2052-C - Greater Troy area solid waste management authority.
* § 2052-c. Greater Troy area solid waste management authority. 1. A corporation known as the Greater Troy area 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 five members, one member to be appointed by the legislative body of each local government. 2. Each member of the authority shall be appointed to serve a five-year term. Subsequent appointments of members shall be made for a term of five 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 occurring at the end of a term shall each be filled and appointed for a five-year term by the affected local government. Vacancies occurring otherwise than by expiration of term shall be filled for the remainder of such term in the same manner as provided for in the original appointment. Members may be removed from office by the legislative body of the local government from which appointed, in the sole discretion of such legislative body for any reason. Appointments to fill expired and unexpired terms shall be made within sixty days upon receipt of notification by the affected chief executive officers of such local governments 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 three members are present. No action shall be taken except by the favorable vote of at least three 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, attorneys and engineers, 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 legislative body of each of the local governments 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 legislative body of each of the localgovernments may determine if the moneys so appropriated shall be subject to repayment by the authority to such local government and, in such eventuality, the manner and schedule for such repayment. 6. (a) The chief executive officer of each of the local governments shall file on or before December thirty-first of the year in which this title shall take effect, in the office of the secretary of state, a certificate approved by each of the legislative bodies of each local government and signed by each of the chief executive officers setting forth: (1) the name of the authority; (2) the name of the member appointed by the legislative body; (3) a verified copy of a duly adopted local law or ordinance as prescribed in section one hundred twenty-aa of the general municipal law; (4) the effective date of this title. The authority shall be perpetual in duration, except that if any of the towns shall not file such a certificate with the secretary of state on or before such date, then such town shall not be included within the authority and shall not be a local government as defined hereinabove, and further, if such certificate is not filed by the city and by one or more of the towns on or before such date, then the corporate existence of the authority shall thereupon terminate and it shall thereupon be deemed to be and shall be dissolved; provided, however, that no such termination 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. (b) Except as provided in paragraph (a) of this subdivision, the authority and its corporate existence shall be perpetual in duration and shall continue until terminated by state 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 each of the local governments in accordance with such law. (c) Upon the filing of the certificate with the secretary of state as set forth in paragraph (a) of this subdivision, each local government filing such certificate shall be prohibited from withdrawing from the authority. A local government may withdraw from the authority only pursuant to a state law that complies with the terms of paragraph (b) of this subdivision. 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 local governments, the municipalities within the area of operation 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. * NB There are 2 § 2052-c's