§ 2052-C — Oneida county sports facility authority

New York § 2052-C

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 13-L: Oneida County Sports Facility Authority Act
• Art. 8: Miscellaneous Authorities

Text

§ 2052-c. Oneida county sports facility authority. 1. A public\ncorporation, to be known as the "Oneida county sports facility\nauthority" is hereby created for the public purposes and charged with\nthe duties and having the powers provided in this title. The authority\nshall be a body corporate and politic constituting a public benefit\ncorporation, the objects of which in the judgment of the legislature\ncannot be attained under general laws. The board of the authority shall\nconsist of a total of seven members, three of whom shall be appointed by\nthe county executive, without confirmation of the county board of\nlegislators, and four of whom shall be appointed by the county board of\nlegislators, without county executive right to veto. The first members\nappointed by the county executive shall be appointed for the following\nterms of office: one for a term ending on December thirty-first of the\nfirst year following the year in which this title shall have become law,\none for a term ending on December thirty-first of the third year\nfollowing the year in which this title shall have become law and one for\na term ending on December thirty-first of the fifth year following the\nyear in which this title shall have become law. The first members\nappointed by the county board of legislators shall have the following\nterms of office: one for a term ending on December thirty-first of the\nfirst year following the year in which this title shall have become law,\none for a term ending on December thirty-first of the third year\nfollowing the year in which this title shall have become law, and two\nfor a term ending on December thirty-first of the fifth year following\nthe year in which this title shall have become law. Subsequent\nappointments of members shall be made for a term of five years ending in\neach case on December thirty-first of the last year of such term. All\nmembers shall continue to hold office until their successors are\nappointed and qualify. Vacancies shall be filled in the manner provided\nfor original appointment. Vacancies, occurring otherwise than by\nexpiration of term of office, shall be filled by appointment for the\nunexpired terms. Members may be removed from office for the same reasons\nand in the same manner as may be provided by law for the removal of\nofficers of the county. The members of the authority shall receive no\ncompensation for their services, but shall be reimbursed for their\nactual and necessary expenses incurred in connection with the carrying\nout of the purposes of this title. The powers of the authority shall be\nvested in and be exercised by the board at a meeting duly called and\nheld where a quorum of four members are present. No action shall be\ntaken except pursuant to the favorable vote of at least four voting\nmembers. The board may delegate to one or more of its members, officers,\nagents or employees such powers and duties as it may deem proper.\n 2. The officers of the authority shall consist of a chairman, who\nshall be a member of the authority, and a vice-chairman and a treasurer,\nwho shall be members of the authority, and a secretary, who need not be\na member of the authority. Such officers shall be appointed by the board\nand shall serve in such capacities at the pleasure of the board. In\naddition to the secretary, the board may appoint and at pleasure remove\nsuch additional officers and employees as it may determine necessary for\nthe performance of the powers and duties of the authority and fix and\ndetermine their qualifications, duties and compensation, subject to the\nprovisions of the civil service law. The appointment and promotion of\nall employees of the authority shall be made in accordance with the\nprovisions of the civil service law and county civil service rules, and\nsuch employees shall be entitled to membership in the county pension and\nretirement system, and shall be entitled to the same rights and\nobligations thereunder as the employees of the county. The board may\nalso from time to time contract for expert professional services, and\nmay retain or employ counsel, auditors, engineers and private\nconsultants on a contract basis or otherwise for rendering professional\nor technical services and advice. The treasurer shall execute a bond,\nconditioned upon the faithful performance of the duties of his or her\noffice, the amount and sufficiency of which shall be approved by the\nboard and the premium therefor 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 such member, officer,\nagent or employee be deemed incompatible or in conflict with such\noffice, membership or employment and any such officer, member or\nemployee may accept such appointment and serve as a member, officer,\nagent or employee of the authority without forfeiture of any other\noffice or position of public employment by reason thereof.\n 4. (a) The county executive shall file on or before December\nthirty-first of the year in which this title shall have become a law, in\nthe office of the secretary of state, a certificate signed by the county\nexecutive setting forth: (1) the name of the authority; (2) the names of\nthe members initially appointed and their terms of office; and (3) the\neffective date of this title. The authority shall be perpetual in\nduration, except that if such certificate is not filed with the\nsecretary of state on or before such date, then the corporate existence\nof the authority shall thereupon terminate and it shall thereupon be\ndeemed 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. Upon termination of the existence of the authority, all of the\nrights and each project of the authority then remaining shall pass to\nand vest in the county.\n 5. It is hereby determined and declared, that the authority 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 authority is and will be performing an essential\ngovernmental function in the exercise of the powers conferred upon it by\nthis title.\n