Thence northerly along the easterly side of the Hutchinson River Expressway on a line forming an interior angle of 37 Degrees, 52 Minutes, 30 Seconds a distance of 1319.078 feet; Thence South 51 Degrees, 30 Minutes, 40.7 Seconds East 334. 229 feet; Thence South 78 Degrees, 39 Minutes, 39.2 Seconds East 278.976 feet; Thence North 75 Degrees, 34 Minutes, 25.8 Seconds East 63. 246 feet; Thence South 32 Degrees, 51 Minutes, 40 Seconds East 100.00 feet; Thence South 38 Degrees, 42 Minutes, 14.2 Seconds West 63.246 feet; Thence South 43 Degrees, 06 Minutes, 9.5 Seconds West 206. 155 feet; Thence South 32 Degrees, 51 Minutes, 40 Seconds East 430.00 feet; Thence North 57 Degrees, 8 Minutes, 20 Seconds East 460.00 feet to the point of beginning. The above land adjoins Blocks 5548, 5570, 5574 and 5622 Section 18 of the Land Map of the Borough of the Bronx, City and State of New York. § 3. This act shall take effect immediately. CHAPTER 391 AN ACT to amend the publiç authorities law, in relation to creating the inter-municipal solid waste management authority Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Article 8 of the public authorities law is amended by adding a new title 13-L to read as follows: TITLE 13-L GREATER TROY AREA SOLID WASTE MANAGEMENT AUTHORITY Section 2052-a. Short title. 2052-b. Definitions. erty by local governments for authority. ments. 2052-8. Transfer of officers and employees. 2052-8. Bonds of the authority. 2052-1. Remedies of bondholders. 2052-j. State, local governments and municipalities not liable on bonds. palities; powers of municipalities. applications, proceedings, approvals and of or or on on § 2052-a. Short title. This title shall be known and may be cited as the "Greater Troy area solid waste management authority act." § 2052-b. Definitions. As used or referred to in this title, unless a different meaning clearly appears from the context: 1. "Area of operation" means area within the boundaries of the city and the towns included in subdivision twenty-one of this section which elect to participate in the authority pursuant to subdivision six of section two thousand fifty-two-c of this title. 2. "Authority" shall mean the public benefit corporation created by section two thousand fifty-two-c of this title, known the intereunicipal solid waste management authority. 3. "Bonds" shall mean the bonds, notes or other evidences of indebted- 4. "Chief executive officer" shall mean the city manager, in the city, engineering, architectural, legal, fiscal and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures and other actions incidental thereto. 1. "Cost" as applied to any project, shall mean and include the cost of construction, the cost of the acquisition of all property, including real property and other property, both real and personal and improved and unimproved, the cost of demolishing, removing relocating any buildings or structures lands so acquired, including the cost of relocating tenants or other occupants of the buildings or structures such land, including the cost of acquiring any lands to which such buildings or structures may be moved or relocated, the cost of all systens, facilities, machinery, apparatus and equipinent, financing charges, interest prior to, during and after construction to the extent not paid or provided for from revenues or other sources, the cost of engineering and architectural surveys, plans and specifications, the cost of consultant and legal services, the cost of lease guarantee or bond insurance and the cost of other expenses necessary or incidental to the construction thereof, including the amount authorized in the resolution of the authority providing for the issuance of bonds to be paid into any or other special fund from the proceeds of such bonds, the financing of the placing of any project in operation and reimbursement 10 the local governments, any municipality, and state agency, the state, the United States government or any other person for expenditures that would be costs of the project hereunder had they been made directly by 8. "Governing body" shall mean the members of the authority constituting and acting as the governing body of the authority. "Legislative body" or "legislative bodies" means any or all of the Jeg islatures or local governing entities of those towns included in subdivision twenty-one of this section and of the city of Troy. 10. "Local governments" shall mean the city of Troy and the towns of any county, city, town, village, im- 13. "Project" shall mean any solid waste management facility, and any appurtenances thereto necessary or desirable to promote the efficiency effectiveness of any facility, the planning, development, financing, construction, operation or maintenance of which is authorized to be dertaken in whole or in part by the authority, pursuant to this title, íncluding any real property required in connection therewith. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law reserve the authority. mean d un es mean Source or or ma or 14. "Real property shall mean lands, structures, franchises and interests in land, waters, lands underwater, riparian rights and air rights and any and all things and rights included within said term and includes not only fees simple absolute, but also any and all lesser interests including, but not limited to, easements, rights-of-way, uses, leases, licenses and all other incorporeal hereditaments and every tate, interest or right, legal or equitable, including terms for years and liens thereon by way of judgments, mortgages or otherwise. 15. "Resource recovery" shall the separation, extraction and recovery of usable materials, energy or heat fron solid waste through separation, recycling centers other programs, projects or facilities. 16. "Revenues" shall mean all rates, fees, rents, charges and other income derived by the authority from its operations. 17. "Solid waste" shall mean all materials or substances discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including, but not limited to, garbage, refuse, industrial, agricultural and commercial waste, 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 substances and those in gaseous form, special nuclear or by-product, material within the meaning of the Atomic Energy Act of 1954, as amended, or waste which appears on the list or satisfies the characteristics of hazardous waste promulgated by the commissioner of environmental conservation pursuant to section 27-0903 of the environmental conservation law. 18. "Solid waste management facility" or "facility" shall mean any facility, plant, works, system, building, structure, improvement, chinery, equipment, fixture or other real or personal property which is to be used, occupied or employed beyond the initial solid waste collection process for the receiving, transporting, storage, processing, or disposal of solid waste or the recovery by any means of any material energy product or resource therefrom including but not limited to recycling centers, transfer stations, baling facilities, rail haul or maritime facilities, collection vehicles, processing systems, recovery facilities, steam and electric generating and transmission facilities, including auxiliary facilities to supplement or temporarily replace such generating facilities, steam distribution facilities, sanitary landfills, plants and facilities for compacting, composting or pyrolization of solid wastes, incinerators and other solid waste disposal, reduction conversion facilities and resource recovery, equipment, source separation equipment and disposal equipment as defined in subdivisions four and five of section 51-0903 of the environmental conservation law. 19. "Source separation" shall the segregation of recyclable materials from the solid waste stream at the point of generation for separate collection, sale or other disposition. 20. "State" shall mean the state of New York. 21. "Towns" shall mean the towns of Brunswick, East Greenbush, North Greenbush and Schodack jointly or individually as shall be determined by the usage of such terms in this title, or such of them that satisfy the requirements of subdivision six of section two thousand fifty-two-c of this title by filing the certificate required by that section. § 2052-c. Greater Troy area solid waste management authority. 1. A corporation known as the Greater Troy 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 а body corporate and politic constituting a public benefit corporation. It shall consist of five members, one member to be appointed by the legislative body of each local government. 2. Each member of the authority shall be appointed to serve a fiveyear term. Subsequent appointments of members shall be made for a term of five 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 occurring at the end of a term shall each be filled and appointed for a five-year term by the affected local government. Vacancies occurring otherwise than by expiration of term shall be filled for the remainder of such term in the same manner as provided for in the original appointment. Members may be removed from office by the legislative body of the local government from which appointed, in the sole discretion of such legislative body for any resource or mean area a as or or be reason. Appointinents to fill expired and unexpired terms shall made within sixty days upon receipt of notification by the affected chief executive officers of such local governments 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 three members are present. No action shall be taken except by the favorable vote of at least three members. The officers of the authority shall consist of a chairman, a vice-chairman and treasurer who shall be members of the authority, and a secretary who need not be a inember 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, attorneys and engineers, 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 it may 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 5. In addition to any powers granted to it by law, the legislative Subject to the rights of bondholders, the legislative body of each of the local governments may determine if the moneys so appropriated shall be subject to repayment by the authority to such local government and, in such eventuality, the manner and schedule for such repayment, 16. (a) The chief executive officer of each of the local governments shall file on or before December thirty-first of the year in which this title shall take effect, in the office of the secretary of state, & certificate approved by each of the legislative bodies of each local SOVernment and signed by each of the chief executive officers setting forth: (1) the name of the authority; (2) the name of the member appointed by the legislative body; (3) a verified copy of a duly adopted local law or ordinance as prescribed in section one hundred twenty-aa of the general municipal law; (4) the effective date of this title. The authority shall be perpetual' in duration, except that if any of the touns shall not file such a certificate with the secretary of state on or before such date, then such town shall not be included within the authority and shall not be a local government as defined hereinabove, and further, if such certificate is not filed by the city and by one more of the towns on or before such date, then the corporate existence of the authority shall thereupon terminate and it shall thereupon be deened to be and shall be dissolved; 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. (b) Except as provided in paragraph. (a) of this subdivision, the authority and its corporate existence shall be perpetual in duration and shall continue until terminated by state law; provided, however that no such law shall take effect so long as the authority shall have bonds other obligations outstanding unless adequate provision has been made for the payment or satisfaction thereof. Upon termination of the EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law or or ex be be а are or istence of the authority, all of the rights and properties of the authority then remaining shall pass to and vest in each of the local governments in accordance with such law. (c) Upon the filing of the certificate with the secretary of state as set forth in paragraph (a) of this subdivision, each local government filing such certificate shall be prohibited from withdrawing from the authority. A local government may withdraw from the authority only pursuant to state law that complies with the terms of paragraph (b) of this subdivision. 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 local governments, the municipalities within the area of operation and the state for the improvement of their health, welfare and prosperity and that such purposes 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. § 2052-d. Transfer of property to authority; acquisition of property by local governments for authority. 1. Each of the local government's any other municipality within the area of operation may give, grant, sell, convey, loan, license the use of or lease to the authority any property or facility which is useful to the authority in order to carry out its powers under this title. Any such transfer of property shall be upon such terms and conditions, subject to the rights of the holders of any bonds, as the authority and such local governments or other municipalities may agree. Any such gifts, grants, sale, conveyance, loan or license shall not be subject to referendum, permissive or mandatory. 2. Notwithstanding the provisions of any other law, general, special or local, real property acquired by the authority, any of the local governments or any other municipality within the area of operation from the state may be used for any corporate purpose of the aụthority. § 2052-e. Powers of the authority. The authority shall have the power: 1. To sue and be sued. 2. To have a seal and alter the same. 3. To acquire in the name of the authority, hold, sell, lease, mort{age or otherwise dispose of property, real, personal or mixed, or any interest therein, without limitation, for its corporate purposes. 4. To take by eminent domain, in the name of the authority, pursuant to the eminent domain procedure law, any real property within the area of operation required by the authority to carry out the powers granted by this title. 5. To collect, receive, transport, process, dispose of, sell, store, convey, recycle and deal with, in any lawful manner and way, solid waste and any products or by products thereof now or hereafter developed or discovered, including any energy generated by the operation of any solid waste management facility. Any such disposal or sale may be effected on such terms and in such manner as the authority may deem proper; provided, however, that in the acquisition of any real property designated as the site for any facility, the authority shall give consideration to the present and any proposed land use character of the area in which the site is to be located and zoning laws or regulations, if any, otherwise generally applicable to such area. The authority shall not determine to construct a facility within its area of operation without approval of the proposed location of the facility by a unanimous vote of the governing body of the authority. The authority shall not determine to construct a facility outside of its area of operation without the approval of the solid waste management planning unit (as that term is defined in section 27-0107 of the environmental conservation law) responsible for the municipality in which such facility is to be structed and without the approval of the chief executive officer and local_legislative body of such municipality. 6. To plan, develop and construct projects and to pay the cost thereof and to have the right to contract in relation thereto with the towns other municipalities or persons within or without the area of operation and to own and operate, maintain, repair, improve, reconstruct, enlarge and extend, subject to the provisions of this title, any of it's projects acquired or constrụcted under this title, to enter into contracts for any and all such purposes and for the management and operation of a project, and to sell, lease, mortgage or otherwise dispose of any project or part thereof to any person or public corporation, municipality or the state, subject to such conditions and limitations as the authority may determine to be in the public interest. con or |
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