§ 1114-D*2 — Water authority of North Shore

New York § 1114-D*2

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 5-A*2: North Shore Water Authority
• Art. 5: Public Utility Authorities

Text

* § 1114-d. Water authority of North Shore. 1. A corporation known as\n"water authority of North Shore" is hereby created for the purposes and\ncharged with the duties and having the powers provided in this title.\nThe authority shall be a corporate governmental agency constituting a\npublic benefit corporation and shall be a "public district" for the\npurposes of section eighty-nine of the public service law. The authority\nshall be governed by a board of directors consisting of six members. The\ngoverning boards of the villages of Old Brookville, Sea Cliff, Roslyn\nHarbor, and the City of Glen Cove shall each appoint one member. The\ngoverning board of the Town of Oyster Bay shall appoint two members\nrepresenting the residents of the unincorporated hamlets of Glen Head\nand Glenwood Landing who are serviced by the water authority of North\nShore. Each member shall serve for a period of two years. Each chief\nexecutive officer shall file with the secretary of state a certificate\nof appointment or reappointment of any member appointed or reappointed\nby such chief executive within thirty days of the appointment or\nreappointment. Members shall receive no compensation for their services\nbut shall be entitled to reimbursement of their necessary expenses,\nincluding traveling expenses, incurred in the discharge of their duties.\nNothing in this section shall be construed as preventing a chief\nexecutive officer of a municipality from appointing himself or herself\nto be a member of the board of directors.\n 2. If the authority decides to enter into a contract to purchase or\notherwise acquire an interest in the New York American water service\ncorporation or to initiate a condemnation proceeding pursuant to the\neminent domain procedure law for the area it services within the water\nauthority of North Shore district, prior to entering into any contract\nto purchase or otherwise acquire an interest in the New York American\nwater service corporation or the initiation of any condemnation\nproceeding by the authority pursuant to the eminent domain procedure law\nfor the area it services within the water authority of North Shore\ndistrict, the authority shall provide ratepayers within the area\nserviced by the New York American water service corporation and the\npublic with public forums for the expression and discussion of views\nregarding such purchase, acquisition or condemnation of the New York\nAmerican water service corporation. The authority shall hold at least\none forum in each of the towns of North Hempstead, Oyster Bay, and city\nof Glen Cove within the portions of the towns of North Hempstead and\nOyster Bay and the city of Glen Cove serviced by the New York American\nwater service corporation.\n 3. If the authority decides to enter into a contract to purchase or\notherwise acquire an interest in the New York American water service\ncorporation or to initiate a condemnation proceeding pursuant to the\neminent domain procedure law for the area it services within the water\nauthority of North Shore district, the authority is authorized to\nprovide registered voters within the area serviced by the New York\nAmerican water service corporation within the water authority of North\nShore district prior to entering into such contract to purchase or\notherwise acquire an interest in the New York American water service\ncorporation or the initiation of any condemnation proceeding by the\nauthority pursuant to the eminent domain procedure law for the area the\nNew York American water service corporation services within the water\nauthority of North Shore district, with a nonbinding referendum,\nregarding whether the authority should enter into a contract to purchase\nor otherwise acquire an interest in the New York American water service\ncorporation or initiate condemnation proceedings pursuant to the eminent\ndomain procedure law for the area it services within the water authority\nof North Shore district. The proposition shall be placed on the ballot\nand voted upon at a special election or a date to be determined by the\nNassau county board of elections.\n 4. Any one or more of the members of the board of directors may be an\nofficial or an employee of a municipality situated within the district.\nIn the event that an official or an employee of such municipality shall\nbe elected as a member of the board of directors, acceptance or\nretention of such appointment shall not be deemed a forfeiture of his or\nher municipal office or employment, or incompatible therewith or affect\nhis or her tenure or compensation in any way.\n 5. No action shall be taken by the authority except pursuant to the\nfavorable vote of fifty-one percent of the total authorized voting\nstrength of the board of directors. The total authorized voting strength\nof the board of directors shall be:\n (a) The number of weighted votes possessed by each member of the board\nof directors shall be determined in accordance with paragraphs (b), (c)\nand (d) of this subdivision, except each member shall possess equal\nweighted votes prior to the adjustment pursuant to paragraph (d) of this\nsubdivision;\n (b) No action shall be taken by the authority except pursuant to the\nfavorable vote of at least: (i) fifty-one percent of the total\nauthorized voting strength of the board of directors; and (ii) three\nmembers of the board of directors, at least two of whom shall be from\namong the four members of the board of directors possessing the greatest\nnumber of weighted votes;\n (c) The vote of each member shall be equal to one hundred multiplied\nby a fraction, the numerator of which shall be equal to the quantity of\nwater supplied by the authority to the owners, tenants, occupants and\nother water users in the municipality from which such member was\nappointed and the denominator of which shall be equal to the quantity of\nwater supplied by the authority to the owners, tenants, occupants and\nother water users in all of the municipalities within the district; and\n (d) Commencing on the first day of January, two thousand twenty-three,\nand every four years thereafter, the authorized number of votes of each\nmember shall be adjusted in accordance with the formula set forth in\nparagraph (c) of this subdivision to reflect the total quantity of water\nsupplied by the authority to owners, tenants, occupants and other water\nusers in each municipality within the district during the two calendar\nyears immediately preceding the date on which the adjustment is being\nmade.\n 6. The powers of the authority shall be vested in and shall be\nexercised by the board of directors at a meeting duly called and held.\nFour members of the board of directors, who together are authorized to\ncast a majority of the weighted vote, shall constitute a quorum. The\nboard of directors may delegate to one or more of its members, or to one\nor more of the officers, agents or employees of the authority, such\npowers and duties as it may deem proper.\n 7. The officers of the authority shall consist of a chairperson, vice\nchairperson, deputy chairperson, treasurer, and secretary, who shall not\nbe members of the board of directors. The officers of the authority\nshall be appointed by the board of directors. The board of directors may\nappoint and at its pleasure remove an attorney and an engineer, which\npositions, in addition to the officers above named, shall be in the\nexempt class of the civil service and such additional officers and\nemployees as it may require for the performance of its duties, fix and\ndetermine their qualifications, duties, compensations and terms of\noffice or tenure, subject to the provisions of the civil service law of\nthe state and such rules as the civil service commission may adopt and\nmake applicable to the authority. The authority may also from time to\ntime contract for expert professional services. The duties of the\nofficers shall be as follows:\n (a) Chairperson. The chairperson shall be the chief executive officer\nof the authority and it shall be the responsibility of the chairperson\nto:\n (i) preside at all meetings of the board of directors and of the\nofficers;\n (ii) manage the water facility, the transmission facility and the\ndistribution system and to effectuate the decisions of the board of\ndirectors;\n (iii) exercise supervision over the conduct of the officers and\nemployees of the authority;\n (iv) report annually to each customer, either by mail or by\npublication once in a newspaper having general circulation within the\ndistrict; such report shall include but not be limited to the following\ninformation:\n (1) a brief financial account on operations of the water system\nincluding, but not limited to, water rates, total revenues, operating\nand maintenance expenses, and interest on bonds and notes;\n (2) the population served by the authority;\n (3) the number of wells, towers and other storage facilities operated\nby the authority;\n (4) the total pumpage of groundwater including the amount received\nthrough interdistrict interconnections and the estimated amount lost\nfrom the system;\n (5) the single highest level from each well of each synthetic organic\nchemical, nitrate and chloride constituent tested for by the authority\nat any time during the year which exceeds the applicable county water\nquality standard or guideline, that standard or guideline, the site of\neach well at which each reported constituent was found, and the date on\nwhich each reported constituent was analyzed;\n (6) the highest level from each well of each synthetic organic\nchemical, nitrate and chloride constituent tested for by the authority\nat any time during the year which does not exceed the applicable county\nwater standard or guideline, but which contains a level equal to or\ngreater than two-thirds of the amount permitted before exceeding a\nstandard or guideline, that standard or guideline, the site of each well\nat which each reported constituent was found and the date on which each\nreported constituent was analyzed;\n (7) once every five years, the highest level of any constituent\ndiscovered within the distribution system which contains a level equal\nto or greater than two-thirds of the amount permitted before exceeding a\nstandard or guideline, that standard or guideline, and the resulting\naction taken by the authority;\n (8) any well restricted, removed from service or otherwise limited in\nits use and the cause for such action;\n (9) any actions taken to secure new supplies or replace lost capacity;\n (10) the types of treatment which the water receives before entering\nthe distribution system;\n (11) any compliance activities required by regulations of the\ndepartment of environmental conservation or the department of health or\nany local health department and any instances of noncompliance;\n (12) the present condition of the distribution system and any\nsignificant actions, as determined by the authority, to improve or\nmaintain the system;\n (13) any special public services the authority provides during the\nyear; and\n (14) information on water conservation measures customers can\nimplement, such as, but not limited to, retrofitting plumbing fixtures,\naltering irrigation timing, using irrigation sensors, leak detection,\nproper use of water-consuming appliances, daily conscientious use of\nwater and estimated savings of water, energy, and money, from use of\nthese measures;\n (v) execute all contracts in the name of the authority;\n (vi) institute, at the direction of the board of directors, all civil\nactions in the name of the authority;\n (vii) provide for the enforcement of all of the rules and regulations\nof the authority and cause all violations thereof to be prosecuted;\n (viii) sign orders to pay claims when authorized by the board of\ndirectors;\n (ix) sign checks in the absence or inability of the treasurer or\ndeputy treasurer, if any, when authorized by the board of directors; and\na certified copy of a resolution of the board of directors to that\neffect shall be notice to the depository of such authorization;\n (x) appoint, subject to the approval of the board of directors,\nnonelected officers, counsel, accountants, and other financial advisors,\nengineers and other technical advisors;\n (xi) employ, promote and discharge managers, supervisors and\nemployees; and\n (xii) take all other reasonable and necessary actions to carry out his\nor her office as the chief executive of the authority. If the\nchairperson has not been appointed as a member of the board of directors\nof the authority pursuant to this section, such chairperson shall be\ndeemed an ex officio member of the board of directors. Such status shall\nnot carry with it the right to vote on matters coming before the board\nof directors nor shall the presence of such chairperson be counted for\nthe purpose of determining a quorum.\n (b) Vice chairperson. The vice chairperson shall perform all duties\ndelegated to him or her by the chairperson and, in the absence or during\nthe disability of the chairperson, the vice chairperson shall act as\nchairperson.\n (c) Deputy chairperson. The deputy chairperson shall perform all\nduties delegated to him or her by the chairperson or the vice\nchairperson.\n (d) Secretary. (i) The secretary shall be the recording and\ncorresponding officer of the authority and the custodian of the records\nof the authority.\n (ii) The secretary shall prepare and send required notices of all\nmeetings when directed to do so by the chairperson or by the written\nrequest of four members who have specified the issues to be discussed at\nthe meeting.\n (iii) In the absence or disability of the secretary, the chairperson\nmay appoint a temporary secretary.\n (e) Treasurer. (i) The treasurer shall have custody of all moneys\nbelonging to the authority and keep accounts of all receipts and\nexpenditures in conformance with a uniform system of accounts formulated\nand prescribed by the comptroller pursuant to section thirty-six of the\ngeneral municipal law.\n (ii) The treasurer shall execute a bond, conditioned upon the faithful\nperformance of the duties of his or her office, the amount and\nsufficiency of which shall be approved by the board of directors and the\npremium therefor shall be paid by the authority.\n (iii) The treasurer shall deposit, within ten days after receipt\nthereof, in the name of the authority, in one or more banks, and/or\ntrust companies, designated by the board of directors, all moneys\nreceived by him or her.\n (iv) The treasurer may sign checks with the facsimile signature of the\ntreasurer, as reproduced by a machine or device commonly known as a\nchecksigner, when authorized by the board of directors.\n (v) The treasurer shall pay out moneys from the authority treasury\nonly as authorized by the board of directors and by law. All such\npayments, except as may be authorized by the board of directors for a\npetty cash account, shall be by check.\n (vi) The treasurer shall issue a report on the finances of the\nauthority at each regular meeting of the board of directors.\n (vii) The treasurer shall file in the office of the authority, within\nsixty days after the end of the fiscal year, a statement showing in\ndetail all revenues and expenditures during the previous fiscal year and\nthe outstanding indebtedness of the authority as of the end of the\nfiscal year. The members shall, within ten days, cause to be published\nonce in a newspaper having general circulation within the district, a\nnotice that the annual financial statement has been filed and is\navailable for inspection or a summary of such statement in a form\napproved by the comptroller, with an endorsement thereon that details\nthereof are on file in the office of the authority. The members shall\ncause to be audited by a certified public accountant engaged for that\npurpose, such report and supporting records.\n 8. The terms of the chairperson, vice chairperson and deputy\nchairperson first appointed shall be staggered, the chairperson first\nappointed shall serve for a period of four years, the vice chairperson\nfirst appointed shall serve for a period of three years and the deputy\nchairperson first appointed shall serve for a period of two years;\nthereafter their successors shall serve for terms of four years. The\nremaining officers shall each serve terms of one year. The board of\ndirectors shall have the right, at any time, to extend any such term,\nfor a period of months, to provide that such term terminates\ncontemporaneously with the end of the fiscal year of the authority.\n 9. The officers of the authority shall receive such compensation for\ntheir services as shall be fixed by the board of directors and shall be\nreimbursed for all necessary and actual expenses incurred in connection\nwith their duties as such officers and in connection with the carrying\nout of the purposes of this title.\n 10. The authority and its corporate existence shall continue until\nterminated by law; provided, however, that no such law shall take effect\nso long as the authority shall have bonds or other obligations\noutstanding unless adequate provision has been made for the payment or\nsatisfaction thereof. Upon termination of the existence of the\nauthority, all of the rights and properties of the authority then\nremaining shall pass to and vest in the municipalities within the\ndistrict. Such property shall be apportioned and distributed among the\nmunicipalities within the district in direct proportion to their\nweighted voting on the date of the termination of the authority.\n 11. In addition to any powers granted to it by law, the governing body\nof each of the municipalities within the district, from time to time,\nmay appropriate sums of money to defray project costs or any other costs\nand expenses of the authority. Subject to the rights of bondholders,\neach governing body may determine if the moneys so appropriated shall be\nsubject to repayment by the authority to the municipalities, and in such\nevent, the manner and time or times for such repayment.\n 12. Neither the public service commission nor any other board or\ncommission of like character, shall have jurisdiction over the authority\nin the management and control of its properties or operations or any\npower over the regulation of rates fixed or charges collected by the\nauthority.\n 13. It is hereby determined and declared that the authority and the\ncarrying out of its powers, purposes and duties are in all respects for\nthe benefit of the people of the municipalities within the district and\nstate, for the improvement of their health, welfare and prosperity and\nthat the said purposes are public purposes and that the authority is and\nwill be performing an essential governmental function in the exercise of\nthe powers conferred upon it by this title.\n * NB There are 2 § 1114-d's\n