N.Y. Public Authorities Law § 2049-c: Town of North Hempstead solid waste management authority

§ 2049-c. Town of North Hempstead solid waste management authority. 1.

A corporation known as the Town of North Hempstead solid waste

management authority is hereby created for the public purposes and

charged with the duties and having the powers provided in this title.

The authority shall be a body corporate and politic constituting a

public benefit corporation and a public authority. Its membership shall

consist of a board of seven directors comprised, ex-officio, of the

members of the town board.

2. The members of the authority shall receive no compensation for

their services, whether as members or officers of the authority, but

shall be reimbursed for all of their actual and necessary expenses

incurred in connection with the carrying out of the purposes of this

title. The powers of the authority shall be vested in and be exercised

by the governing body at a meeting duly called and held where a quorum

of four members are present. No action shall be taken except by the

favorable vote of at least four members. The officers of the authority,

in addition to the chairman, shall consist of a vice-chairman and a

treasurer who shall be members of the authority, and a secretary, who

need not be a member of the authority. The officers of the authority

other than the chairman shall be selected by the members of the

authority, and such officers shall serve in such capacities at the

pleasure of the authority. In addition to the position of secretary, the

authority may appoint and at pleasure remove an executive director,

attorney and engineer, which positions shall be in the exempt class of

the civil service, and such additional officers and employees as it may

deem necessary, and may determine and fix their qualifications, duties

and compensation, without regard to whether they are or shall also be

employees or agents of the town and are or shall be being compensated as

such, subject to the provisions of the civil service law. The authority

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

employees any such powers as it may deem proper. The authority may also

contract for expert professional services. The treasurer shall execute a

bond conditioned on the faithful performance of the duties of his or her

office, the amount of sufficiency of which shall be approved by the

governing body and the premium for which shall be paid by the authority.

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 authority, nor shall service as a member, officer, agent

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

membership or employment.

4. (a) The town shall file on or before March thirty-first of the year

following the year in which this title shall have become a law, in the

office of the secretary of state, a certificate signed by the town

supervisor setting forth: (1) the name of the authority; (2) the names

of the members; and (3) the effective date of this title.

(b) The authority shall be perpetual in duration, except that if the

certificate referred to in paragraph (a) of this subdivision is not

filed with the secretary of state on or before the date specified in

such paragraph, then the corporate existence of the authority shall

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

and except, further, that the authority and its corporate existence may

be terminated by law or by resolution of the town board, provided,

however, that no such termination shall take effect so long as the

authority shall have bonds or other obligations outstanding unless

adequate provision has been made for the payment or satisfaction

thereof. Upon any termination of the existence of the authority, all of

the rights and properties of the authority then remaining shall pass to

and vest in the town. In connection with any such termination pursuant

to a resolution of the town board, the town supervisor shall, within

thirty days of the effective date of such termination, file in the

office of the secretary of state a certificate setting forth the name of

the authority and the effective date of the termination.