2045-A – Short Title.
§ 2045-a. Short title. This title shall be known and may be cited as the “Onondaga county resource recovery agency act”.
2045-B – Definitions.
§ 2045-b. Definitions. As used or referred to in this title, unless a different meaning clearly appears from the context: 1. “Agency” shall mean the public benefit corporation created by section two thousand forty-five-c of this title, known as the Onondaga county resource recovery agency. 2. “Bonds” shall mean the bonds, notes or other evidences […]
2045-C – Onondaga County Resource Recovery Agency.
§ 2045-c. Onondaga county resource recovery agency. 1. A corporation known as the Onondaga county resource recovery agency is hereby created for the public purposes and charged with the duties and having the powers provided in this title. The agency shall be a body corporate and politic constituting a public benefit corporation. It shall consist […]
2045-D – Transfer of Property to Agency; Acquisition of Property by County for Agency.
§ 2045-d. Transfer of property to agency; acquisition of property by county for agency. 1. The county or any other municipality may give, grant, sell, convey, loan, license the use of or lease to the agency any property or facility which is useful in connection with the exercise by the agency of its powers under […]
2045-E – Powers of the Agency.
§ 2045-e. Powers of the agency. The agency shall have the power: 1. To sue and be sued; 2. To have a seal and alter the same; 3. To acquire in the name of the agency, hold, sell, lease, mortgage or otherwise dispose of property, real, personal or mixed, or any interest therein, without limitation, […]
2045-F – Governmental Capacity of the Agency and Municipalities.
§ 2045-f. Governmental capacity of the agency and municipalities. The county, other municipalities within the county and the agency in carrying out their respective powers and duties under this title shall be deemed to be acting in a governmental capacity. The construction, operation and maintenance of any project financed in whole or in part by […]
2045-G – Transfer of Officers and Employees.
§ 2045-g. Transfer of officers and employees. Any officer or employee of the county or of the Onondaga county solid waste disposal authority, under civil service, selected by the agency may, with the consent of the county or such authority, be transferred to the agency and shall be eligible for such transfer and appointment, without […]
2045-H – Bonds of the Agency.
§ 2045-h. Bonds of the agency. 1. The agency shall have the power and is hereby authorized from time to time to issue bonds, in conformity with applicable provisions of the uniform commercial code, in such principal amounts as it may determine to be necessary to pay the cost of any project or for any […]
2045-I – Remedies of Bondholders.
§ 2045-i. Remedies of bondholders. Subject to any resolution or resolutions adopted pursuant to paragraph (j) of subdivision three of section two thousand forty-five-h of this title: 1. In the event that the agency shall default in the payment of principal of or interest on any issue of bonds after the same shall become due, […]
2045-J – State, County and Municipalities Not Liable on Agency Bonds.
§ 2045-j. State, county and municipalities not liable on agency bonds. Neither the state, the county nor any other municipality or public corporation shall be liable on the bonds of the agency and such bonds shall not be a debt of the state, the county or any other municipality or public corporation, and such bonds […]
2045-K – Moneys of the Agency.
§ 2045-k. Moneys of the agency. All moneys of the agency from whatever source derived shall be paid to the treasurer of the agency and shall be deposited forthwith in a bank or banks in the state designated by the governing body. The moneys in such accounts shall be paid out on check of the […]
2045-L – Bonds Legal Investment for Fiduciaries.
§ 2045-l. Bonds legal investment for fiduciaries. The bonds of the agency 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 […]
2045-M – Agreement With the State.
§ 2045-m. Agreement with the state. The state does hereby pledge to and agree with the holders of any bonds issued by the agency pursuant to this title that the state will not alter or limit the rights hereby vested in the agency to purchase, construct, maintain, operate, repair, improve, increase, enlarge, extend, reconstruct, renovate, […]
2045-N – Exemption From Taxes, Assessments and Certain Fees.
§ 2045-n. Exemption from taxes, assessments and certain fees. 1. It is hereby determined that the creation of the agency and the carrying out of its corporate purposes is in all respects for the benefit of the people of the county and the state and is a public purpose and the agency shall be regarded […]
2045-O – Actions Against Agency.
§ 2045-o. Actions against agency. 1. Except in an action for wrongful death, no action or special proceeding shall be prosecuted or maintained against the agency for personal injury or damage to real or personal property alleged to have been sustained by reason of the negligence or wrongful act of the agency or of any […]
2045-P – Contracts.
§ 2045-p. Contracts. 1. All contracts or orders, for work, material or supplies performed or furnished in connection with construction, shall be awarded by the agency 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 […]
2045-Q – Interest in Contracts Prohibited.
§ 2045-q. Interest in contracts prohibited. It shall be a misdemeanor for any member of the governing body or any officer, agent, servant or employee of the agency to be in any way or manner interested, directly or indirectly, in the furnishing of work, materials, supplies or labor, or in any contract therefor which the […]
2045-R – Audit and Annual Report.
§ 2045-r. Audit and annual report. In conformity with the provisions of section five of article ten of the constitution, the accounts of the agency shall be subject to the supervision of the state comptroller. The agency shall annually submit to the governor and state comptroller and to the state legislature a detailed report pursuant […]
2045-S – Limited Liability.
§ 2045-s. Limited liability. Neither the members of the governing body, nor any municipality, officer or employee acting in its behalf, while acting within the scope of their authority, shall be subject to any personal liability resulting from the construction, maintenance or operation of any of the properties of the agency or from carrying out […]
2045-T – Pledge by County; Contracts With Municipalities; Powers of Municipalities.
§ 2045-t. Pledge by county; contracts with municipalities; powers of municipalities. 1. The county is hereby authorized to pledge to and agree with the holders of the bonds that the county will not limit or impair the rights hereby vested in the agency to purchase, construct, maintain, operate, repair, improve, increase, enlarge, extend, reconstruct, renovate, […]