§ 1199-DD*2 — Orange county water authority

New York § 1199-DD*2

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

Text

* § 1199-dd. Orange county water authority. 1. A public corporation,\nto be known as the "Orange county water authority" is hereby created for\nthe public purposes and charged with the duties and having the powers\nprovided in this title. The authority shall be a body corporate and\npolitic constituting a public benefit corporation and shall be a "public\ndistrict" for purposes of section eighty-nine-l of the public service\nlaw, the objects of which in the judgment of the legislature cannot be\nattained under general laws. It shall consist of seven members, who\nshall be residents of the county and be appointed by the county\nexecutive. All members so appointed shall be subject to confirmation by\nthe county legislature. The first members appointed by the county\nexecutive shall be appointed for the following terms of office: two for\na term ending on December thirty-first of the second year following the\nyear in which this title shall have become law; three for a term ending\non December thirty-first of the third year following the year in which\nthis title shall have become law; one for a term ending on December\nthirty-first, two thousand thirteen; and one for a term ending on\nDecember thirty-first, two thousand fourteen. Subsequent appointments of\nmembers shall be made for a term of two years ending in each case on\nDecember thirty-first of the last year of such term. All members shall\ncontinue to hold office until their successors are appointed and\nqualify. Vacancies shall be filled in the manner provided for original\nappointment. Vacancies, occurring otherwise than by expiration of term\nof office, shall be filled by appointment for the unexpired terms.\nMembers may be removed from office for the same reasons and in the same\nmanner as may be provided by law for the removal of officers of the\ncounty. The members of the authority shall receive no compensation for\ntheir services, but shall be reimbursed for all their actual and\nnecessary expenses incurred in connection with the carrying out of the\npurposes of this title. The powers of the authority shall be vested in\nand be exercised by the governing body at a meeting duly called and held\nwhere a quorum of four members are present. No action shall be taken\nexcept pursuant to the favorable vote of at least four members. The\ngoverning body may delegate to one or more of its members, officers,\nagents or employees such powers and duties as it may deem proper.\n 2. The officers of the authority shall consist of a chairman, vice\nchairman and a treasurer, who shall be members of the authority, and a\nsecretary, who need not be a member of the authority. Such officers\nshall be appointed by the governing body and shall serve in such\ncapacities at the pleasure of the governing body. In addition to the\nsecretary, the governing body may appoint and at pleasure remove such\nadditional officers and employees as it may be determined necessary for\nthe performance of the powers and duties of the authority and fix and\ndetermine their qualifications, duties and compensation, subject to the\nprovisions of the civil service law. The governing body may also from\ntime to time contract for expert professional services. The treasurer\nshall execute a bond, conditioned upon the faithful performance of the\nduties of his or her office, the amount and sufficiency of which shall\nbe approved by the governing body and the premium therefor shall be paid\nby 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,\nagency 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 December\nthirty-first in 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: (i) the name of the authority; (ii) the names\nof the members appointed by the county executive and confirmed by the\ncounty legislature and their terms of office; and (iii) the effective\ndate of this title. If such certificate is not filed with the secretary\nof state on or before such date, then the corporate existence of the\nauthority shall thereupon terminate and it shall thereupon be deemed to\nbe 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 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 § 1199-dd's\n