N.Y. Public Authorities Law § 1120-c: Clifton Park water authority

§ 1120-c. Clifton Park water authority. 1. A public corporation to be

known as the Clifton Park water authority, is hereby created for the

public purposes and charged with the duties and having the powers

provided in this title. The authority shall be a body corporate and

politic constituting a public benefit corporation, the objects of which

in the judgment of the legislature cannot be attained under general

laws. The authority shall be governed by a board of five members, who

shall be residents of the town of Clifton Park and be appointed by the

Clifton Park town board. The first members shall be appointed for the

following terms of office: the two most junior council members on the

town board shall each appoint one member for a term ending on December

thirty-first of the third year following the year in which this title

shall have become law; the other two council members on the town board

shall each appoint one member for a term ending on December thirty-first

of the fourth year following the year in which this title shall have

become law; and the town supervisor shall appoint a member for a term

ending on December thirty-first of the fifth year following the year in

which this title shall have become law. No elected officials shall be

members of the water authority. Subsequent appointments of members shall

be made by a vote of the majority of the members of the town board for a

term of five years ending in each case on December thirty-first of the

last year of such term. All members shall continue to hold office until

their successors are appointed and qualify. In no event shall more than

three members belong to the same political party. Vacancies shall be

filled in the manner provided for subsequent appointments. Vacancies,

occurring otherwise than by expiration of term of office, shall be

filled for the unexpired terms. Members may be removed from office for

the same reasons and in the same manner as may be provided by law for

the removal of officers of the town. They shall receive no reimbursement

for the ordinary expenses of attending meetings, but may by resolution

of the authority be allowed their expenses of a special or extraordinary

nature.

2. The powers of the authority shall be vested in and be exercised by

the board at a meeting duly called and held where a quorum of three

members are present. No action shall be taken except pursuant to the

favorable vote of at least three members. The board may delegate to one

or more of its members, officers, agents or employees such powers and

duties as it may deem proper.

3. The officers of the authority shall consist of a chairman,

vice-chairman and a treasurer, who shall be members of the authority,

and a secretary, who need not be a member of the authority. The chairman

shall be appointed by the town supervisor for a one year term coinciding

with the calendar year and the remaining officers shall be appointed by

the chairman and shall act in such capacities at the pleasure of the

chairman. The chairman may be appointed to subsequent terms without

limitations. In addition to the secretary, the board may appoint and at

pleasure remove such additional officers and employees as it may

determine necessary or desirable for the performance of the powers and

duties of the authority which positions shall be in exempt class of

civil service, and fix and determine their qualifications, duties and

compensation, subject to the provisions of the civil service law of the

state and such rules as the civil service commission may adopt and make

applicable to the authority. The board may also from time to time

contract for expert professional services. The treasurer shall execute a

bond, conditioned upon the faithful performance of the duties of his or

her office, the amount and sufficiency of which shall be approved by the

board and the premium therefor shall be paid by the authority.

4. Notwithstanding any inconsistent provision of any general, special

or local law, ordinance, resolution or charter, no officer, member or

employee of the state, any municipality, or any public benefit

corporation, shall forfeit his or her office or employment by reason of

his or her acceptance or appointment as a member, officer, agent or

employee of the authority, nor shall service as such member, officer,

agent or employee be deemed incompatible or in conflict with such

office, membership or employment; provided, however, that no elected

official shall be a member of the authority.

5. (a) The town supervisor shall file on or before March thirty-first

of the year following the year in which this title shall have become a

law, in the office of the secretary of state, a certificate signed by

the town supervisor setting forth:

(1) the name of the authority;

(2) the names of the members appointed by the town board and their

terms of office; and

(3) the effective date of this title. The authority shall be perpetual

in duration, except that if such certificate is not filed with the

secretary of state on or before such date, then the corporate existence

of the authority shall thereupon terminate and it shall thereupon be

deemed to be and shall be dissolved. The town supervisor may file in the

office of the secretary of state an amended certificate signed by him or

her setting forth any change in the name of the authority. The failure

of the town supervisor to file an amended certificate shall not in any

way affect the corporate existence of the authority.

(b) Except as provided in paragraph (a) of this subdivision, the

authority and its corporate existence shall continue until terminated by

law, provided, however, that no such law shall take effect so long as

the authority shall have bonds or other obligations outstanding unless

adequate provision has been made for the payment or satisfaction

thereof. Upon termination of the existence of the authority, all of the

rights and properties of the authority then remaining shall pass to and

vest in the town.

6. Neither the public service commission nor any other board or

commission of like character, shall have jurisdiction over the authority

in the management and control of its properties or operations or any

power over the regulations of rates fixed or charges collected by the

authority.

7. It is hereby determined and declared, that the authority and the

carrying out of its powers and duties are in all respects for the

benefit of the people of the town and the state for the improvement of

their health, welfare and prosperity and that such purposes are public

purposes and that the authority is and will be performing an essential

governmental function in the exercise of the powers conferred upon it by

this title.

8. In carrying out its functions the authority shall take into

consideration the local zoning and planning regulations as well as local

comprehensive land use plans.