§ 1199-CCCC*2 — Livingston county water and sewer authority

New York § 1199-CCCC*2

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

Text

* § 1199-cccc. Livingston county water and sewer authority. 1. A\npublic corporation known as the "Livingston 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 corporate governmental agency constituting a public benefit\ncorporation and shall be a "public district" for the purposes of section\neighty-nine-l of the public service law. The authority shall be governed\nby a board consisting of seven members, who shall be residents of the\ncounty and be appointed by resolution of the board of supervisors. The\nfirst members appointed shall be appointed for the following terms: two\nfor a term ending on December thirty-first of the year following the\nyear in which this title shall have become law; two for a term ending on\nDecember thirty-first of the second year following the year in which\nthis title shall have become law; and three for a term ending on\nDecember thirty-first of the third year following the year in which this\ntitle shall have become law. Subsequent appointment of members shall be\nmade in the same manner and for terms of three years ending in each case\non December thirty-first of the last year of such term. All members\nshall continue to hold office until their successors are appointed and\nhave qualified. Vacancies shall be filled in the manner provided for\noriginal appointment. Vacancies occurring otherwise than by expiration\nof terms of office, shall be filled by appointment for the unexpired\nterms. Members may be removed from office for the same reasons and in\nthe same manner as may be provided by law for the removal of officers of\nthe county. In addition, members may be removed from office by the board\nof supervisors for inefficiency, neglect of duty or misconduct in\noffice, after the board of supervisors has given such member a copy of\nthe charges against him and opportunity to be heard in person or by\ncounsel in his defense, upon not less than ten days notice. If a member\nfails to attend three consecutive regular meetings of the authority,\nunless such absence is for good cause and is excused by the chairperson\nof the authority or other presiding officers, or in the case of the\nchairperson of the authority, by the chairman of the board of\nsupervisors, the office may be deemed vacant for purposes of the\nnomination and appointment of a successor. The officers of the authority\nshall receive from the authority such salary, if any, as shall be\ndetermined from time to time by the board of supervisors. In addition,\nmembers and officers shall be entitled to reimbursement of their actual\nand necessary expenses, including travel expenses, incurred in the\ndischarge 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 four members is present. No action shall be taken by the authority\nexcept pursuant to the favorable vote of at least four 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. In addition, the board may\nappoint and at its pleasure remove such additional officers and\nemployees as it may determine necessary for the performance of the\npowers and duties of the authority and fix and determine the\nqualifications, duties and compensation of such additional officers and\nemployees, 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 authority 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 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 one or more members of the board\nof supervisors may be appointed to serve as a member of the authority.\n 5. (a) The chairman of the board of supervisors shall file within one\nyear after the effective date of this title, in the office of the\nsecretary of state, a certificate signed by the chairman of the board of\nsupervisors setting forth: (i) the name of the authority; (ii) the names\nof the initial members of the board and their terms of office; and (iii)\nthe effective date of this title. If such certificate is not filed with\nthe 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) 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 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 8. Nothing in this title shall be construed to obligate the state in\nany way in connection with the operations or obligations of the\nauthority.\n * NB There are 2 § 1199-cccc's\n