Section 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.