§ 1149-C — Seneca county water and sewer authority

New York § 1149-C

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 6-E: Seneca County Water and Sewer Authority
• Art. 5: Public Utility Authorities

Text

§ 1149-c. Seneca county water and sewer authority. 1. A public\ncorporation known as the "Seneca county water and sewer authority" is\nhereby created for the public purposes and charged with the duties and\nhaving the powers provided in this title.\n The 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-l of the public service law. The\nauthority shall be governed by a board consisting of nine members, who\nshall be residents of the county and be appointed by the chairperson of\nthe board of supervisors and confirmed by the board of supervisors.\n The first members appointed shall be appointed for the following\nterms: three for a term ending on December thirty-first of the year\nfollowing the year in which this title shall have become law; three for\na term ending on December thirty-first of the second year following the\nyear in which this title shall have become law; and three for a term\nending on December thirty-first of the third year following the year in\nwhich this title shall have become law.\n Subsequent appointment of members shall be made in the same manner and\nfor terms of three years ending in each case on December thirty-first of\nthe last year of such term. All members shall continue to hold office\nuntil their successors are appointed and have qualified.\n Vacancies shall be filled in the manner provided for original\nappointment. Vacancies occurring otherwise than by expiration of terms\nof office, shall be filled by appointment for the unexpired terms.\n Members may be removed from office for the same reasons and in the\nsame manner as may be provided by law for the removal of officers of the\ncounty. In addition, members may be removed from office by the board of\nsupervisors for inefficiency, neglect of duty or misconduct in office,\nafter the board of supervisors has given such member a copy of the\ncharges against such member and opportunity to be heard in person or by\ncounsel in such member's defense, upon not less than ten days notice.\n If a member fails to attend three consecutive regular meetings of the\nauthority, unless such absence is for good cause and is excused by the\nchairperson of the authority or other presiding officers, or in the case\nof the chairperson of the authority, by the chairperson of the board of\nsupervisors, the office may be deemed vacant for purposes of the\nnomination and appointment of a successor.\n The officers of the authority shall receive from the authority such\nsalary, if any, as shall be determined from time to time by the board of\nsupervisors. In addition, members and officers shall be entitled to\nreimbursement of their actual and necessary expenses, including travel\nexpenses, incurred in the discharge of their duties.\n 2. The powers of the authority shall be vested in and shall be\nexercised by the board at a meeting duly called and held where a quorum\nof five members is present. No action shall be taken by the authority\nexcept pursuant to the favorable vote of at least five members. The\nboard may delegate to one or more of its members, or to one or more of\nthe officers, agents or employees of the authority, such powers and\nduties as it may deem proper.\n 3. The officers of the authority shall consist of a chairperson, vice\nchairperson, and treasurer who shall be members of the board and a\nsecretary who need not be a member of the board. The officers of the\nauthority shall be appointed by the board and shall serve in such\ncapacities at the pleasure of the board.\n In addition, the board may appoint and at its pleasure remove such\nadditional officers and employees as it may determine necessary for the\nperformance of the powers and duties of the authority, which positions\nshall be in the exempt class of the civil service, and fix and determine\nthe qualifications, duties and compensation of such additional officers\nand employees, 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.\n The authority may also from time to time contract for expert\nprofessional services. The treasurer shall execute a bond, conditioned\nupon the faithful performance of the duties of such treasurer's office,\nthe amount and sufficiency of which shall be approved by the board, and\nthe 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 such officer, member or employee's office or\nemployment by reason of such officer, member or employee's acceptance of\nappointment as a member, officer, agent or employee of the authority,\nnor shall service as such member, officer, agent or employee be deemed\nincompatible or in conflict with such office, membership or employment,\nand one or more members of the board of supervisors may be appointed to\nserve as a member of the authority.\n 5. (a) The chairperson of the board of supervisors shall file within\none year after the effective date of this title, in the office of the\nsecretary of state, a certificate signed by the chairperson of the board\nof supervisors setting forth: (i) the name of the authority; (ii) the\nnames of the initial members of the board and their terms of office; and\n(iii) the effective date of this title. If such certificate is not filed\nwith the secretary of state on or before such date, then the corporate\nexistence of the authority shall thereupon terminate and it shall\nthereupon be deemed to be and shall be dissolved.\n (b) 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 county.\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 of any\npower over the regulation 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, purposes and duties are in all respects for\nthe benefit of the people of the county and the state, for the\nimprovement of their health, welfare and prosperity and that such\npurposes are public purposes and that the authority is and will be\nperforming an essential governmental function in the exercise of the\npowers conferred upon it by this title.\n