N.Y. Public Authorities Law § 2047-c: Dutchess County Resource Recovery Agency

§ 2047-c. Dutchess County Resource Recovery Agency. 1. A corporation

known as the Dutchess 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 of

seven members, three of whom shall be appointed by the county executive,

without confirmation of the county legislature, three of whom shall be

appointed by the chairman of the county legislature subject to

confirmation by the county legislature but without executive right to

veto, and one of whom shall be jointly appointed by the county executive

and the chairman of the county legislature, subject to confirmation by

the county legislature. Subsequent appointment of members shall be made

for a term of three years ending in each case on December thirty-first

of the last year of such term. No person who has served as a member for

two consecutive three year terms shall be eligible for reappointment as

a member for a third term, except after an interval of at least three

years. All members shall continue to hold office until their successors

are appointed and qualify. Vacancies shall be filled in the manner

provided for original appointment. Vacancies, occurring otherwise than

by expiration of term of office, shall be filled for the unexpired

terms. Members may be removed from office for the same reasons and in

the same manner as may be provided by law for the removal of officers of

the county. 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. The powers of the agency shall be vested in and

be exercised by the governing body at a meeting duly called and held and

four members shall constitute a quorum. No action shall be taken except

pursuant to the favorable vote of at least four members. The governing

body may delegate to one or more of its members, officers, agents or

employees such powers and duties as it may deem proper.

2. The officers of the agency shall consist of a chairman, a

vice-chairman and a treasurer, who shall be members of the agency, and a

secretary, who need not be a member of the agency. Such officers shall

be appointed by the governing body and shall serve at the pleasure of

the governing body. In addition to the secretary, the governing body may

appoint and at pleasure remove such additional officers and employees as

it may determine necessary for the performance of the powers and duties

of the agency, which positions shall be in the exempt class of civil

service and fix and determine their qualifications, duties and

compensation, subject to the provisions of the civil service law. The

governing body may also from time to time contract for expert

professional services. The treasurer shall execute a bond, conditioned

upon the faithful performance of the duties of his office, the amount

and sufficiency of which shall be approved by the governing body and the

premium therefor shall be paid by the agency.

3. Notwithstanding any inconsistent provision of any general, special

or local law, ordinance, resolution or charter, no officer, member or

employee of the state, any municipality, or any public benefit

corporation, shall forfeit his or her office or employment by reason of

his or her acceptance of appointment as a member, officer, agent or

employee of the agency, nor shall service as such member, officer, agent

or employee be deemed incompatible or in conflict with such office,

membership or employment; provided, however, that no public official

elected to his or her office pursuant to the laws of the state or any

municipality thereof may serve as a member of the governing body of the

agency during his or her term of office.

4. (a) The county executive shall file on or before March

thirty-first, nineteen hundred eighty-three, in the office of the

secretary of state, a certificate signed by the county executive setting

forth: (1) the name of the agency; (2) the names of the members

appointed by the county executive and their terms of office; and (3) the

effective date of this title. The agency shall be perpetual in duration,

except that if such certificate is not filed with the secretary of state

on or before such date, then the corporate existence of the agency shall

thereupon terminate and it shall thereupon be deemed to be and shall be

dissolved.

(b) Except as provided in paragraph (a) of this subdivision, 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 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

vest in the county.

5. In addition to any powers granted to it by law, the county

legislature from time to time may appropriate by resolution sums of

money to defray project costs or any other costs and expenses of the

agency. Subject to the rights of bondholders, the county legislature may

determine if the moneys so appropriated shall be subject to repayment by

the agency to the county and, in such event, the manner and time or

times for such repayment.

6. It is hereby determined and declared, that the agency and the

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

benefit of the people of the county and the state for the improvement of

their health, welfare and prosperity and that such 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.