§ 1199-DD — Wayne county water and sewer authority

New York § 1199-DD

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

Text

* § 1199-dd. Wayne county water and sewer authority. 1. A public\ncorporation known as the "Wayne 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. The authority shall be a\ncorporate governmental agency constituting a public benefit corporation\nand 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 nine members, who shall be residents of the\ncounty and be appointed by the chairman of the board of supervisors and\nconfirmed by the board of supervisors. The first members appointed shall\nbe appointed for the following terms: three for a term ending on\nDecember thirty-first of the year following the year in which this title\nshall have become law; three for a term ending on December thirty-first\nof the second year following the year in which this title shall have\nbecome law; and three for a term ending on December thirty-first of the\nthird year following the year in which this title shall have become law.\nSubsequent 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. Vacancies shall\nbe filled in the manner provided for original appointment. Vacancies\noccurring otherwise than by expiration of terms of office, shall be\nfilled by appointment for the unexpired terms. Members may be removed\nfrom office for the same reasons and in the same manner as may be\nprovided by law for the removal of officers of the county. In addition,\nmembers may be removed from office by the board of supervisors for\ninefficiency, neglect of duty or misconduct in office, after the board\nof supervisors has given such member a copy of the charges against him\nor opportunity to be heard in person or by counsel in his defense, upon\nnot less than ten days notice. If a member fails to attend three\nconsecutive regular meetings of the authority, unless such absence is\nfor good cause and is excused by the chairperson of the authority or\nother presiding officer, or in the case of the chairperson of the\nauthority, by the chairman of the board of supervisors, the office may\nbe deemed vacant for purposes of the nomination and appointment of a\nsuccessor. The members and officers of the authority shall receive from\nthe authority such salary, if any, as shall be determined from time to\ntime by the board of supervisors. In addition, members and officers\nshall be entitled to reimbursement of their actual and necessary\nexpenses, including travel expenses, incurred in the discharge of their\nduties.\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. In addition, the board may\nappoint and at pleasure remove such additional officers and employees as\nit may determine necessary for the performance of the powers and duties\nof the authority, which positions shall be in the exempt class of the\ncivil service, and fix and determine the qualifications, duties and\ncompensation of such additional officers and employees, subject to the\nprovisions of the civil service law of the state and such rules as the\ncivil service commission may adopt and make applicable to the authority.\nThe 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 his or her office, the\namount and sufficiency of which shall be approved by the board, and the\npremium 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) 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 * NB There are 2 § 1199-dd's\n