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 as performing a governmental  function  in  the  exercise  of the powers conferred upon it by this title and shall not be  required to pay any taxes or assessments upon any property owned  by  it  or   under   its  jurisdiction,  control  or  supervision  or  upon  its  activities, or any filing,  recording  or  transfer  fees  or  taxes  in  relation  to  instruments filed, recorded or transferred by it or on its  behalf. The construction, use, occupation or possession of any  property  owned  by  the  agency or the county, including improvements thereon, by  any person or public corporation under a lease, lease  and  sublease  or  any other agreement shall not operate to abrogate or limit the foregoing  exemption,  notwithstanding that the lessee, user, occupant or person in  possession shall claim ownership for federal income  tax  purposes.  The  agency  shall  be  deemed a public authority for the purposes of section  four hundred twelve of the real property tax law.    2. Except in the case of  a  municipality  in  which  there  shall  be  located  a solid waste management-resource recovery facility, the agency  shall not be authorized to make any payments in lieu  of  real  property  taxes  or  assessments.  The provisions of this subdivision shall not be  deemed to prohibit the agency  from  paying  for  specific  governmental  services  provided  to  it  by  any  municipality, fire district or fire  protection district, and any fire district or fire  protection  district  providing such services is hereby authorized to charge for such services  and to receive such payments.    3.  Any  bonds  issued pursuant to this title together with the income  therefrom as well as the property of the agency  shall  be  exempt  from  taxes,  except for transfer and estate taxes. The state hereby covenants  with the purchasers and with all subsequent holders and  transferees  of  bonds  issued  by the agency pursuant to this title, in consideration of  the acceptance of and payment for the  bonds,  that  the  bonds  of  the  agency  issued  pursuant  to this title and the income therefrom and all  revenues, moneys, and other property pledged to secure  the  payment  of  such bonds shall at all times be free from taxation, except for transfer  and estate taxes.