NY Pub Auth L § 2050-C (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 13-G - Ulster County Resource Recovery Agency 2050-C - Ulster County Resource Recovery Agency.

§  2050-c.  Ulster  county  resource recovery agency. 1. A corporation known as the Ulster county resource recovery agency  is  hereby  created for  the  public  purposes  and  charged  with the duties and having the powers provided in this title. The agency shall be a body corporate  and politic  constituting  a public benefit corporation. It shall consist of five members to be appointed by the chairman of the  county  legislature including  one member recommended to the chairman by the minority leader of the county legislature. All members so appointed shall be subject  to confirmation  by  the  county  legislature.  In  making  appointments of members,  the  chairman  of  the  county  legislature  shall  give   due consideration  to  the representation of diverse geographical areas. The first members appointed by the chairman of the county legislature  shall be appointed for the following terms of office; one for a term ending on December  thirty-first,  nineteen  hundred  eighty-seven; two for a term ending on December thirty-first, nineteen hundred eighty-eight; and  two for   a   term   ending   on  December  thirty-first,  nineteen  hundred eighty-nine.  Subsequent appointment of members shall be made for a term of three years ending in each case on December thirty-first of the  last year of such term. All members shall continue to hold office until their successors  are  appointed and qualify. Vacancies shall be filled in the manner provided for original appointment. Vacancies occurring  otherwise than  by  expiration of term of office shall be filled for the unexpired terms. Members may be removed from office for the same  reasons  and  in the same manner as may be provided by law for the removal of officers of the  county. The members of the agency shall receive no compensation for their services  but  shall  be  reimbursed  for  all  their  actual  and necessary  expenses  incurred in connection with the carrying out of the purposes of this title. The powers of the agency shall be vested in  and be exercised by the governing body at a meeting duly called and held and three members shall constitute a quorum. No action shall be taken except pursuant  to the favorable vote of at least three members. The governing body may delegate to one or more of its  members,  officers,  agents  or employees such powers and duties as it may deem proper.   2.  The  officers  of  the  agency shall consist of a chairman, a vice chairman and a treasurer, who shall be members  of  the  agency,  and  a secretary,  who  need not be a member of the agency. Such officers shall be appointed by the governing body and shall serve at  the  pleasure  of the governing body. In addition to the secretary, the governing body may appoint  and  and at pleasure remove an attorney, engineer and executive director and such additional officers and employees as it may  determine necessary  for  the  performance of the powers and duties of the agency, which positions shall be in the exempt class of civil  service  and  fix and  determine their qualifications, duties and compensation, subject to the provisions of the civil service law. The  governing  body  may  also from  time  to  time  contract  for  expert professional services.   The treasurer  shall  execute  a  bond,  conditioned   upon   the   faithful performance  of  the duties of his office, the amount and sufficiency of which shall be approved by the governing body and the  premium  therefor shall be paid by the agency.   3. Notwithstanding any inconsistent provisions of any general, special or  local  law,  ordinance, resolution or charter, no officer, member or employee of any municipality or any public  benefit  corporation  within the  county  or any adjoining county, shall forfeit his or her office or employment by reason of his  or  her  acceptance  of  appointment  as  a member,  officer,  agent or employee of the agency, nor shall service as such member, officer, agent or employee be  deemed  incompatible  or  in conflict  with such office, membership or employment. Provided, however, that a full time officer, member or employee shall not be compensated in  the aggregate in an amount in  excess  of  such  officer's  member's  or employee's  full  time  compensation without the express approval of the county legislature; and  provided,  further,  however,  that  no  public official  elected to his or her office pursuant to the laws of the state or any municipality thereof may serve as a member of the governing  body of the agency during his or her term of office.   4.  (a) The chairman of the county legislature shall file on or before July  first,  nineteen  hundred  eighty-seven,  in  the  office  of  the secretary  of  state,  a  certificate setting forth: (1) the name of the agency; (2) the names of the members appointed by the  chairman  of  the county legislature and their terms of office; and (3) the effective date of this title. The agency shall be perpetual in duration, except that if such  certificate  is not filed with the secretary of state on or before such date then the corporate existence of  the  agency  shall  thereupon terminate and it shall thereupon be deemed to be and shall be dissolved.  (b)  Except  as  provided  in  paragraph  (a) of this subdivision, the agency and its corporate existence shall continue  until  terminated  by law,  provided,  however,  that no such law shall take effect so long as the agency shall have bonds  or  other  obligations  outstanding  unless adequate  provision  has  been  made  for  the  payment  or satisfaction thereof. Upon termination of the existence of the  agency,  all  of  the rights  and  properties  of  the agency then remaining shall pass to and vest in the county.   5. In addition to  any  powers  granted  to  it  by  law,  the  county legislature  from  time  to  time  may appropriate by resolution sums of money to defray project costs or any other costs  and  expenses  of  the agency. Subject to the rights of bondholders, the county legislature may determine if the moneys so appropriated shall be subject to repayment by the  agency  to  the  county  and, in such event, the manner and time or times for such repayment.   6. It is hereby determined and  declared,  that  the  agency  and  the carrying  out  of  its  powers  and  duties  are in all respects for the benefit of the people of the county and the state for the improvement of their health, welfare and prosperity and that such purposes  are  public purposes  and  that  the  agency  is and will be performing an essential governmental function in the exercise of the powers conferred upon it by this title.