§ 1123*2 — Dutchess county water and wastewater authority

New York § 1123*2

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 6-C*: Dutchess County Water and Wastewater Authority
• Art. 5: Public Utility Authorities

Text

* § 1123. Dutchess county water and wastewater authority. 1. A public\ncorporation, to be known as the "Dutchess county water and wastewater\nauthority" is hereby created for the public purpose and charged with the\nduties and having the powers provided in this title. The authority shall\nbe a body corporate and politic constituting a public benefit\ncorporation and shall be a "public district" for purposes of section\neighty-nine-l of the public service law, the objects of which in the\njudgment of the legislature cannot be attained under general laws. The\ngoverning body of the authority shall consist of a total of five voting\nmembers, two of whom shall be appointed by the county executive, without\nconfirmation of the county legislature, two of whom shall be appointed\nby the chairman of the county legislature, without confirmation of the\ncounty legislature and without county executive right to veto, and one\nof whom shall be appointed jointly by the county executive and the\nchairman of the county legislature, subject to confirmation by the\ncounty legislature, and of three non-voting ex officio members, one of\nwhom shall be the manager of the county soil and water conservation\ndistrict, one of whom shall be the executive director of the\nenvironmental management council and one of whom shall be the county\ncommissioner of planning, or their designated representatives. No voting\nmember shall, either at the time of his or her appointment or at any\ntime during which he or she shall serve as a voting member, be a member\nof the county legislature, a town board, village board of trustees, city\ncouncil, common council, board of estimate and apportionment, board of\nestimate and contract, or member of a body serving a similar function in\na city, or a member of a body serving a similar function of a sewer or\nwater district which, as of December thirty-first, nineteen hundred\nthirty-eight, possessed both the power to contract indebtedness in its\nown name and to levy taxes or benefit assessments upon real property or\nrequire the levy of such taxes or benefit assessments. The election or\nappointment of a voting member to any such office or membership shall\nresult in a vacancy in the position of such voting member effective the\ndate of the assumption of such office or membership. The first members\nappointed by the county executive shall be appointed for the following\nterms of office: one for a term ending on December thirty-first of the\nsecond year following the year in which this title shall have become law\nand one for a term ending on December thirty-first of the fifth year\nfollowing the year in which this title shall have become law. The first\nmembers appointed by the county legislature shall have the following\nterms: one for a term ending on December thirty-first of the first year\nfollowing the year in which this title shall have become law and one for\na term ending on December thirty-first of the fourth year following the\nyear in which this title shall have become law. The first member jointly\nappointed by the county executive and the county legislature shall have\na term of office ending on December thirty-first of the third year\nfollowing the year in which this title shall have become law. Subsequent\nappointments of voting members shall be made for a term of five years\nending in each case on December thirty-first of the last year of such\nterm. No person who has served as a voting member for two consecutive\nterms shall be eligible for reappointment as a member for a third term,\nexcept after an interval of at least two years. Any initial term or\nunexpired term greater than two years shall be considered to be a five\nyear term. All voting members shall continue to hold office until their\nsuccessors are appointed and qualify. Vacancies shall be filed in the\nmanner provided for original appointment. Vacancies, occurring otherwise\nthan by expiration of term of office, shall be filled by appointment for\nthe unexpired terms. Voting members may be removed from office for the\nsame reasons and in the same manner as may be provided by law for the\nremoval of officers of the county. The members of the authority shall\nreceive no compensation for their services, but shall be reimbursed for\ntheir actual and necessary expenses incurred in connection with the\ncarrying out of the purposes of this title. The powers of the authority\nshall be vested in and be exercised by the governing body at a meeting\nduly called and held where a quorum of three voting members are present.\nNo action shall be taken except pursuant to the favorable vote of at\nleast three voting members. The governing body may delegate to one or\nmore of its members, officers, agents or employees such powers and\nduties as it may deem proper.\n 2. The officers of the authority shall consist of a chairman, who\nshall be a voting member of the authority, and a vice-chairman and a\ntreasurer, who shall be voting members of the authority, and a\nsecretary, who need not be either a voting member or a non-voting member\nof the authority. Such officers shall be appointed by the voting member\nof the governing body and shall serve in such capacities at the pleasure\nof the voting members of the governing body. In addition to the\nsecretary, the voting members of the governing body may appoint and at\npleasure remove such additional officers and employees as it may\ndetermine necessary for the performance of the powers and duties of the\nauthority and fix and determine their qualifications, duties and\ncompensation, subject to the provisions of the civil service law. The\nvoting members of the governing body may also from time to time contract\nfor expert professional services. The treasurer shall execute a bond,\nconditioned upon the faithful performance of the duties of his or her\noffice, the amount and sufficiency of which shall be approved by the\ngoverning body and the premium therefor shall be paid by the authority.\n 3. 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 of 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 and any such officer, member or\nemployee may accept such appointment and serve as a member, officer,\nagent or employee of the authority without forfeiture of any other\noffice or position of public employment by reason thereof.\n 4. (a) The county executive shall file on or before December\nthirty-first of the year in which this title shall have become a law, in\nthe office of the secretary of state, a certificate signed by the county\nexecutive setting forth: (1) the name of the authority; (2) the names of\nthe voting members initially appointed, and their terms of office; (3)\nthe names of the ex officio members, and (4) the effective date of this\ntitle. The authority shall be perpetual in duration, except that if such\ncertificate is not filed with the secretary of state on or before such\ndate, then the corporate existence of the authority shall thereupon\nterminate and it shall thereupon be deemed to be and shall be dissolved.\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 county.\n 5. 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 county 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 * NB There are 2 § 1123's\n