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This entry was published on 2014-09-22
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SECTION 2049-C
Town of North Hempstead solid waste management authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 13-F
§ 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.

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.