Section 2047-C. Dutchess County Resource Recovery Agency  


Latest version.
  • 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.
        * NB There are 2 § 2047-c's