2041 – Short Title.

§ 2041. Short title. This title shall be known and may be cited as the “Montgomery, Otsego, Schoharie solid waste management authority act”.

2041-A – Definitions.

§ 2041-a. Definitions. As used or referred to in this title, unless a different meaning clearly appears from the context: 1. “Area of operation” shall mean any or all of the participating counties. 2. “Authority” shall mean the public benefit corporation created by section two thousand forty-one-b of this title, known as the Montgomery, Otsego, […]

2041-B – Montgomery, Otsego, Schoharie Solid Waste Management Authority.

§ 2041-b. Montgomery, Otsego, Schoharie solid waste management authority. 1. A corporation known as the Montgomery, Otsego, Schoharie 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 […]

2041-C – Advances on Behalf of Authority; Transfer of Property to Authority; Acquisition of Property by Participating Counties for Authority.

§ 2041-c. Advances on behalf of authority; transfer of property to authority; acquisition of property by participating counties for authority. 1. In addition to any powers granted to it by law, any participating county may by resolution advance sums of money to or on behalf of the authority to defray project costs or any other […]

2041-D – Powers of the Authority.

§ 2041-d. 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, mortgage or otherwise dispose of property, real, personal or mixed, or any interest therein, without limitation, […]

2041-E – Governmental Capacity of the Authority and Municipalities.

§ 2041-e. Governmental capacity of the authority and municipalities. The authority, participating counties and other municipalities within the area of operation, in carrying out their respective powers and duties under this title, shall be deemed to be acting in a governmental capacity. The construction, operation and maintenance of any project financed in whole or in […]

2041-F – Transfer of Officers and Employees.

§ 2041-f. Transfer of officers and employees. Any officer or employee of a participating county or of any municipality located within a participating county under civil service who is selected by the authority may, with the consent of the legislative body of the employing county or municipality, be transferred to the authority and shall be […]

2041-G – Bonds of the Authority.

§ 2041-g. Bonds of the authority. 1. The authority shall have the power and is hereby authorized from time to time to issue bonds in such principal amounts as it may determine to be necessary to pay the cost of any project or for any other corporate purpose, including incidental expenses in connection therewith. The […]

2041-H – Remedies of Bondholders.

§ 2041-h. Remedies of bondholders. Subject to any resolution or resolutions adopted pursuant to subdivision three of section two thousand forty-one-g of this title: 1. In the event that the authority shall default in the payment of principal or of interest on any issue of bonds after the same shall become due, whether at maturity […]

2041-I – State, County and Municipalities Not Liable on Authority Bonds.

§ 2041-i. State, county and municipalities not liable on authority bonds. Neither the state, the participating counties nor any other municipality or public corporation shall be liable on the bonds of the authority and such bonds shall not be a debt of the state, the participating counties or any other municipality or public corporation, and […]

2041-J – Moneys of the Authority.

§ 2041-j. Moneys of the authority. All moneys of the authority from whatever source derived shall be paid to the treasurer of the authority and shall be deposited forthwith in interest-bearing accounts in a bank or banks in the state designated by the governing body. The moneys in such accounts shall be paid out on […]

2041-K – Bonds Legal Investment for Fiduciaries.

§ 2041-k. Bonds legal investment for fiduciaries. The bonds of the authority are hereby made securities in which all public officials and bodies of the state and all municipalities, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and […]

2041-L – Agreement With State.

§ 2041-l. Agreement with state. The state does hereby pledge to and agree with the holders of any bonds issued by the authority pursuant to this title that the state will not alter, limit or impair the rights hereby vested in the authority to purchase, construct, own and operate, maintain, repair, improve, reconstruct, renovate, rehabilitate, […]

2041-M – Exemption From Taxes, Assessments and Certain Fees.

§ 2041-m. Exemption from taxes, assessments and certain fees. 1. It is hereby determined that the creation of the authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of the participating counties and the state and is a public purpose and the authority shall be […]

2041-N – Actions Against Authority.

§ 2041-n. Actions against authority. 1. Except in an action for wrongful death, no action or special proceeding shall be prosecuted or maintained against the authority, its members, officers, or employees for personal injury or damage to real or personal property alleged to have been sustained by reason of the negligence, tort or wrongful act […]

2041-O – Contracts.

§ 2041-o. Contracts. All contracts or orders for work, material or supplies performed or furnished in connection with construction, shall be awarded by the authority pursuant to resolution of the governing body except as hereinafter provided. Such awards, when applicable, shall be made in compliance with paragraph (e) of subdivision four and subdivision seven of […]

2041-P – Interest in Contracts Prohibited.

§ 2041-p. Interest in contracts prohibited. It shall be a misdemeanor for any member of the governing body or any officer, agent, servant or employee of the authority to be in any way or manner interested, directly or indirectly, in the furnishing of work, materials, supplies or labor, or in any contract therefor which the […]

2041-Q – Audit and Annual Report.

§ 2041-q. Audit and annual report. In conformity with the provisions of section five of article ten of the constitution, the accounts of the authority shall be subject to the supervision of the state comptroller and an annual audit shall be performed by an independent certified accountant. The authority shall annually submit to the governor […]

2041-R – Limited Liability.

§ 2041-r. Limited liability. Neither the members of the governing body, nor any municipality, officer, or employee acting in its behalf, while acting within the scope of his or her authority, shall be subject to any personal liability resulting from the construction, maintenance or operation of any of the properties of the authority or from […]

2041-S – Agreements With the Participating Counties.

§ 2041-s. Agreements with the participating counties. Each participating county is authorized to pledge to and agree with the holders of any bonds issued by the authority pursuant to this title that the county will not alter, limit or impair the rights hereby vested in the authority to purchase, construct, own and operate, maintain, repair, […]