2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-D - Dutchess County Resource Recovery Agency › 2047-C - Dutchess County Resource Recovery Agency.

§  2047-c.  Dutchess County Resource Recovery Agency. 1. A corporation
known as the Dutchess 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
seven members, three of whom shall be appointed by the county executive,
without confirmation of the county legislature, three of whom  shall  be
appointed   by  the  chairman  of  the  county  legislature  subject  to
confirmation by the county legislature but without  executive  right  to
veto, and one of whom shall be jointly appointed by the county executive
and  the  chairman of the county legislature, subject to confirmation by
the county legislature. 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. No person who has served as a member  for
two  consecutive three year 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  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
four members shall constitute a quorum. No action shall be taken  except
pursuant  to  the favorable vote of at least four 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 at pleasure remove 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 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 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 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  county  executive  shall  file  on   or   before   March
thirty-first,  nineteen  hundred  eighty-three,  in  the  office  of the
secretary of state, a certificate signed by the county executive setting
forth: (1) the name  of  the  agency;  (2)  the  names  of  the  members
appointed by the county executive 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.