N.Y. Public Authorities Law Section 2052-C
Oneida county sports facility authority


1.

A public corporation, to be known as the “Oneida county sports facility 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, the objects of which in the judgment of the legislature cannot be attained under general laws. The board of the authority shall consist of a total of seven members, three of whom shall be appointed by the county executive, without confirmation of the county board of legislators, and four of whom shall be appointed by the county board of legislators, without county executive right to veto. The first members appointed by the county executive shall be appointed for the following terms of office: one for a term ending on December thirty-first of the first year following the year in which this title shall have become law, one for a term ending on December thirty-first of the third year following the year in which this title shall have become law and one for a term ending on December thirty-first of the fifth year following the year in which this title shall have become law. The first members appointed by the county board of legislators shall have the following terms of office: one for a term ending on December thirty-first of the first year following the year in which this title shall have become law, one for a term ending on December thirty-first of the third year following the year in which this title shall have become law, and two for a term ending on December thirty-first of the fifth year following the year in which this title shall have become law. 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 shall be filled in the manner provided for original appointment. Vacancies, occurring otherwise than by expiration of term of office, shall be filled by appointment for the unexpired terms. Members may be removed from office for the same reasons and in the same manner as may be provided by law for the removal of officers of the county. The members of the authority shall receive no compensation for their services, but shall be reimbursed for 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 board at a meeting duly called and held where a quorum of four members are present. No action shall be taken except pursuant to the favorable vote of at least four voting members. The board may delegate to one or more of its members, officers, agents or employees such powers and duties as it may deem proper.

2.

The officers of the authority shall consist of a chairman, who shall be a member of the authority, and 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. Such officers shall be appointed by the board and shall serve in such capacities at the pleasure of the board. In addition to the secretary, the board may appoint and at pleasure remove such additional officers and employees as it may determine necessary for the performance of the powers and duties of the authority and fix and determine their qualifications, duties and compensation, subject to the provisions of the civil service law. The appointment and promotion of all employees of the authority shall be made in accordance with the provisions of the civil service law and county civil service rules, and such employees shall be entitled to membership in the county pension and retirement system, and shall be entitled to the same rights and obligations thereunder as the employees of the county. The board may also from time to time contract for expert professional services, and may retain or employ counsel, auditors, engineers and private consultants on a contract basis or otherwise for rendering professional or technical services and advice. The treasurer shall execute a bond, conditioned upon the faithful performance of the duties of his or her office, the amount and sufficiency of which shall be approved by the board and the premium therefor 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 such member, officer, agent or employee be deemed incompatible or in conflict with such office, membership or employment and any such officer, member or employee may accept such appointment and serve as a member, officer, agent or employee of the authority without forfeiture of any other office or position of public employment by reason thereof.

4.

(a) The county executive shall file on or before December thirty-first of the year in which this title shall have become a law, in the office of the secretary of state, a certificate signed by the county executive setting forth:

(1)

the name of the authority;

(2)

the names of the members initially appointed and their terms of office; 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 thereupon 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. Upon termination of the existence of the authority, all of the rights and each project of the authority then remaining shall pass to and vest in the county.

5.

It is hereby determined and declared, 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.

Source: Section 2052-C — Oneida county sports facility authority, https://www.­nysenate.­gov/legislation/laws/PBA/2052-C (updated Sep. 22, 2014; accessed Jul. 13, 2024).

Accessed:
Jul. 13, 2024

Last modified:
Sep. 22, 2014

§ 2052-C’s source at nysenate​.gov

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