N.Y. Public Authorities Law § 2050-c: Ulster county resource recovery agency

§ 2050-c. Ulster county resource recovery agency. 1. A corporation

known as the Ulster 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

five members to be appointed by the chairman of the county legislature

including one member recommended to the chairman by the minority leader

of the county legislature. All members so appointed shall be subject to

confirmation by the county legislature. In making appointments of

members, the chairman of the county legislature shall give due

consideration to the representation of diverse geographical areas. The

first members appointed by the chairman of the county legislature shall

be appointed for the following terms of office; one for a term ending on

December thirty-first, nineteen hundred eighty-seven; two for a term

ending on December thirty-first, nineteen hundred eighty-eight; and two

for a term ending on December thirty-first, nineteen hundred

eighty-nine. 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. 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

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

pursuant to the favorable vote of at least three 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 and at pleasure remove an attorney, engineer and executive

director and 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 provisions of any general, special

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

employee of any municipality or any public benefit corporation within

the county or any adjoining county, 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 a full time officer, member or employee shall not be compensated in

the aggregate in an amount in excess of such officer's member's or

employee's full time compensation without the express approval of the

county legislature; and provided, further, 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 chairman of the county legislature shall file on or before

July first, nineteen hundred eighty-seven, in the office of the

secretary of state, a certificate setting forth: (1) the name of the

agency; (2) the names of the members appointed by the chairman of the

county legislature 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.