§ 2051-c. County of Franklin solid waste management authority. 1. A
corporation known as the County of Franklin 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 seven members who shall be appointed by
the county legislature.

2. The first members of the authority shall be appointed according to
the following schedule for their terms of office; two for a one-year
term ending on December thirty-first of the year following the year in
which this title shall have become a law; two for a two-year term ending
on December thirty-first of the second year following the year in which
this title shall have become a law; and three for a three-year term
ending on December thirty-first of the third year following the year in
which this title shall have become a law. Subsequent appointments of
members shall be made in the same manner and for terms of three years
ending in each case on December thirty-first of the last year of each
such term. No person who has served as a member for two consecutive
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 occurring at the end of a term shall each be filled
and appointed for a three-year term. Vacancies occurring otherwise than
by expiration of term shall be filled in the same manner, respectively,
for the unexpired term. Members may be removed from office for the same
reasons and in the same manner as provided by law for the removal of
officers of the county. Appointments to fill expired and unexpired terms
shall be made within sixty days upon receipt of notification by the
chairman of the county legislature 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 four members are present. No action shall be taken
except by the favorable vote of at least four 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,
attorney and engineer, 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 county
legislature 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 county legislature may determine if the moneys so
appropriated shall be subject to repayment by the authority to the
county and, in such eventuality, the manner and schedule for such
repayment.

6. (a) The county shall file on or before March thirty-first of the
year following the year in which this title shall have become a law, in
the office of the secretary of state, a certificate approved by the
legislature and signed by the chairman of the county legislature setting
forth: (1) the name of the agency; (2) the names of the members
appointed by the county legislature 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 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 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 the county.

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 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.