§ 1120-C — Clifton Park water authority

New York § 1120-C

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 6-B: Clifton Park Water Authority
• Art. 5: Public Utility Authorities

Text

§ 1120-c. Clifton Park water authority. 1. A public corporation to be\nknown as the Clifton Park water authority, is hereby created for the\npublic purposes and charged with the duties and having the powers\nprovided in this title. The authority shall be a body corporate and\npolitic constituting a public benefit corporation, the objects of which\nin the judgment of the legislature cannot be attained under general\nlaws. The authority shall be governed by a board of five members, who\nshall be residents of the town of Clifton Park and be appointed by the\nClifton Park town board. The first members shall be appointed for the\nfollowing terms of office: the two most junior council members on the\ntown board shall each appoint one member for a term ending on December\nthirty-first of the third year following the year in which this title\nshall have become law; the other two council members on the town board\nshall each appoint one member for a term ending on December thirty-first\nof the fourth year following the year in which this title shall have\nbecome law; and the town supervisor shall appoint a member for a term\nending on December thirty-first of the fifth year following the year in\nwhich this title shall have become law. No elected officials shall be\nmembers of the water authority. Subsequent appointments of members shall\nbe made by a vote of the majority of the members of the town board for a\nterm of five years ending in each case on December thirty-first of the\nlast year of such term. All members shall continue to hold office until\ntheir successors are appointed and qualify. In no event shall more than\nthree members belong to the same political party. Vacancies shall be\nfilled in the manner provided for subsequent appointments. Vacancies,\noccurring otherwise than by expiration of term of office, shall be\nfilled for the unexpired terms. Members may be removed from office for\nthe same reasons and in the same manner as may be provided by law for\nthe removal of officers of the town. They shall receive no reimbursement\nfor the ordinary expenses of attending meetings, but may by resolution\nof the authority be allowed their expenses of a special or extraordinary\nnature.\n 2. The powers of the authority shall be vested in and be exercised by\nthe board at a meeting duly called and held where a quorum of three\nmembers are present. No action shall be taken except pursuant to the\nfavorable vote of at least three members. The board may delegate to one\nor more of its members, officers, agents or employees such powers and\nduties as it may deem proper.\n 3. The officers of the authority shall consist of a chairman,\nvice-chairman and a treasurer, who shall be members of the authority,\nand a secretary, who need not be a member of the authority. The chairman\nshall be appointed by the town supervisor for a one year term coinciding\nwith the calendar year and the remaining officers shall be appointed by\nthe chairman and shall act in such capacities at the pleasure of the\nchairman. The chairman may be appointed to subsequent terms without\nlimitations. In addition to the secretary, the board may appoint and at\npleasure remove such additional officers and employees as it may\ndetermine necessary or desirable for the performance of the powers and\nduties of the authority which positions shall be in exempt class of\ncivil service, and fix and determine their qualifications, duties and\ncompensation, subject to the provisions of the civil service law of the\nstate and such rules as the civil service commission may adopt and make\napplicable to the authority. The board may also from time to time\ncontract for expert professional services. The treasurer shall execute a\nbond, conditioned upon the faithful performance of the duties of his or\nher office, the amount and sufficiency of which shall be approved by the\nboard and the premium therefor shall be paid by the authority.\n 4. Notwithstanding any inconsistent provision of any general, special\nor local law, ordinance, resolution or charter, no officer, member or\nemployee of the state, any municipality, or any public benefit\ncorporation, shall forfeit his or her office or employment by reason of\nhis or her acceptance or appointment as a member, officer, agent or\nemployee of the authority, nor shall service as such member, officer,\nagent or employee be deemed incompatible or in conflict with such\noffice, membership or employment; provided, however, that no elected\nofficial shall be a member of the authority.\n 5. (a) The town supervisor shall file on or before March thirty-first\nof the year following the year in which this title shall have become a\nlaw, in the office of the secretary of state, a certificate signed by\nthe town supervisor setting forth:\n (1) the name of the authority;\n (2) the names of the members appointed by the town board and their\nterms of office; and\n (3) the effective date of this title. The authority shall be perpetual\nin duration, except that if such certificate is not filed with the\nsecretary of state on or before such date, then the corporate existence\nof the authority shall thereupon terminate and it shall thereupon be\ndeemed to be and shall be dissolved. The town supervisor may file in the\noffice of the secretary of state an amended certificate signed by him or\nher setting forth any change in the name of the authority. The failure\nof the town supervisor to file an amended certificate shall not in any\nway affect the corporate existence of the authority.\n (b) Except as provided in paragraph (a) of this subdivision, the\nauthority and its corporate existence shall continue until terminated by\nlaw, provided, however, that no such law shall take effect so long as\nthe authority shall have bonds or other obligations outstanding unless\nadequate provision has been made for the payment or satisfaction\nthereof. Upon termination of the existence of the authority, all of the\nrights and properties of the authority then remaining shall pass to and\nvest in the town.\n 6. 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 regulations of rates fixed or charges collected by the\nauthority.\n 7. It is hereby determined and declared, that the authority and the\ncarrying out of its powers and duties are in all respects for the\nbenefit of the people of the town and the state for the improvement of\ntheir health, welfare and prosperity and that such purposes are public\npurposes and that the authority is and will be performing an essential\ngovernmental function in the exercise of the powers conferred upon it by\nthis title.\n 8. In carrying out its functions the authority shall take into\nconsideration the local zoning and planning regulations as well as local\ncomprehensive land use plans.\n