§ 2047-c. Dutchess County Resource Recovery Agency. 1. A corporation
known as the Dutchess 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
seven members, three of whom shall be appointed by the county executive,
without confirmation of the county legislature, three of whom shall be
appointed by the chairman of the county legislature subject to
confirmation by the county legislature but without executive right to
veto, and one of whom shall be jointly appointed by the county executive
and the chairman of the county legislature, subject to confirmation by
the county legislature. 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. No person who has served as a member for
two consecutive three year 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 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
four members shall constitute a quorum. No action shall be taken except
pursuant to the favorable vote of at least four 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 at pleasure remove 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 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 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 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 county executive shall file on or before March
thirty-first, nineteen hundred eighty-three, in the office of the
secretary of state, a certificate signed by the county executive setting
forth: (1) the name of the agency; (2) the names of the members
appointed by the county executive 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.