§ 2049-C — Town of North Hempstead solid waste management authority

New York § 2049-C

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 13-F: Town of North Hempstead Solid Waste Management Authority
• Art. 8: Miscellaneous Authorities

Text

§ 2049-c. Town of North Hempstead solid waste management authority. 1.\nA corporation known as the Town of North Hempstead solid waste\nmanagement authority is hereby created for the public purposes and\ncharged with the duties and having the powers provided in this title.\nThe authority shall be a body corporate and politic constituting a\npublic benefit corporation and a public authority. Its membership shall\nconsist of a board of seven directors comprised, ex-officio, of the\nmembers of the town board.\n 2. The members of the authority shall receive no compensation for\ntheir services, whether as members or officers of the authority, but\nshall be reimbursed for all of their actual and necessary expenses\nincurred in connection with the carrying out of the purposes of this\ntitle. The powers of the authority shall be vested in and be exercised\nby the governing body at a meeting duly called and held where a quorum\nof four members are present. No action shall be taken except by the\nfavorable vote of at least four members. The officers of the authority,\nin addition to the chairman, shall consist of a vice-chairman and a\ntreasurer who shall be members of the authority, and a secretary, who\nneed not be a member of the authority. The officers of the authority\nother than the chairman shall be selected by the members of the\nauthority, and such officers shall serve in such capacities at the\npleasure of the authority. In addition to the position of secretary, the\nauthority may appoint and at pleasure remove an executive director,\nattorney and engineer, which positions shall be in the exempt class of\nthe civil service, and such additional officers and employees as it may\ndeem necessary, and may determine and fix their qualifications, duties\nand compensation, without regard to whether they are or shall also be\nemployees or agents of the town and are or shall be being compensated as\nsuch, subject to the provisions of the civil service law. The authority\nmay delegate to one or more of its members, officers, agents or\nemployees any such powers as it may deem proper. The authority may also\ncontract for expert professional services. The treasurer shall execute a\nbond conditioned on the faithful performance of the duties of his or her\noffice, the amount of sufficiency of which shall be approved by the\ngoverning body and the premium for which shall be paid by the authority.\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 authority, nor shall service as a member, officer, agent\nor employee be deemed incompatible or in conflict with such office,\nmembership or employment.\n 4. (a) The town shall file on or before March thirty-first of the year\nfollowing the year in which this title shall have become a law, in the\noffice of the secretary of state, a certificate signed by the town\nsupervisor setting forth: (1) the name of the authority; (2) the names\nof the members; and (3) the effective date of this title.\n (b) The authority shall be perpetual in duration, except that if the\ncertificate referred to in paragraph (a) of this subdivision is not\nfiled with the secretary of state on or before the date specified in\nsuch paragraph, then the corporate existence of the authority shall\nthereupon terminate and it shall be deemed to be and shall be dissolved,\nand except, further, that the authority and its corporate existence may\nbe terminated by law or by resolution of the town board, provided,\nhowever, that no such termination shall take effect so long as the\nauthority shall have bonds or other obligations outstanding unless\nadequate provision has been made for the payment or satisfaction\nthereof. Upon any termination of the existence of the authority, all of\nthe rights and properties of the authority then remaining shall pass to\nand vest in the town. In connection with any such termination pursuant\nto a resolution of the town board, the town supervisor shall, within\nthirty days of the effective date of such termination, file in the\noffice of the secretary of state a certificate setting forth the name of\nthe authority and the effective date of the termination.\n