2046-A – Short Title.
§ 2046-a. Short title. This title may be cited as the “Islip resource recovery agency act”.
§ 2046-a. Short title. This title may be cited as the “Islip resource recovery agency act”.
§ 2046-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-six-c of this title and shall be deemed a public authority. 2. “Bonds and notes” shall mean the bonds, notes or other […]
§ 2046-c. The Islip resource recovery agency. 1. A corporation known as the “Islip resource recovery agency” is hereby created for the 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. Its membership shall consist of […]
§ 2046-d. State and town not liable on bonds or notes. Neither the state, the town nor any other municipality or other public corporation shall be liable on the bonds and notes of the agency and such bonds and notes shall not be a debt of the state, the town or any other municipality or […]
§ 2046-e. Transfer of property. The town is authorized and empowered to give, grant, sell, convey, loan, license the use of or lease, to the agency, any property or facility of the town which is useful in connection with the exercise by the agency of its powers under this title. Any such gift, grant, sale, […]
§ 2046-f. Powers. The agency shall have the power: 1. To sue and be sued; 2. To have a seal and alter the same at pleasure; 3. To acquire, hold or lease, in the name of the agency or to sell, mortgage, lease, or otherwise dispose of property, real, personal, mixed, or any interest therein, […]
§ 2046-g. Bonds and notes. 1. The agency shall have the power and is hereby authorized from time to time to issue bonds and notes, 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 […]
§ 2046-h. Remedies of bondholders and noteholders. Subject to resolutions adopted pursuant to paragraph (j) of subdivision three of section two thousand forty-six-g 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 or notes after the same shall become […]
§ 2046-i. Actions against agency. 1. In every action against the agency for damages, for injuries to real or personal property or for the destruction thereof, or for personal injuries or death, the complaint shall contain an allegation that at least thirty days have elapsed since the demand, claim or claims upon which such action […]
§ 2046-j. 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 agency. The moneys in such accounts shall be paid out on check of the treasurer […]
§ 2046-k. Transfer of officers and employees. Any officer or employee of the town selected by the agency may, with the consent of the town, be transferred to the agency. The salary or compensation of any such officer or employee shall, after such transfer, be paid and fixed by the agency. Notwithstanding the provisions of […]
§ 2046-l. Agreements of the state. The state does pledge to and agree with the holders of the bonds or notes that the state will not limit or alter the rights hereby vested in the agency to acquire, construct, maintain, operate, reconstruct and improve any project, or part or parts thereof, for which bonds or […]
§ 2046-m. Bonds and notes as legal investments. The bonds and notes are hereby made securities in which all public officers and bodies of this 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 […]
§ 2046-n. Tax exemption. 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 town and the state and is a public purpose, and the agency shall be regarded as performing a governmental function […]
§ 2046-o. Tax contract. The state covenants with the purchasers and with all subsequent holders and transferees of bonds or notes issued by the agency pursuant to this title, in consideration of the acceptance of and payment for the bonds or notes that the bonds and notes of the agency issued pursuant to this title […]
§ 2046-p. Disinterested officers. It shall be a misdemeanor for any director, officer, agent 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 agency is empowered by this title to make.
§ 2046-q. 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 the state comptroller and to the state legislature a detailed report […]
§ 2046-r. Limited liability. Neither the directors of the agency, nor the town or any other municipality, nor any person, or persons acting in behalf of the agency, while acting within the scope of their authority, shall be subject to any personal liability resulting from the erection, construction, reconstruction, maintenance or operation of any project […]
§ 2046-s. Contracts. 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, may be made in compliance with paragraph (e) of subdivision four and subdivision seven of […]
§ 2046-t. Agreements with the town. 1. The town is hereby authorized to pledge to and agree with the holders of the bonds and notes that: (a) The town will not limit or alter the rights hereby vested in the agency to acquire, construct, maintain, reconstruct and operate any project, to establish and collect rates, […]