Section 2051-C. County of Essex solid waste management authority  


Latest version.
  • 1. A
      corporation  known  as  the  County  of  Essex  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 seven members of the Essex county board
      of supervisors selected by a majority vote of such board.
        2. The first members of the authority shall be appointed according  to
      the  following  schedule  for  their terms of office; two for a one-year
      term ending on December thirty-first of the year following the  year  in
      which this title shall have become a law; two for a two-year term ending
      on  December thirty-first of the second year following the year in which
      this title shall have become a law; and  three  for  a  three-year  term
      ending  on December thirty-first of the third year following the year in
      which this title shall have become a  law.  Subsequent  appointments  of
      members  shall  be  made in the same manner and for terms of three years
      ending in each case on December thirty-first of the last  year  of  each
      such  term.  No  person  who  has served as a member for two consecutive
      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  occurring at the end of a term shall each be filled
      and appointed for a three-year term. Vacancies occurring otherwise  than
      by  expiration of term shall be filled in the same manner, respectively,
      for the unexpired term. Members may be removed from office for the  same
      reasons  and  in  the  same manner as provided by law for the removal of
      officers of the county. Appointments to fill expired and unexpired terms
      shall be made within sixty days upon  receipt  of  notification  by  the
      chairman of the board of supervisors 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  four members are present. No action shall be taken
      except by the favorable vote of at least four 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,
      attorney  and  engineer, 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 board of
      supervisors 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  board  of  supervisors may determine if the moneys so
      appropriated shall be subject to  repayment  by  the  authority  to  the
      county  and,  in  such  eventuality,  the  manner  and schedule for such
      repayment.
        6. (a) The county shall file on or before March  thirty-first  of  the
      year  following the year in which this title shall have become a law, in
      the office of the secretary of state,  a  certificate  approved  by  the
      legislature  and  signed  by  the  chairman  of the board of supervisors
      setting forth: (1) the name of the agency; (2) the names of the  members
      appointed  by  the county legislature and (3) the effective date of this
      title. The authority 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 authority shall thereupon
      terminate and it shall be deemed to be and shall be dissolved.
        (b) Except as provided in  paragraph  (a)  of  this  subdivision,  the
      authority and its corporate existence shall continue until terminated by
      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 the county.
        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 county 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 3 § 2051-c's