§ 1232-C — Nassau county sewer and storm water finance authority

New York § 1232-C

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 10-D: Nassau County Sewer and Storm Water Finance Authority
• Art. 5: Public Utility Authorities

Text

§ 1232-c. Nassau county sewer and storm water finance authority. 1. A\npublic benefit corporation, to be known as the "Nassau county sewer and\nstorm water finance authority" is hereby created for the public\npurposes, charged with the duties and having the powers provided in this\ntitle. The authority shall be a "covered organization", as such term is\ndefined pursuant to the Nassau county interim finance authority act in\nsubdivision ten of section thirty-six hundred fifty-one of this chapter,\nand shall maintain itself as a publicly rated investment grade entity.\nThe authority shall be a body corporate and politic constituting a\npublic benefit corporation, the objects of which in the judgment of the\nlegislature cannot be attained under general laws. The authority's\ngoverning body shall consist of seven members who shall be residents of\nthe county, and be appointed by the county executive and confirmed by\nthe county legislature; one upon the recommendation of the county\ncomptroller, two upon recommendation of the presiding officer of the\ncounty legislature and two upon recommendation of the minority leader of\nthe county legislature. No more than four members shall be members of\nthe same political party. 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, two thousand five, three for a\nterm ending on December thirty-first, two thousand six and two for a\nterm ending on December thirty-first, two thousand seven. Subsequent\nappointments of members shall be made for a term of three years ending\nin each case on December thirty-first of the last year of such term. All\nmembers shall continue to hold office until their successors are\nappointed and qualify, provided that any member who is a county employee\nshall cease to hold office upon termination of his or her status as a\ncounty employee. Vacancies shall be filled in the same manner provided\nfor original appointment. Vacancies, occurring otherwise than by\nexpiration of term of office, shall be filled by appointment for the\nunexpired terms. The governing body shall appoint a chairperson, a vice\nchairperson and a treasurer from their own members and a secretary who\nneed not be a member. Members may be removed from office for the same\nreasons and in the same manner as may be provided by law for the removal\nof officers of the county. In addition, a member may be removed from\noffice for inefficiency, neglect of duty or misconduct in office, after\nthe governing body has given such member a copy of the charges against\nhim or her and opportunity to be heard in person or by counsel in his or\nher defense, upon not less than ten days notice. If a member fails to\nattend three consecutive regular meetings of the authority, unless such\nabsence is for good cause and is excused by the chairperson of the\nauthority or, in the case of the chairperson of the authority, by the\nchairperson of the county legislature, the office may be deemed vacant\nfor purposes of nomination and appointment of a successor. Members shall\nserve without compensation, but each member shall be entitled to\nreimbursement of their actual and necessary expenses, including travel\nexpenses, incurred in the discharge of their duties, provided that the\naggregate of such reimbursement allowance to any one member of the\nauthority in any one fiscal year of the authority shall not exceed the\nsum of five thousand dollars; provided, however, that the authority\nshall adopt by-laws regarding the approval of such reimbursement of\ntheir actual and necessary expenses that specifically include a\nprocedure for prior approval of such expenses by a majority vote of the\nauthority.\n 2. The powers of the authority shall be vested in and be exercised by\nthe governing body at a meeting duly called and held where a quorum of\nfour members is present. No action shall be taken except pursuant to the\nfavorable vote of at least four members; provided, however, that no\naction shall be taken approving borrowing and contracts in an amount\nexceeding fifty thousand dollars, except by favorable vote of five\nmembers of the governing body. The governing body may delegate to one or\nmore of its members or officers such powers and duties as it may deem\nproper.\n 3. The officers of the authority, consisting of the chairperson, the\nvice chairperson, the treasurer and the secretary shall serve in such\ncapacities at the pleasure of the governing body without compensation,\nbut each such officer shall be reimbursed for actual and necessary\nexpenses incurred in the performance of such officer's official duties\nas officers of the authority. The governing body may also from time to\ntime contract for expert professional services. The treasurer shall\nexecute a bond, conditioned upon the faithful performance of the duties\nof his or her office, the amount and sufficiency of which shall be\napproved by the governing body and the premium therefore shall be paid\nby 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 or officer of the\nauthority, nor shall service as such member or officer be deemed\nincompatible or in conflict with such office, membership or employment,\nprovided, that such officer serves in an unpaid capacity.\n 5. The authority shall hire no employees.\n 6. (a) The county executive shall file on or before March thirty-first\nof the year following the year in which this title shall have become a\nlaw, in the office of the secretary of state, a certificate signed by\nthe county executive setting forth: (1) the name of the authority; (2)\nthe names of the members appointed by the county executive and their\nterms of office; and (3) the effective date of this title. If such\ncertificate is not filed with the secretary of state on or before such\ndate, then the corporate existence of the authority shall thereupon\nterminate, and it shall thereupon be deemed to be and shall be\ndissolved.\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, properties, responsibilities and liabilities of the authority\nthen remaining shall pass to and vest in the county.\n 7. Nothing herein shall be construed to exempt the authority from the\nrequirements set forth in the environmental conservation law and the\nregulations promulgated thereunder implementing the provisions of the\nstate environmental quality review act.\n 8. 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 9. 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