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

* §  2052-c.  Greater Troy area solid waste management authority. 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  localgovernments 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