§ 2051-C — County of Franklin solid waste management authority

New York § 2051-C

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 13-I: County of Franklin Solid Waste Management Authority
• Art. 8: Miscellaneous Authorities

Text

§ 2051-c. County of Franklin solid waste management authority. 1. A\ncorporation known as the County of Franklin solid waste management\nauthority is hereby created for the public purposes and charged with the\nduties and having the powers provided in this title. The authority shall\nbe a body corporate and politic constituting a public benefit\ncorporation. It shall consist of seven members who shall be appointed by\nthe county legislature.\n 2. The first members of the authority shall be appointed according to\nthe following schedule for their terms of office; two for a one-year\nterm ending on December thirty-first of the year following the year in\nwhich this title shall have become a law; two for a two-year term ending\non December thirty-first of the second year following the year in which\nthis title shall have become a law; and three for a three-year term\nending on December thirty-first of the third year following the year in\nwhich this title shall have become a law. Subsequent appointments of\nmembers shall be made in the same manner and for terms of three years\nending in each case on December thirty-first of the last year of each\nsuch term. No person who has served as a member for two consecutive\nterms shall be eligible for reappointment as a member for a third term\nexcept after an interval of at least three years. All members shall\ncontinue to hold office until their successors are appointed and\nqualify. Vacancies occurring at the end of a term shall each be filled\nand appointed for a three-year term. Vacancies occurring otherwise than\nby expiration of term shall be filled in the same manner, respectively,\nfor the unexpired term. Members may be removed from office for the same\nreasons and in the same manner as provided by law for the removal of\nofficers of the county. Appointments to fill expired and unexpired terms\nshall be made within sixty days upon receipt of notification by the\nchairman of the county legislature that a vacancy exists.\n 3. The members of the authority shall receive no compensation for\ntheir services but shall be reimbursed for all of their actual and\nnecessary expenses incurred in connection with the carrying out of the\npurposes of this title. The powers of the authority shall be vested in\nand be exercised by the governing body at a meeting duly called and held\nwhere a quorum of four members are present. No action shall be taken\nexcept by the favorable vote of at least four members. The officers of\nthe authority shall consist of a chairman, 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\nshall be selected by the authority and shall serve in such capacities at\nthe pleasure of the authority. In addition to the position of secretary,\nthe authority 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, subject to the provisions of the civil service law.\nThe authority may delegate to one or more of its members, officers,\nagents or employees any such powers as it may deem proper. The authority\nmay also contract for expert professional services. The treasurer shall\nexecute a bond conditioned on the faithful performance of the duties of\nhis or her office, the amount and sufficiency of which shall be approved\nby the governing body and the premium for which shall be paid by the\nauthority.\n 4. 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 of the authority be deemed incompatible or in conflict with\nsuch office, membership or employment.\n 5. In addition to any powers granted to it by law, the county\nlegislature may appropriate by resolution sums of money to defray\nproject costs or any other costs and expenses of the authority to be\nincurred prior to the first issuance of bonds. Subject to the rights of\nbondholders, the county legislature may determine if the moneys so\nappropriated shall be subject to repayment by the authority to the\ncounty and, in such eventuality, the manner and schedule for such\nrepayment.\n 6. (a) The county shall file on or before March thirty-first of the\nyear following the year in which this title shall have become a law, in\nthe office of the secretary of state, a certificate approved by the\nlegislature and signed by the chairman of the county legislature setting\nforth: (1) the name of the agency; (2) the names of the members\nappointed by the county legislature and (3) the effective date of this\ntitle. The authority shall be perpetual in duration, except that if such\ncertificate is not filed with the secretary of state on or before such\ndate, then the corporate existence of the authority shall thereupon\nterminate and it shall be deemed to be and shall be dissolved.\n (b) Except as provided in paragraph (a) of this subdivision, the\nauthority and its corporate existence shall continue until terminated by\nlaw provided, however, that no such law 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 termination of the existence of the authority, all of the\nrights and properties of the authority then remaining shall pass to and\nvest in the county.\n 7. It is hereby determined that the authority and the carrying out of\nits powers and duties are in all respects for the benefit of the people\nof the county and the state for the improvement of their health, welfare\nand prosperity and that such purposes are public purposes and that the\nauthority is and will be performing an essential governmental function\nin the exercise of the powers conferred upon it by this title.\n