§ 2050-c. Ulster county resource recovery agency. 1. A corporation
known as the Ulster 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
five members to be appointed by the chairman of the county legislature
including one member recommended to the chairman by the minority leader
of the county legislature. All members so appointed shall be subject to
confirmation by the county legislature. In making appointments of
members, the chairman of the county legislature shall give due
consideration to the representation of diverse geographical areas. The
first members appointed by the chairman of the county legislature shall
be appointed for the following terms of office; one for a term ending on
December thirty-first, nineteen hundred eighty-seven; two for a term
ending on December thirty-first, nineteen hundred eighty-eight; and two
for a term ending on December thirty-first, nineteen hundred
eighty-nine. 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. 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
three members shall constitute a quorum. No action shall be taken except
pursuant to the favorable vote of at least three 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 and at pleasure remove an attorney, engineer and executive
director and 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 provisions of any general, special
or local law, ordinance, resolution or charter, no officer, member or
employee of any municipality or any public benefit corporation within
the county or any adjoining county, 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 a full time officer, member or employee shall not be compensated in
the aggregate in an amount in excess of such officer's member's or
employee's full time compensation without the express approval of the
county legislature; and provided, further, 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 chairman of the county legislature shall file on or before
July first, nineteen hundred eighty-seven, in the office of the
secretary of state, a certificate setting forth: (1) the name of the
agency; (2) the names of the members appointed by the chairman of the
county legislature 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.