§ 1199-DDD — Saratoga county water authority

New York § 1199-DDD

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 8-F: Saratoga County Water Authority
• Art. 5: Public Utility Authorities

Text

§ 1199-ddd. Saratoga county water authority. 1. A public corporation\nknown as the "Saratoga county water authority" is hereby created for the\npublic purposes and charged with the duties and having the powers\nprovided in this title. The authority shall be a corporate governmental\nagency constituting a public benefit corporation and shall be a "public\ndistrict" for the purposes of section eighty-nine-l of the public\nservice law. The authority shall be governed by a board consisting of\nseven members, who shall be residents of the county and be appointed by\nthe chairman of the board of supervisors and confirmed by the board of\nsupervisors. At least four members shall be elected officials. The first\nmembers appointed shall be appointed for the following terms: four for a\nterm ending on December thirty-first, nineteen hundred ninety-six; three\nfor a term ending on December thirty-first, nineteen hundred\nninety-seven. Subsequent appointments of board members shall be made in\nthe same manner, except that at least five of the seven members shall\neach be a resident of a municipality with which the authority has a\nservice or distribution contract, each of the said resident board\nmembers shall not be a resident of the same municipality as any other\nresident board member and may be one or more of the aforementioned\nelected officials. Subsequent appointments of board members shall be for\nterms of two years and end, 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\nand 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 chairperson of the board of supervisors, the office\nmay be deemed vacant for the purposes of the nomination and appointment\nof a successor. The members of the authority shall receive no salary\nfrom the authority. 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 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, except the power to vote upon issues as an\nauthority member.\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 and\nregulations as the personnel officer may adopt and make applicable to\nthe authority. The authority may also from time to time contract for\nexpert professional services. The treasurer shall execute a bond\nconditioned upon the faithful performance of the duties of his or her\noffice, 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.\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\nspecifying which member is the chairman; and (iii) the effective date of\nthis title. If such certificate is not filed with the secretary of state\non or before such date, then the corporate existence of the authority\nshall thereupon terminate and it shall thereupon be deemed to be and\nshall 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, or 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