2023 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.