§ 1199-C — Rensselaer county water and sewer authority

New York § 1199-C

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 8-D: Rensselaer County Water and Sewer Authority
• Art. 5: Public Utility Authorities

Text

§ 1199-c. Rensselaer county water and sewer authority. 1. A public\ncorporation, to be known as the "Rensselaer county water and sewer\nauthority" is hereby created for the public purposes and charged with\nthe duties and having the powers provided in this title. The authority\nshall be a body corporate and politic constituting a public benefit\ncorporation, the objects of which in the judgment of the legislature\ncannot be attained under general laws. It shall consist of five members,\nwho shall be residents of the county and be appointed by the county\nexecutive; one upon recommendation of the chairman of the county\nlegislature and one upon recommendation of the minority leader, no more\nthan three members shall be members of the same political party. The\nfirst members appointed by the county executive shall be appointed for\nthe following terms of office: one for a term ending on December\nthirty-first of the second year following the year in which this title\nshall have become law, two for a term ending on December thirty-first of\nthe third year following the year in which this title shall have become\nlaw; and two for a term ending on December thirty-first of the fourth\nyear following the year in which this title shall have become law.\nSubsequent appointments of members shall be made for a term of three\nyears ending in each case on December thirty-first of the last year of\nsuch term. All members shall continue to hold office until their\nsuccessors are appointed and qualify. Vacancies shall be filled 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. Members may be removed from office for the same\nreasons and in the same manner as may be provided by law for the removal\nof officers of the county. The members of the authority shall receive\nsuch salary as shall be determined by local law. They shall receive no\nreimbursement for the ordinary expenses of attending meetings, but may\nby resolution by the authority be allowed their expenses of a special or\nextraordinary nature. A member may receive additional compensation to be\nfixed by the county, if appointed an officer of the authority. The\npowers of the authority shall be vested in and be exercised by the\ngoverning body 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 governing body may\ndelegate to one or more of its members, officers, agents or employees\nsuch powers and duties as it may deem proper.\n 2. The officers of the authority shall consist of a chairman, a\nvice-chairman and a treasurer, who shall be members of the authority,\nand a secretary, who need not be a member of the authority. Such\nofficers shall be appointed by the governing body and shall serve in\nsuch capacities at the pleasure of the governing body. In addition to\nthe secretary, the governing body may appoint and at pleasure remove\nsuch additional officers and employees as it may determine necessary for\nthe performance of the powers and duties of the authority which position\nshall be in the exempt class of civil service, and fix and determine\ntheir qualifications, duties and compensation, subject to the provisions\nof the civil service law. The governing body 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\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.\n 4. (a) The county executive 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 county executive setting forth: (1) the name of the authority; (2)\nthe names of the members appointed by the county executive and their\nterms of office; and (3) the effective date of this title. The authority\nshall be perpetual in duration, except that if such certificate is not\nfiled with the secretary of state on or before such date, then the\ncorporate existence of the authority shall thereupon terminate and it\nshall 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