ng Or
questioning the validity of this title in which the authority may be allowed to intervene. The venue of any such action or proceeding shall be laid in the supreme court of the county in which the principal office of the authority is located.
§ 2052-p. Contracts. 1. All contracts or orders for work, material or supplies performed or furnished in connection with construction shall be awarded by the authority pursuant to resolution of the governing body except as hereinafter provided. Such awards, when applicable, shall be made in compliance with paragraph (e) of subdivision four and subdivision seven of section one hundred twenty-w of the general municipal law. In any construction contract, the authority may provide a program for the payment of damages for delays and incentive awards in order to courage the project completion. An action, suit or proceeding contesting the validity of a contract awarded pursuant to this section,
the validity of the procedures relating to such award, shall be governed by the provisions of subdivision six of section one hundred twenty-w of the general municipal law and the term "municipality" as used in such subdivision six shall mean the authority.
2. A bidder whose bid is accepted shall give security for the faithful performance of the contract, and such other security the authority may require, and may be required to maintain any construction done under the contract for such period as shall be stipulated, all in the prescribed, and required by the authority and the sufficiency of such security shall, in addition to the justification and acknowledgement, be approved by the authority. All bids or proposals shall be publicly opened by the governing body or its duly authorized agent. If the bidder whose bid or proposal has been accepted after advertising shall neglect or refuse to accept the contract within five days after written notice that the contract has been awarded to him on his bid or proposal or if he accepts but does not execute the contract and give proper Security, the authority shall have the right to declare his deposit forfeited. In case any work shall be abandoned by any contractor, the authority nay,
if determines that the public interest is thereby served, adopt on behalf of the authority any or all subcontracts made by such contractor for such work and all such subcontractors shall be bound by such adoption if made. No bid or proposal shall be accepted from any contract awarded to any person or corporation who is in arrears to the authority or the local governments upon any obligation of the authority or of the local governments. Every contract shall be executed in duplicate, one copy of which shall be held by the authority and copy of which shall be delivered to the contractor. The authority may adopt, utilize, ratify and confirm any request for proposals, invitation for sealed bids, plans, specifications and notices heretofore or hereafter published by the local governments with respect to any proposed project. The provisions of this section shall supersede any inconsistent provisions of the general municipal law, or any other, general, special or local law, or the charters of any of the local governments. The authority shall be deemed an authority for the purpose of section twenty-eight hundred seventy-eight of this chapter. § 2052-9. Interest in contracts prohibited. It shall be a misdemeanor for any member of the governing body or any officer, agent, servant employee of the authority, to be
in any way or manner interested, directly or indirectly, in the furnishing of work, materials, supplies of labor, or in any contract therefor which the authority is empowered by this title to make.
2052-r. Audit and annual report. In conformity with the provisions of section five of article ten of the constitution, the accounts of the author ity shall be subject to the supervision of the state comptroller and an annual audit shall be performed by an independent certified accountant. The authority shall annually submit to the governor and state comptroller and to the state legislature a
detailed report purSant to the provisions of section two thousand eight hundred of title one of article nine of this chapter, and a copy of such report shall be filed with the chief executive officer of each of the local governments. The authority shall comply with the provisions of sections two thousand
two thousand Weight hundred two, and two thousand eight hundred three' of title one of article nine of this chapter.
2052-s. Limited liability. Neither the members of the governing body, nor any municipality, officer or employee acting in its behalf, EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law
eight hundred one,
while acting within the scope of their authority, shall be subject to any, personal liability resulting from the construction, maintenance* operation of any of the properties of the authority or from carrying out any of the powers expressly given in this title; provided, however, that this section shall not be held to appiy to any independent contractor.
5 2052-t. Contracts with the local governments and other municipalities; powers of municipalities. 1. Any of the local governments and any of the municipalities located within the area of operation, or the authority and any of the local governments or such municipalities, shall have the
power to contract from time to time between or among themselves, or among themselves and with the authority, in relation to the receiving, transporting, storage, processing or disposal of solid waste or for the purchase or use of any materials, energy, by-products residue generated by or resulting from the operation of any solid waste management facility. Any such contract to which the authority, any local government or any municipality within the area of operation are parties may include provisions stipulating the minimum and/or maximum rates, rentals, fees and other charges to be collected for the use and availability of facilities. Any such contract may also include provisions (i) requiring the periodic delivery to a specified facility or facilities of all or any portion of the solid waste generated, originated brought within such local government or municipality and providing for specified minimum periodic payments whether or not such delivery is made
caused to be made, subject only to such exceptions, terms and condi; tions as may be provided therein, or (ii) requiring, each of the local governments other municipalities to
pay such anounts as shall be necessary to assure the continued operation and solvency of the agency, such payments to be determined and paid in such manner and at such times as may be provided in such contract.
2. In recognition of existing state policy, as declared in title one of article twenty-seven of the environmental conservation law, the legislature hereby affirms the primacy of the local and regional role in solid waste management and resource recovery procedures. To further the governmental
and public purposes of this title, including the implementation of any contract or proposed contract contemplated by this title, and in recognition of the public policy of the state in the area of the control and management of solid waste and solid waste disposal activities to displace competition with regulation or monopoly public control, each of the local governments and all other municipalities within the area of operation, instrumentalities of the state, shall have the power to adopt and amend local laws, ordinances and regulations imposing appropriate and reasonable limitations on competition with respect to collecting, receiving, transporting, delivering, storing, processing and disposing of solid waste or the recovery by any means of any material or energy product or resource therefrom, including, without limiting the generality of the foregoing, local laws requiring that all solid waste generated, originated or brought within their respective boundaries, subject to such exceptions as may be determined to be in the public interest, shall be delivered to specified solid waste managementresource recovery facility; provided, however, that any such local law, ordinance or regulation enacted by a local government shall take precedence
and shall supersede any inconsistent provisions of any such local law, ordinance or regulation enacted by any other municipalities within the area of operation. Any such local law shall be adopted in accordance with the procedure provided by the municipal home rule law, cept that no such local law shall be subject to either mandatory or permissive referendum. Any such local law may include provisions for the enforcement thereof and penalties for the violation thereof, which may provide, but shall not be limited to providing, that any violation of local law may be punished by
punished by civil penalty, fine or other monetary charge,, and/or, the suspension or revocation of permits
licenses granted by any other jurisdiction with respect to the collecting, receiving, transporting, delivery or storing of solid waste.
Upon the adoption
law, ordinance or regulation pursuant to this title, a local government or other municipality shall file verified copy of such local law, ordinance or regulation with the commissioner of the department of environmental conservation; provided, however,
that failure to so file such a local law, ordinance or regulation shall not invalidate such local law, ordinance or regulation.
* So in original. (Word "or" inadvertently omitted. )