Legislation
SECTION 1199-FF*2
Appropriations for purposes of the authority; transfer of property to authority; acquisition of property by the county for authority; con...
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 8-E*
* § 1199-ff. Appropriations for purposes of the authority; transfer of
property to authority; acquisition of property by the county for
authority; contracts with county. 1. In addition to any powers granted
to it by law, the county legislature 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 authorized by this title. Subject to the rights of
bondholders, the county legislature may determine if the moneys 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. In the event there shall remain at the end of any fiscal year
of the county 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 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 property 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 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 may acquire by purchase or by exercise of the power of
eminent domain 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 to the contrary, real property acquired by the authority or 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,
the district, and the authority shall have the power to contract, from
time to time, between or among themselves, in relation to the purchase,
sale and transmission of water, which contracts may include any or all
of the following provisions: (a) requiring the purchase by the county,
any such municipality or the district of specified amounts of water; (b)
requiring the authority to reserve capacity in its water facility to
assure the availability to the county, any such municipality or the
district of a specified amount of water; (c) providing for specified
minimum periodic payments whether or not water is actually taken and
used, subject to such limitations, exceptions and provisions therein;
(d) requiring the county, any such municipality or the district to pay
to the authority such amounts as shall be necessary to assure the
continued operation of the authority; and (e) 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 or contract authorized by
this section may be made or entered into by the county and any other
municipality without a public hearing being first held therein and no
such gift, grant, sale, conveyance, loan or contract shall be subject to
referendum, permissive or otherwise.
* NB There are 2 § 1199-ff's
property to authority; acquisition of property by the county for
authority; contracts with county. 1. In addition to any powers granted
to it by law, the county legislature 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 authorized by this title. Subject to the rights of
bondholders, the county legislature may determine if the moneys 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. In the event there shall remain at the end of any fiscal year
of the county 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 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 property 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 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 may acquire by purchase or by exercise of the power of
eminent domain 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 to the contrary, real property acquired by the authority or 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,
the district, and the authority shall have the power to contract, from
time to time, between or among themselves, in relation to the purchase,
sale and transmission of water, which contracts may include any or all
of the following provisions: (a) requiring the purchase by the county,
any such municipality or the district of specified amounts of water; (b)
requiring the authority to reserve capacity in its water facility to
assure the availability to the county, any such municipality or the
district of a specified amount of water; (c) providing for specified
minimum periodic payments whether or not water is actually taken and
used, subject to such limitations, exceptions and provisions therein;
(d) requiring the county, any such municipality or the district to pay
to the authority such amounts as shall be necessary to assure the
continued operation of the authority; and (e) 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 or contract authorized by
this section may be made or entered into by the county and any other
municipality without a public hearing being first held therein and no
such gift, grant, sale, conveyance, loan or contract shall be subject to
referendum, permissive or otherwise.
* NB There are 2 § 1199-ff's