Section 2052-C. Oneida county sports facility authority  


Latest version.
  • 1. A public
      corporation,  to  be  known  as  the  "Oneida  county  sports   facility
      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, the objects of which in the  judgment  of  the  legislature
      cannot  be attained under general laws. The board of the authority shall
      consist of a total of seven members, three of whom shall be appointed by
      the county executive,  without  confirmation  of  the  county  board  of
      legislators,  and four of whom shall be appointed by the county board of
      legislators, without county executive right to veto. The  first  members
      appointed  by  the county executive shall be appointed for the following
      terms of office: one for a term ending on December thirty-first  of  the
      first year following the year in which this title shall have become law,
      one  for  a  term  ending  on  December  thirty-first  of the third year
      following the year in which this title shall have become law and one for
      a term ending on December thirty-first of the fifth year  following  the
      year  in  which  this  title  shall  have  become law. The first members
      appointed by the county board of legislators shall  have  the  following
      terms  of  office: one for a term ending on December thirty-first of the
      first year following the year in which this title shall have become law,
      one for a term  ending  on  December  thirty-first  of  the  third  year
      following  the  year  in which this title shall have become law, and two
      for a term ending on December thirty-first of the fifth  year  following
      the  year  in  which  this  title  shall  have  become  law.  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 shall be filled in the manner  provided
      for   original  appointment.  Vacancies,  occurring  otherwise  than  by
      expiration of term of office, shall be filled  by  appointment  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 authority  shall  receive  no
      compensation  for  their  services,  but  shall  be reimbursed for 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 board at a  meeting  duly  called  and
      held  where  a  quorum  of  four members are present. No action shall be
      taken except pursuant to the favorable vote  of  at  least  four  voting
      members. The board 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  authority shall consist of a chairman, who
      shall be a member of the authority, and 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. Such officers shall be appointed by the board
      and  shall  serve  in  such  capacities at the pleasure of the board. In
      addition to the secretary, the board 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 authority and fix and
      determine their qualifications, duties and compensation, subject to  the
      provisions  of  the  civil service law. The appointment and promotion of
      all employees of the authority shall be  made  in  accordance  with  the
      provisions  of the civil service law and county civil service rules, and
      such employees shall be entitled to membership in the county pension and
      retirement system,  and  shall  be  entitled  to  the  same  rights  and
      obligations  thereunder  as  the  employees of the county. The board may
      also from time to time contract for expert  professional  services,  and
    
      may   retain   or   employ  counsel,  auditors,  engineers  and  private
      consultants on a contract basis or otherwise for rendering  professional
      or  technical  services  and advice. The treasurer shall execute a bond,
      conditioned  upon  the  faithful performance of the duties of his or her
      office, the amount and sufficiency of which shall  be  approved  by  the
      board and the premium therefor which shall be paid by the authority.
        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 authority, nor shall service as  such  member,  officer,
      agent  or  employee  be  deemed  incompatible  or  in conflict with such
      office, membership  or  employment  and  any  such  officer,  member  or
      employee  may  accept  such  appointment and serve as a member, officer,
      agent or employee of the  authority  without  forfeiture  of  any  other
      office or position of public employment by reason thereof.
        4.  (a)  The  county  executive  shall  file  on  or  before  December
      thirty-first of the year in which this title shall have become a law, in
      the office of the secretary of state, a certificate signed by the county
      executive setting forth: (1) the name of the authority; (2) the names of
      the members initially appointed and their terms of office; 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  thereupon  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. Upon termination of the existence of  the  authority,  all  of  the
      rights  and  each  project of the authority then remaining shall pass to
      and vest in the county.
        5. It is hereby determined and declared, 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 2 § 2052-c's