2023 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.