N.Y. Public Authorities Law § 1123*2: Dutchess county water and wastewater authority

* § 1123. Dutchess county water and wastewater authority. 1. A public

corporation, to be known as the "Dutchess county water and wastewater

authority" is hereby created for the public purpose 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 and shall be a "public district" for purposes of section

eighty-nine-l of the public service law, the objects of which in the

judgment of the legislature cannot be attained under general laws. The

governing body of the authority shall consist of a total of five voting

members, two of whom shall be appointed by the county executive, without

confirmation of the county legislature, two of whom shall be appointed

by the chairman of the county legislature, without confirmation of the

county legislature and without county executive right to veto, and one

of whom shall be appointed jointly by the county executive and the

chairman of the county legislature, subject to confirmation by the

county legislature, and of three non-voting ex officio members, one of

whom shall be the manager of the county soil and water conservation

district, one of whom shall be the executive director of the

environmental management council and one of whom shall be the county

commissioner of planning, or their designated representatives. No voting

member shall, either at the time of his or her appointment or at any

time during which he or she shall serve as a voting member, be a member

of the county legislature, a town board, village board of trustees, city

council, common council, board of estimate and apportionment, board of

estimate and contract, or member of a body serving a similar function in

a city, or a member of a body serving a similar function of a sewer or

water district which, as of December thirty-first, nineteen hundred

thirty-eight, possessed both the power to contract indebtedness in its

own name and to levy taxes or benefit assessments upon real property or

require the levy of such taxes or benefit assessments. The election or

appointment of a voting member to any such office or membership shall

result in a vacancy in the position of such voting member effective the

date of the assumption of such office or membership. The first members

appointed by the county executive shall be appointed for the following

terms of office: one for a term ending on December thirty-first of the

second year following the year in which this title shall have become law

and one for a term ending on December thirty-first of the fifth year

following the year in which this title shall have become law. The first

members appointed by the county legislature shall have the following

terms: one for a term ending on December thirty-first of the first year

following the year in which this title shall have become law and one for

a term ending on December thirty-first of the fourth year following the

year in which this title shall have become law. The first member jointly

appointed by the county executive and the county legislature shall have

a term of office ending on December thirty-first of the third year

following the year in which this title shall have become law. Subsequent

appointments of voting members shall be made for a term of five years

ending in each case on December thirty-first of the last year of such

term. No person who has served as a voting member for two consecutive

terms shall be eligible for reappointment as a member for a third term,

except after an interval of at least two years. Any initial term or

unexpired term greater than two years shall be considered to be a five

year term. All voting members shall continue to hold office until their

successors are appointed and qualify. Vacancies shall be filed in the

manner provided for original appointment. Vacancies, occurring otherwise

than by expiration of term of office, shall be filled by appointment for

the unexpired terms. Voting 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 county. The members of the authority shall

receive no compensation for their services, but shall be reimbursed for

their actual and necessary expenses incurred in connection with the

carrying out of the purposes of this title. The powers of the authority

shall be vested in and be exercised by the governing body at a meeting

duly called and held where a quorum of three voting members are present.

No action shall be taken except pursuant to the favorable vote of at

least three voting members. The governing body may delegate to one or

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

duties as it may deem proper.

2. The officers of the authority shall consist of a chairman, who

shall be a voting member of the authority, and a vice-chairman and a

treasurer, who shall be voting members of the authority, and a

secretary, who need not be either a voting member or a non-voting member

of the authority. Such officers shall be appointed by the voting member

of the governing body and shall serve in such capacities at the pleasure

of the voting members of the governing body. In addition to the

secretary, the voting members of the governing body may appoint and at

pleasure remove such additional officers and employees as it may

determine necessary for the performance of the powers and duties of the

authority and fix and determine their qualifications, duties and

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

voting members of the governing body 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

governing body and the premium therefor shall be paid by the authority.

3. 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 of 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 and any such officer, member or

employee may accept such appointment and serve as a member, officer,

agent or employee of the authority without forfeiture of any other

office or position of public employment by reason thereof.

4. (a) The county executive shall file on or before December

thirty-first of the year in which this title shall have become a law, in

the office of the secretary of state, a certificate signed by the county

executive setting forth: (1) the name of the authority; (2) the names of

the voting members initially appointed, and their terms of office; (3)

the names of the ex officio members, and (4) 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.

(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 county.

5. 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 county 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.

* NB There are 2 § 1123's