Section 2052-C. Greater Troy area solid waste management authority  


Latest version.
  • 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  local
    
      governments 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