N.Y. Public Authorities Law 2049-C – Town of North Hempstead solid waste management authority
§ 2049-c. Town of North Hempstead solid waste management authority. 1. A corporation known as the Town of North Hempstead 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 and a public authority. Its membership shall consist of a board of seven directors comprised, ex-officio, of the members of the town board.
Terms Used In N.Y. Public Authorities Law 2049-C
- Authority: shall mean the public benefit corporation created by section two thousand forty-nine-c of this title, known as the town of North Hempstead solid waste management authority. See N.Y. Public Authorities Law 2049-B
- Bonds: shall mean the bonds, notes or other evidences of indebtedness issued by the authority pursuant to this title and the provisions of this title relating to bonds and bondholders shall apply with equal force and effect to notes and noteholders, respectively, unless the context otherwise clearly requires. See N.Y. Public Authorities Law 2049-B
- Chairman: means the chairman of the dormitory authority. See N.Y. Public Authorities Law 1695
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Governing body: shall mean the members of the authority constituting and acting as the governing body of the authority. See N.Y. Public Authorities Law 2049-B
- Municipality: shall mean any county, city, town, village, refuse district under the county law, improvement district under the town law, any other such instrumentality, including any agency or public corporation of the state, any such instrumentality created under the Nassau county civil divisions act, or any of the foregoing, or any combination thereof. See N.Y. Public Authorities Law 2049-B
- Quorum: The number of legislators that must be present to do business.
- Solid waste: shall mean all putrescible and non-putrescible solid wastes, including, but not limited to, materials or substances discarded or rejected, whether as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection or for any other reason, is being accumulated, stored, or physically, chemically or biologically treated prior to being discarded, has served its intended use, or is a manufacturing or mining by-product, including, but not limited to, garbage, refuse, and other discarded solid materials, including solid waste materials resulting from industrial, commercial, mining and agricultural operations and from community activities, sludges from air or water pollution control facilities or water supply treatment facilities, rubbish, ashes, contained gaseous material, incinerator residue, demolition and construction debris and offal, but not including sewage and other highly diluted water-carried materials or substances and those in gaseous form, special nuclear or by-product material within the meaning of the Atomic Energy Act of 1954, as amended, and waste which appears on the list of hazardous waste promulgated by the commissioner of environmental conservation pursuant to section 27-0903 of the environmental conservation law. See N.Y. Public Authorities Law 2049-B
- State: shall mean the state of New York. See N.Y. Public Authorities Law 2049-B
- Town: shall mean the town of North Hempstead. See N.Y. Public Authorities Law 2049-B
2. The members of the authority shall receive no compensation for their services, whether as members or officers of the authority, 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, in addition to the chairman, shall consist of 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 other than the chairman shall be selected by the members of the authority, and such officers 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, without regard to whether they are or shall also be employees or agents of the town and are or shall be being compensated as such, 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 of sufficiency of which shall be approved by the governing body and the premium for which shall be paid by the authority.
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 authority, nor shall service as a member, officer, agent or employee be deemed incompatible or in conflict with such office, membership or employment.
4. (a) The town 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 signed by the town supervisor setting forth: (1) the name of the authority; (2) the names of the members; and (3) the effective date of this title.
(b) The authority shall be perpetual in duration, except that if the certificate referred to in paragraph (a) of this subdivision is not filed with the secretary of state on or before the date specified in such paragraph, then the corporate existence of the authority shall thereupon terminate and it shall be deemed to be and shall be dissolved, and except, further, that the authority and its corporate existence may be terminated by law or by resolution of the town board, 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. Upon any 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 town. In connection with any such termination pursuant to a resolution of the town board, the town supervisor shall, within thirty days of the effective date of such termination, file in the office of the secretary of state a certificate setting forth the name of the authority and the effective date of the termination.