2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-G - Ulster County Resource Recovery Agency › 2050-C - Ulster County Resource Recovery Agency.

§  2050-c.  Ulster  county  resource recovery agency. 1. A corporation
known as the Ulster 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
five members to be appointed by the chairman of the  county  legislature
including  one member recommended to the chairman by the minority leader
of the county legislature. All members so appointed shall be subject  to
confirmation  by  the  county  legislature.  In  making  appointments of
members,  the  chairman  of  the  county  legislature  shall  give   due
consideration  to  the representation of diverse geographical areas. The
first members appointed by the chairman of the county legislature  shall
be appointed for the following terms of office; one for a term ending on
December  thirty-first,  nineteen  hundred  eighty-seven; two for a term
ending on December thirty-first, nineteen hundred eighty-eight; and  two
for   a   term   ending   on  December  thirty-first,  nineteen  hundred
eighty-nine.  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. 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
three members shall constitute a quorum. No action shall be taken except
pursuant  to the favorable vote of at least three 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  and at pleasure remove an attorney, engineer and executive
director and 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 provisions of any general, special
or  local  law,  ordinance, resolution or charter, no officer, member or
employee of any municipality or any public  benefit  corporation  within
the  county  or any adjoining county, 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 a full time officer, member or employee shall not be compensated in

the aggregate in an amount in  excess  of  such  officer's  member's  or
employee's  full  time  compensation without the express approval of the
county legislature; and  provided,  further,  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 chairman of the county legislature shall file on or before
July  first,  nineteen  hundred  eighty-seven,  in  the  office  of  the
secretary  of  state,  a  certificate setting forth: (1) the name of the
agency; (2) the names of the members appointed by the  chairman  of  the
county legislature 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.