Legislation
SECTION 2780
Advances on behalf of the authority; transfer of property to authority; acquisition of property by county for authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 32
§ 2780. Advances on behalf of the authority; transfer of property to
authority; acquisition of property by county for authority. 1. In
addition to any powers granted to it by law, the county may, from time
to time, appropriate by resolution sums of money to defray project costs
or any other costs and expenses of the authority including operating
expenses.
Subject to the rights of bond holders, the county may determine if the
monies 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.
2. Notwithstanding any inconsistent provision of any general, special
or local law, ordinance, resolution or charter, any public corporation
may, by a majority vote of its governing body and the approval of its
chief executive officer, give, grant, sell, convey, loan, license the
use of or lease to the authority any property or facilities, including
aviation facilities and pollution control facilities, which are useful
in connection with the exercise by the authority of its powers under
this title. Any such gift, grant, sale, conveyance, loan, license or
lease shall be upon such terms and conditions, and for such term or
terms of years, subject to the rights of the holders of any bonds, as
the authority and such public corporation may agree. Any such gift,
grant, sale, conveyance, lease, loan or license shall not be subject to
referendum, permissive or mandatory. In the event that any public
corporation gives, grants, sells, conveys, loans, licenses or leases any
aviation facilities or pollution control facilities to the authority,
such public corporation may contract with the authority to lease,
borrow, license, operate, maintain, manage and provide services for such
facilities upon such terms and conditions and for such term or terms of
years, subject to the rights of holders of bonds, as the authority and
such public corporation may agree. The authority, in furtherance of any
purchase, conveyance or lease of any property or facility from any
public corporation, may assume the primary responsibility for the
payment of the principal and interest on any bonds or notes issued by
such public corporation for such property or facility. For purposes of
section 136.00 of the local finance law, any agreement by the authority
to assume the primary responsibility for the payment of the principal
and interest on any bonds or notes issued by any such public corporation
shall, so long as such agreement shall continue to be honored by the
authority, cause such bonds or notes to be deemed to have been refunded
and any such public corporation may deduct from its gross indebtedness
any outstanding indebtedness contracted for such property or facility to
be acquired by the authority.
3. The county may acquire by purchase, grant, lease, gift or
condemnation pursuant to the eminent domain procedure law 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, real property acquired by the authority or the county from the
state may be used for any corporate purpose of the authority provided,
however, no non-hazardous solid waste, toxic, or hazardous waste site,
center, consolidated collection or transfer area, shall be located or
maintained at the airport, or on lands adjacent to the airport that are
used in support of airport operations as contained in any present or
future airport layout plan approved by the New York state department of
transportation or the federal aviation administration and no
non-hazardous solid waste, toxic, or hazardous waste site, center,
consolidated collection or transfer area, shall be located or maintained
on any other lands made available by the county in support of airport
operations by way of any agreement between the county and the airport
operator. The storage of materials, which by federal definition may be
classified as hazardous materials, but are acquired by the airport
operator, its agent, or assignee, solely in support of airport
operations or airport facility maintenance shall be exempt from the
provisions of this subdivision. The inventory, storage and use of such
materials shall be in accordance with all applicable federal and state
regulations.
authority; acquisition of property by county for authority. 1. In
addition to any powers granted to it by law, the county may, from time
to time, appropriate by resolution sums of money to defray project costs
or any other costs and expenses of the authority including operating
expenses.
Subject to the rights of bond holders, the county may determine if the
monies 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.
2. Notwithstanding any inconsistent provision of any general, special
or local law, ordinance, resolution or charter, any public corporation
may, by a majority vote of its governing body and the approval of its
chief executive officer, give, grant, sell, convey, loan, license the
use of or lease to the authority any property or facilities, including
aviation facilities and pollution control facilities, which are useful
in connection with the exercise by the authority of its powers under
this title. Any such gift, grant, sale, conveyance, loan, license or
lease shall be upon such terms and conditions, and for such term or
terms of years, subject to the rights of the holders of any bonds, as
the authority and such public corporation may agree. Any such gift,
grant, sale, conveyance, lease, loan or license shall not be subject to
referendum, permissive or mandatory. In the event that any public
corporation gives, grants, sells, conveys, loans, licenses or leases any
aviation facilities or pollution control facilities to the authority,
such public corporation may contract with the authority to lease,
borrow, license, operate, maintain, manage and provide services for such
facilities upon such terms and conditions and for such term or terms of
years, subject to the rights of holders of bonds, as the authority and
such public corporation may agree. The authority, in furtherance of any
purchase, conveyance or lease of any property or facility from any
public corporation, may assume the primary responsibility for the
payment of the principal and interest on any bonds or notes issued by
such public corporation for such property or facility. For purposes of
section 136.00 of the local finance law, any agreement by the authority
to assume the primary responsibility for the payment of the principal
and interest on any bonds or notes issued by any such public corporation
shall, so long as such agreement shall continue to be honored by the
authority, cause such bonds or notes to be deemed to have been refunded
and any such public corporation may deduct from its gross indebtedness
any outstanding indebtedness contracted for such property or facility to
be acquired by the authority.
3. The county may acquire by purchase, grant, lease, gift or
condemnation pursuant to the eminent domain procedure law 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, real property acquired by the authority or the county from the
state may be used for any corporate purpose of the authority provided,
however, no non-hazardous solid waste, toxic, or hazardous waste site,
center, consolidated collection or transfer area, shall be located or
maintained at the airport, or on lands adjacent to the airport that are
used in support of airport operations as contained in any present or
future airport layout plan approved by the New York state department of
transportation or the federal aviation administration and no
non-hazardous solid waste, toxic, or hazardous waste site, center,
consolidated collection or transfer area, shall be located or maintained
on any other lands made available by the county in support of airport
operations by way of any agreement between the county and the airport
operator. The storage of materials, which by federal definition may be
classified as hazardous materials, but are acquired by the airport
operator, its agent, or assignee, solely in support of airport
operations or airport facility maintenance shall be exempt from the
provisions of this subdivision. The inventory, storage and use of such
materials shall be in accordance with all applicable federal and state
regulations.