§ 1226-C — Upper Mohawk valley regional water finance authority

New York § 1226-C

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 10: Upper Mohawk Valley Regional Water Finance Authority
• Art. 5: Public Utility Authorities

Text

§ 1226-c. Upper Mohawk valley regional water finance authority. 1. A\npublic corporation to be known as the "upper Mohawk valley regional\nwater finance authority" is hereby created for the public purposes and\ncharged with the duties and having the powers provided in this title.\nThe authority shall be a body corporate and politic constituting a\npublic benefit corporation. The governing body of the authority shall\nconsist of a total of five members, to be appointed and to serve as\nfollows: one member, who shall be a resident of the city, shall be\nappointed by the council; one member, who shall be a resident of the\ncity, shall be appointed by the mayor; one member shall be appointed by\nthe county executive, which initially appointed member shall be a\nresident of the city and which subsequently appointed member's residence\nshall alternate between such member's being a resident of the service\narea outside of the city and a resident of the city; and two members\nshall be residents of the service area outside of the city and shall be\nappointed by the towns and villages within, either wholly or partly, the\nservice area in accordance with the following procedure: one member\nshall be appointed by the town board of the town of New Hartford and\nalternately by the town board of the town of Whitestown. The first such\nmember shall be appointed by the town board of the town of New Hartford.\nFollowing the expiration of that member's term, each subsequent member\nshall be appointed alternately by the town board of the town of\nWhitestown and then by the town board of the town of New Hartford; and\none member shall be appointed by a majority vote of representatives in\nattendance at a meeting called for such purpose from the towns of\nDeerfield, Frankfort, Kirkland, Marcy, Trenton and Schuyler. For\npurposes of such vote, each such town shall appoint one representative\nto cast the vote for such town for such purpose. For purposes of\nappointment by such towns, such towns are hereby authorized to meet at\nsuch times and locations as a majority of such towns shall determine to\nappoint such members. No appointment made by the mayor shall be subject\nto confirmation by the council. No appointment made by the county\nexecutive shall be subject to confirmation by the county legislature. No\nappointment by the council shall be subject to approval or veto by the\nmayor. Failure by any party to appoint any member shall not invalidate\nthe creation or establishment of the authority and shall result in the\ncreation of a vacancy on the governing body of the authority which may\nbe filled at any time by such party. The first member appointed by the\ncouncil shall be appointed for a term of office ending on December\nthirty-first of the third year following the year in which this title\nshall have become law. The first member appointed by the mayor shall be\nappointed for a term ending on December thirty-first of the second year\nfollowing the year in which this title shall have become law. The first\nmember appointed by the county executive shall be appointed for a term\nending on December thirty-first of the second year following the year in\nwhich this title shall have become law. The first member appointed by\nthe towns of New Hartford, Marcy and Whitestown shall be appointed for a\nterm of office ending on December thirty-first of the third year\nfollowing the year in which this title shall have become law. The first\nmember appointed by the other towns shall be appointed for a term ending\non December thirty-first of the first year following the year in which\nthis title shall have become law. Subsequent appointments of members\nshall be made for a term of three years ending in each case on December\nthirty-first of the last year of such term. All members shall continue\nto hold office until their successors are appointed and qualify.\nVacancies 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 by the party which appointed such\nmember for inefficiency, neglect of duty or misconduct in office;\nprovided, however, that such member shall be given a copy of the charges\nagainst him or her and an opportunity of being heard in person, or by\ncounsel, in his or her defense upon not less than ten days notice. Any\nmember required to be a resident of a specified area shall forfeit his\nor her membership on the governing body upon such member's termination\nof residence in such area, which forfeiture shall create a vacancy. The\nmembers of the authority shall receive no compensation for their\nservices but shall be reimbursed for their actual and necessary expenses\nincurred in connection with the carrying out of the purposes of this\ntitle; provided, however, that no member shall be reimbursed for any\nexpense exceeding one thousand dollars incurred with respect to any\nindividual purpose unless the governing body at a meeting duly called\nand held when a quorum of three members are present shall have\nauthorized the incurrence of such expense by such member. The powers of\nthe authority shall be vested in and be exercised by the governing body\nat a meeting duly called and held where a quorum of three members are\npresent. No action shall be taken except pursuant to the favorable vote\nof at least three voting members. All votes must be made in person at a\nmeeting and no vote may be made by proxy. 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 chair, a\nvice-chair, a treasurer and a secretary, who need not be a member of the\nauthority. Such officers shall be appointed by the governing body and\nshall serve in such capacities at the pleasure of the governing body.\nIn addition to the secretary, the governing body may appoint and at\npleasure remove such additional officers and employees as it may\ndetermine necessary for the performance of the powers and duties of the\nauthority and fix and determine their qualifications, duties and\ncompensation, subject to the provisions of the civil service law. The\ngoverning body may also from time to time contract for expert\nprofessional services. The members, officers, executive director, if\nany, comptroller, if any, and counsel, if any, shall be an exempt\nposition under any rule or classification of the civil service\ncommission. The treasurer shall execute a bond, conditioned upon the\nfaithful performance of the duties of his or her office, the amount and\nsufficiency of which shall be approved by the governing body and the\npremium 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, or\nemployee be deemed incompatible or in conflict with such office,\nmembership or employment.\n 4. (a) The county executive shall file on or before December\nthirty-first of 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: (1) the name of the authority; (2) the names of\nthe members appointed by the council, the mayor, the county executive,\nand the towns and their terms of office; and (3) 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 jointly in the city and the towns and villages in the service area\nin such a manner as prescribed by law.\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 service area 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 6. 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