N.Y. Public Authorities Law § 2046-c: The Islip resource recovery agency

§ 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 a board of five directors comprised, ex-officio, of the members of

the town board. A quorum of the governing body shall consist of at least

three members for the transaction of any business or the exercise of any

power. At any meeting of the agency where a quorum is present, the

governing body shall have the power to act by the vote of a majority of

all its members. The agency may delegate to one or more of its members,

or its officers, agents or employees, such powers and duties as it may

deem proper. No member of the agency shall be appointed or serve as an

officer, agent or employee of the agency. The members of the agency

shall receive no compensation for their services but shall be reimbursed

for all their actual and necessary expenses incurred in connection with

the carrying out of the purposes of this title.

2. The officers of the agency shall consist of a president, executive

vice-president, treasurer and a secretary appointed by the agency for a

term not to exceed five years. The executive vice-president shall

possess such professional qualifications as shall be established by the

commissioner of environmental conservation and shall perform such powers

and duties with respect to the supervision of design and construction of

projects as may be determined by the governing body. The agency may

terminate the office of executive vice-president at any time after the

completion of construction of any project. The president, treasurer and

secretary shall execute bonds, each conditioned on the faithful

performance of the duties of his office, the amount and sufficiency of

each of which shall be approved by the governing body, and the premium

therefor shall be paid by the agency. The agency may appoint an

attorney who may be an officer of the agency, to act as its general

counsel. Other officers may be appointed as the agency may deem proper.

The agency may also from time to time contract for expert and

professional services. No member of the agency shall be eligible to

serve as an officer of the agency.

3. Notwithstanding any inconsistent provisions of this or any other

law, general, special or local, no officer or employee of the state, or

of any municipality thereof, shall be deemed to have forfeited or shall

forfeit his office or employment or any benefits provided under the

retirement and social security law by reason of his acceptance of

appointment as an officer, agent or employee of the agency, provided,

however, that no member of the town board shall be eligible for

appointment as an officer, agent or employee of the agency.

4. It is hereby determined and declared that the agency and the

carrying out of its powers, purposes and duties are in all respects for

the benefit of the people of the town and the state, for the improvement

of their health, welfare and prosperity and that said purposes are

public purposes and that the agency is and will be performing an

essential governmental function in the exercise of the powers conferred

upon it by this title.

5. The agency and its corporate existence shall continue until

terminated by law, provided, however, that no such law shall take effect

so long as the agency shall have bonds, notes or other obligations

outstanding, unless adequate provision has been made for the payment or

satisfaction thereof. Upon termination of the existence of the agency,

all of the rights and properties of the agency then remaining shall pass

to and be vested in the town in accordance with such law.

6. From time to time, the town board may, by resolution, appropriate

moneys to be advanced to the agency for the purpose of defraying project

costs or any other costs and expenses of the agency. The moneys so

advanced shall be repaid by the agency, subject to the rights of the

holders of any bonds or notes, at such time and in such manner as may be

agreed upon between the agency and the town board.

7. There shall be an annual independent audit of the accounts and

business practices of the agency performed by independent outside

auditors. Any such auditor shall serve no more than three consecutive

years.