Legislation
SECTION 2669-B
Agreement with county
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 28-B
§ 2669-b. Agreement with county. 1. The county is authorized to pledge
to and agree with the holders of any bonds issued by the authority
pursuant to this title and secured by such a pledge, and with those
persons or public authorities who may enter into contracts with the
authority pursuant to the provisions of this title that the county will
not alter, limit or impair the rights hereby vested in the authority to
purchase, construct, own and operate, maintain, repair, improve,
reconstruct, renovate, rehabilitate, enlarge, increase and extend, or
dispose of any project, or any part or parts thereof, for which bonds of
the authority shall have been issued, to establish, collect and adjust
rates, rents, fees and other charges referred to in this title, to
fulfill the terms of any agreements made with the holders of the bonds
or with any public authority or person with reference to such project or
part thereof, or in any way impair the rights and remedies of the
holders of bonds, until the bonds, together with interest thereon,
including interest on any unpaid installments of interest, and all costs
and expenses in connection with any action or proceeding by or on behalf
of the holders of bonds, are fully met and discharged and such contracts
are fully performed on the part of the authority.
2. (a) Nothing contained in this title shall be deemed to restrict the
right of the county to repeal the sales and compensating use taxes
imposed pursuant to the authority of section twelve hundred ten-C of the
tax law, provided such county imposes sales and compensating use taxes
pursuant to the authority of section twelve hundred ten of the tax law
at a rate not less than one-half of one percent, or, if the county does
not impose such taxes pursuant to the authority of section twelve
hundred ten-C of the tax law, to reduce the rate of such taxes imposed
pursuant to the authority of such section twelve hundred ten of the tax
law to a rate not less than one-half of one percent, or to amend, modify
or otherwise alter such taxes or appropriations relating thereto or to
amend, modify, repeal or otherwise alter other taxes or fees or
appropriations relating thereto.
(b) The authority shall not include in any resolution, contract or
agreement with the holders of its bonds, or such persons or public
authorities who may enter into contracts with the authority, any
provision stating that, as a result of the county exercising its right
to reduce, as described in paragraph (a) of this subdivision, the rate
of, amend, modify or otherwise alter such sales and compensating use
taxes or related appropriations, or its right to amend, repeal, modify
or otherwise alter any such other tax, fee or appropriation a default
will occur.
3. Nothing in this title shall be deemed to obligate the county to
make additional payments or impose any taxes to satisfy the debt service
obligations of the authority.
to and agree with the holders of any bonds issued by the authority
pursuant to this title and secured by such a pledge, and with those
persons or public authorities who may enter into contracts with the
authority pursuant to the provisions of this title that the county will
not alter, limit or impair the rights hereby vested in the authority to
purchase, construct, own and operate, maintain, repair, improve,
reconstruct, renovate, rehabilitate, enlarge, increase and extend, or
dispose of any project, or any part or parts thereof, for which bonds of
the authority shall have been issued, to establish, collect and adjust
rates, rents, fees and other charges referred to in this title, to
fulfill the terms of any agreements made with the holders of the bonds
or with any public authority or person with reference to such project or
part thereof, or in any way impair the rights and remedies of the
holders of bonds, until the bonds, together with interest thereon,
including interest on any unpaid installments of interest, and all costs
and expenses in connection with any action or proceeding by or on behalf
of the holders of bonds, are fully met and discharged and such contracts
are fully performed on the part of the authority.
2. (a) Nothing contained in this title shall be deemed to restrict the
right of the county to repeal the sales and compensating use taxes
imposed pursuant to the authority of section twelve hundred ten-C of the
tax law, provided such county imposes sales and compensating use taxes
pursuant to the authority of section twelve hundred ten of the tax law
at a rate not less than one-half of one percent, or, if the county does
not impose such taxes pursuant to the authority of section twelve
hundred ten-C of the tax law, to reduce the rate of such taxes imposed
pursuant to the authority of such section twelve hundred ten of the tax
law to a rate not less than one-half of one percent, or to amend, modify
or otherwise alter such taxes or appropriations relating thereto or to
amend, modify, repeal or otherwise alter other taxes or fees or
appropriations relating thereto.
(b) The authority shall not include in any resolution, contract or
agreement with the holders of its bonds, or such persons or public
authorities who may enter into contracts with the authority, any
provision stating that, as a result of the county exercising its right
to reduce, as described in paragraph (a) of this subdivision, the rate
of, amend, modify or otherwise alter such sales and compensating use
taxes or related appropriations, or its right to amend, repeal, modify
or otherwise alter any such other tax, fee or appropriation a default
will occur.
3. Nothing in this title shall be deemed to obligate the county to
make additional payments or impose any taxes to satisfy the debt service
obligations of the authority.