NY Pub Auth L § 2041-W (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 13-AA - Montgomery, Otsego, Schoharie Solid Waste Management Authority 2041-W - Dissolution.

§  2041-w. Dissolution. 1. Notwithstanding any provision of law to the contrary,  the  Montgomery,  Otsego,  Schoharie   county   solid   waste management  authority  shall  be  dissolved  on  a  date  established by resolution adopted upon a vote of a majority of the board  of  directors of said authority. In any such resolution, the date of dissolution shall not  occur  prior to the termination of the "Service Agreement" dated as of May first, nineteen eighty-nine, as amended by amendment No. 1  dated as  of  May  first,  two  thousand  ten,  by and between the counties of Montgomery, Otsego and Schoharie  and  the  authority,  nor  later  than October  first,  two  thousand  fourteen.  Upon  the  adoption  of  such resolution, the board of directors shall make provision for the  winding down  of the business and affairs of the authority, and shall distribute the assets and liabilities of the authority to the member counties as of a transfer date or dates established by the authority, which shall be on or prior to the date of dissolution, all in accordance with subdivisions two and three of this section.   2. In distribution of the assets and liabilities of the  authority  to the member counties, the following transactions shall occur:  (a) The authority shall convey, and the counties of Montgomery, Otsego and  Schoharie, respectively, shall accept, all of the authority's right title and interest in the real  property,  structures  and  improvements constituting the transfer stations owned by the authority, including but not  limited  to  any  and  all  permits and licenses attendant thereto, according to the following distribution,  without  regard  to  appraised value  and  without  other  consideration  except  as  set forth in this section.  (i) to the county of Montgomery, the transfer stations  known  as  the Western transfer station located at 4583 Route 5S in Sprakers, N.Y., and the  Amsterdam  transfer  station located at 1247 Route 5S in Amsterdam, N.Y.;  (ii) to the county of Otsego,  the  transfer  stations  known  as  the Northern   transfer   station  located  at  5802  State  highway  28  in Cooperstown, N.Y., and the Oneonta transfer station located at 75  Silas Lane in Oneonta, N.Y.; and  (iii)  to  the  county  of Schoharie the transfer station known as the Schoharie transfer station located at 2805 Route 7 in  Cobleskill,  N.Y. together with the balance of the real property owned by the authority at such  location,  including  but not limited to the administrative office building of the authority located adjacent to said transfer station.  (b) Concurrently with the conveyance of title to the real property and improvements  described  in  paragraph  (a)  of  this  subdivision,  the authority  shall  convey,  and  the  counties  of Montgomery, Otsego and Schoharie,  respectively,  shall  accept,  with  respect  to  each  such transfer station, all of the authority's right title and interest in the moveable  fixtures  and  equipment  located  at,  and  attendant to, the operation of such transfer stations. The inventory of moveable  fixtures and  equipment  prepared  by  the  authority  as of November fourth, two thousand thirteen and on file with the  clerk  of  each  county,  unless otherwise agreed by the counties, shall be the basis for such transfers, subject  to ordinary use by the authority prior to the transfer date. On the written request of any of the counties, made not later than  fifteen days  after  the  first of the conveyances described in paragraph (a) of this subdivision,  the  authorities  budget  office  shall  designate  a mediator  and/or  an  appraiser  to examine the distribution of moveable fixtures and equipment at each of the transfer stations, which  mediator or  appraiser shall be authorized to order a more equitable distribution of such moveable fixtures  and  equipment,  to  ensure  that  each  such transfer  station is functionally capable of continuing operations after  the authority ceases provision of solid waste services. Any  such  order issued  by such mediator or appraiser shall be final and binding on each of the counties.  (c) The authority shall convey, and the counties of Montgomery, Otsego and  Schoharie shall accept, in common ownership, all of the authority's right  title  and  interest  in  the  real  property,   structures   and improvements  constituting  the  landfills  more  fully described in the "Post Closure  Monitoring  and  Maintenance  Agreement"  dated  December tenth,  two  thousand nine, entered into between the Montgomery, Otsego, Schoharie  county  solid  waste  management  authority  and  the   three counties, together with all monies held by the authority in the landfill operating  account  and  the  authority's  interest  in the post closure reserve account established pursuant to said agreement. From  and  after the  transfer  of  title  to  the  landfills  from  the authority to the counties,  the  authority  shall   have   no   future   obligation   and responsibility  under  said  Post  Closure  Monitoring  and  Maintenance Agreement, which responsibilities shall be assumed by the counties.  (d) Concurrently with the conveyance of title to the real property and improvements  described  in  paragraph  (c)  of  this  subdivision,  the authority  shall  convey,  and  the  counties  of Montgomery, Otsego and Schoharie shall accept in common ownership, with respect  to  each  such landfill,  all  of  the  authority's  right  title  and  interest in the moveable fixtures and  equipment  located  at,  and  attendant  to,  the monitoring,  maintenance  and  other post-closure activities required at such landfills by law. The inventory of moveable fixtures and  equipment referred  to in paragraph (b) of this subdivision shall be the basis for such transfers, subject to ordinary use by the authority  prior  to  the transfer date.  (e)  Upon  the  completion  of  the  property  transfers  set forth in paragraphs (a), (b), (c) and (d) of this subdivision, but in  any  event not later than October first, two thousand fourteen, all other assets of the  authority,  including  all  operating  and  reserve funds, shall be distributed to the member counties in  accordance  with  the  allocation percentages  specified  in  the "Post Closure Monitoring and Maintenance Agreement", dated  December  tenth,  two  thousand  nine,  entered  into between  the Montgomery, Otsego, Schoharie county solid waste management authority and the three counties, provided however, that  the  board  of directors  of  the authority shall be authorized to set aside such funds as are necessary and proper to settle, pay, and  otherwise  resolve  all outstanding  accounts,  claims,  and  other liabilities of the authority prior to the date of dissolution, and any remainder shall be distributed to the member counties pursuant to the allocation  established  in  this paragraph;  and  provided  further, that in the event that any funds set aside by the board of directors to resolve outstanding accounts, claims, and other  liabilities  of  the  authority  are  insufficient  for  such purpose, the counties shall be responsible for the payment of any lawful obligations,  accounts,  claims  and  liabilities  of  the  authority in accordance with the allocation percentages specified  in  the  aforesaid "Post Closure Monitoring and Maintenance Agreement".  (f)  Notwithstanding  any  other provision of law to the contrary, all transfers provided for in  this  section  shall  be  without  regard  to appraised   value,   and  without  other  consideration.  It  is  hereby determined that the transfers of property pursuant to this  section  are for  the  benefit  of  the  people of the participating counties and the state and are for a public purpose. The dissolution of the authority  as provided  in  this  section and the transfers of property authorized and directed in this section shall be deemed to be ministerial  acts  of  an official nature, involving no exercise of discretion, within the meaning  of  paragraph  (ii)  of  subdivision  five  of  section  8-0105  of  the environmental conservation law.   3.  Upon  dissolution, the books and records of the authority shall be delivered to the custody of the county of Schoharie, and shall  be  made available,  at  reasonable  times, to any receiver appointed pursuant to this subdivision and to authorized representatives of  the  counties  of Montgomery,  Otsego  and  Schoharie  on request, and to other persons in accordance with law. The finances and accounts of the  authority  as  of the  date  of  dissolution  shall be the subject of a final audit, which shall be subject to the review and approval of  the  authorities  budget office,  and  any  accounts  payable  and  receivable,  and  any claims, obligations or other liabilities remaining unsettled  or  unresolved  at the  date of dissolution shall be assigned to a receiver to be appointed by the  authorities  budget  office.  Unless  otherwise  agreed  by  the counties  and  the  authorities  budget  office,  such receiver shall be selected from a list of qualified persons maintained by  the  office  of court  administration  and the compensation and conduct of such receiver shall be governed by the rules of the chief judge. Said  receiver  shall be  authorized  to  pay,  collect,  settle or resolve all such accounts, claims, obligations and liabilities  in  accordance  with  law,  and  to defend  and  maintain actions at law with respect thereto in the name of the authority.