§ 2047-C — Dutchess County Resource Recovery Agency

§ 2047-c. Dutchess County Resource Recovery Agency. 1. A corporation\nknown as the Dutchess County Resource Recovery Agency is hereby created\nfor the public purposes and charged with the duties and having the\npowers provided in this title. The agency shall be a body corporate and\npolitic constituting a public benefit corporation. It shall consist of\nseven members, three of whom shall be appointed by the county executive,\nwithout confirmation of the county legislature, three of whom shall be\nappointed by the chairman of the county legislature subject to\nconfirmation by the county legislature but without executive right to\nveto, and one of whom shall be jointly appointed by the county executive\nand the chairman of the county legislature, subject to confirmation by\nthe county legislature. Subsequent appointment of members shall be made\nfor a term of three years ending in each case on December thirty-first\nof the last year of such term. No person who has served as a member for\ntwo consecutive three year terms shall be eligible for reappointment as\na member for a third term, except after an interval of at least three\nyears. All members shall continue to hold office until their successors\nare appointed and qualify. Vacancies shall be filled in the manner\nprovided for original appointment. Vacancies, occurring otherwise than\nby expiration of term of office, shall be filled for the unexpired\nterms. Members may be removed from office for the same reasons and in\nthe same manner as may be provided by law for the removal of officers of\nthe county. The members of the agency shall receive no compensation for\ntheir services but shall be reimbursed for all their actual and\nnecessary expenses incurred in connection with the carrying out of the\npurposes of this title. The powers of the agency shall be vested in and\nbe exercised by the governing body at a meeting duly called and held and\nfour members shall constitute a quorum. No action shall be taken except\npursuant to the favorable vote of at least four members. The governing\nbody may delegate to one or more of its members, officers, agents or\nemployees such powers and duties as it may deem proper.\n 2. The officers of the agency shall consist of a chairman, a\nvice-chairman and a treasurer, who shall be members of the agency, and a\nsecretary, who need not be a member of the agency. Such officers shall\nbe appointed by the governing body and shall serve at the pleasure of\nthe governing body. In addition to the secretary, the governing body may\nappoint and at pleasure remove such additional officers and employees as\nit may determine necessary for the performance of the powers and duties\nof the agency, which positions shall be in the exempt class of civil\nservice and fix and determine their qualifications, duties and\ncompensation, subject to the provisions of the civil service law. The\ngoverning body may also from time to time contract for expert\nprofessional services. The treasurer shall execute a bond, conditioned\nupon the faithful performance of the duties of his office, the amount\nand sufficiency of which shall be approved by the governing body and the\npremium therefor shall be paid by the agency.\n 3. Notwithstanding any inconsistent provision of any general, special\nor local law, ordinance, resolution or charter, no officer, member or\nemployee of the state, any municipality, or any public benefit\ncorporation, shall forfeit his or her office or employment by reason of\nhis or her acceptance of appointment as a member, officer, agent or\nemployee of the agency, nor shall service as such member, officer, agent\nor employee be deemed incompatible or in conflict with such office,\nmembership or employment; provided, however, that no public official\nelected to his or her office pursuant to the laws of the state or any\nmunicipality thereof may serve as a member of the governing body of the\nagency during his or her term of office.\n 4. (a) The county executive shall file on or before March\nthirty-first, nineteen hundred eighty-three, in the office of the\nsecretary of state, a certificate signed by the county executive setting\nforth: (1) the name of the agency; (2) the names of the members\nappointed by the county executive and their terms of office; and (3) the\neffective date of this title. The agency shall be perpetual in duration,\nexcept that if such certificate is not filed with the secretary of state\non or before such date, then the corporate existence of the agency shall\nthereupon terminate and it shall thereupon be deemed to be and shall be\ndissolved.\n (b) Except as provided in paragraph (a) of this subdivision, the\nagency and its corporate existence shall continue until terminated by\nlaw, provided, however, that no such law shall take effect so long as\nthe agency shall have bonds or other obligations outstanding unless\nadequate provision has been made for the payment or satisfaction\nthereof. Upon termination of the existence of the agency, all of the\nrights and properties of the agency then remaining shall pass to and\nvest in the county.\n 5. In addition to any powers granted to it by law, the county\nlegislature from time to time may appropriate by resolution sums of\nmoney to defray project costs or any other costs and expenses of the\nagency. Subject to the rights of bondholders, the county legislature may\ndetermine if the moneys so appropriated shall be subject to repayment by\nthe agency to the county and, in such event, the manner and time or\ntimes for such repayment.\n 6. It is hereby determined and declared, that the agency and the\ncarrying out of its powers and duties are in all respects for the\nbenefit of the people of the county and the state for the improvement of\ntheir health, welfare and prosperity and that such purposes are public\npurposes and that the agency is and will be performing an essential\ngovernmental function in the exercise of the powers conferred upon it by\nthis title.\n