NY Pub Auth L § 2051-C (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 13-I - County of Franklin Solid Waste Management Authority 2051-C - County of Franklin Solid Waste Management Authority.

§  2051-c.  County  of Franklin solid waste management authority. 1. A corporation known as the  County  of  Franklin  solid  waste  management authority is hereby created for the public purposes and charged with the duties and having the powers provided in this title. The authority shall be   a   body  corporate  and  politic  constituting  a  public  benefit corporation. It shall consist of seven members who shall be appointed by the county legislature.   2. The first members of the authority shall be appointed according  to the  following  schedule  for  their terms of office; two for a one-year term ending on December thirty-first of the year following the  year  in which this title shall have become a law; two for a two-year term ending on  December thirty-first of the second year following the year in which this title shall have become a law; and  three  for  a  three-year  term ending  on December thirty-first of the third year following the year in which this title shall have become a  law.  Subsequent  appointments  of members  shall  be  made in the same manner and for terms of three years ending in each case on December thirty-first of the last  year  of  each such  term.  No  person  who  has served as a member for two consecutive terms shall be eligible for reappointment as a member for a  third  term except  after  an  interval  of  at least three years. All members shall continue to  hold  office  until  their  successors  are  appointed  and qualify.  Vacancies  occurring at the end of a term shall each be filled and appointed for a three-year term. Vacancies occurring otherwise  than by  expiration of term shall be filled in the same manner, respectively, for the unexpired term. Members may be removed from office for the  same reasons  and  in  the  same manner as provided by law for the removal of officers of the county. Appointments to fill expired and unexpired terms shall be made within sixty days upon  receipt  of  notification  by  the chairman of the county legislature that a vacancy exists.   3.  The  members  of  the  authority shall receive no compensation for their services but shall be reimbursed  for  all  of  their  actual  and necessary  expenses  incurred in connection with the carrying out of the purposes of this title. The powers of the authority shall be  vested  in and be exercised by the governing body at a meeting duly called and held where  a  quorum  of  four members are present. No action shall be taken except by the favorable vote of at least four members. The  officers  of the  authority  shall  consist  of  a  chairman,  a  vice-chairman and a treasurer who shall be members of the authority,  and  a  secretary  who need  not  be  a  member of the authority. The officers of the authority shall be selected by the authority and shall serve in such capacities at the pleasure of the authority. In addition to the position of secretary, the authority may appoint and at pleasure remove an executive  director, attorney  and  engineer, which positions shall be in the exempt class of the civil service, and such additional officers and employees as it  may deem  necessary,  and may determine and fix their qualifications, duties and compensation, subject to the provisions of the  civil  service  law. The  authority  may  delegate  to  one or more of its members, officers, agents or employees any such powers as it may deem proper. The authority may also contract for expert professional services. The treasurer  shall execute  a bond conditioned on the faithful performance of the duties of his or her office, the amount and sufficiency of which shall be approved by the governing body and the premium for which shall  be  paid  by  the authority.   4.  Notwithstanding any inconsistent provision of any general, special or local law, ordinance, resolution or charter, no  officer,  member  or employee   of   the  state,  any  municipality  or  any  public  benefit corporation 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 authority, nor shall service as a member, officer, agent or employee of the authority be deemed incompatible or in conflict  with such office, membership or employment.   5.  In  addition  to  any  powers  granted  to  it  by law, the county legislature may appropriate  by  resolution  sums  of  money  to  defray project  costs  or  any  other costs and expenses of the authority to be incurred prior to the first issuance of bonds. Subject to the rights  of bondholders,  the  county  legislature  may  determine  if the moneys so appropriated shall be subject to  repayment  by  the  authority  to  the county  and,  in  such  eventuality,  the  manner  and schedule for such repayment.   6. (a) The county shall file on or before March  thirty-first  of  the year  following the year in which this title shall have become a law, in the office of the secretary of state,  a  certificate  approved  by  the legislature and signed by the chairman of the county legislature setting forth:  (1)  the  name  of  the  agency;  (2)  the  names of the members appointed by the county legislature and (3) the effective date  of  this title. The authority 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  authority  shall  thereupon terminate and it shall be deemed to be and shall be dissolved.  (b)  Except  as  provided  in  paragraph  (a) of this subdivision, the authority and its corporate existence shall continue until terminated by law provided, however, that no such law shall take effect so long as the authority 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 authority, all of  the rights  and properties of the authority then remaining shall pass to and vest in the county.   7. It is hereby determined that the authority 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 authority  is  and will be performing an essential governmental function in the exercise of the powers conferred upon it by this title.