§ 2050-C — Ulster county resource recovery agency

§ 2050-c. Ulster county resource recovery agency. 1. A corporation\nknown as the Ulster 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\nfive members to be appointed by the chairman of the county legislature\nincluding one member recommended to the chairman by the minority leader\nof the county legislature. All members so appointed shall be subject to\nconfirmation by the county legislature. In making appointments of\nmembers, the chairman of the county legislature shall give due\nconsideration to the representation of diverse geographical areas. The\nfirst members appointed by the chairman of the county legislature shall\nbe appointed for the following terms of office; one for a term ending on\nDecember thirty-first, nineteen hundred eighty-seven; two for a term\nending on December thirty-first, nineteen hundred eighty-eight; and two\nfor a term ending on December thirty-first, nineteen hundred\neighty-nine. Subsequent appointment of members shall be made for a term\nof three years ending in each case on December thirty-first of the last\nyear of such term. All members shall continue to hold office until their\nsuccessors are appointed and qualify. Vacancies shall be filled in the\nmanner provided for original appointment. Vacancies occurring otherwise\nthan by 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\nthree members shall constitute a quorum. No action shall be taken except\npursuant to the favorable vote of at least three 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 vice\nchairman 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 and at pleasure remove an attorney, engineer and executive\ndirector and such additional officers and employees as it may determine\nnecessary for the performance of the powers and duties of the agency,\nwhich positions shall be in the exempt class of civil service and fix\nand determine their qualifications, duties and compensation, subject to\nthe provisions of the civil service law. The governing body may also\nfrom time to time contract for expert professional services. The\ntreasurer shall execute a bond, conditioned upon the faithful\nperformance of the duties of his office, the amount and sufficiency of\nwhich shall be approved by the governing body and the premium therefor\nshall be paid by the agency.\n 3. Notwithstanding any inconsistent provisions of any general, special\nor local law, ordinance, resolution or charter, no officer, member or\nemployee of any municipality or any public benefit corporation within\nthe county or any adjoining county, shall forfeit his or her office or\nemployment by reason of his or her acceptance of appointment as a\nmember, officer, agent or employee of the agency, nor shall service as\nsuch member, officer, agent or employee be deemed incompatible or in\nconflict with such office, membership or employment. Provided, however,\nthat a full time officer, member or employee shall not be compensated in\nthe aggregate in an amount in excess of such officer's member's or\nemployee's full time compensation without the express approval of the\ncounty legislature; and provided, further, however, that no public\nofficial elected to his or her office pursuant to the laws of the state\nor any municipality thereof may serve as a member of the governing body\nof the agency during his or her term of office.\n 4. (a) The chairman of the county legislature shall file on or before\nJuly first, nineteen hundred eighty-seven, in the office of the\nsecretary of state, a certificate setting forth: (1) the name of the\nagency; (2) the names of the members appointed by the chairman of the\ncounty legislature and their terms of office; and (3) the effective date\nof this title. The agency shall be perpetual in duration, except that if\nsuch certificate is not filed with the secretary of state on or before\nsuch date then the corporate existence of the agency shall thereupon\nterminate and it shall thereupon be deemed to be and shall be dissolved.\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