N.Y. Public Authorities Law § 1124: Town of Wilton water and sewer authority

* § 1124. Town of Wilton water and sewer authority. 1. A public

corporation to be known as the town of Wilton water and sewer 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 and be appointed by

a majority vote of the town board. The first members shall be appointed

for the following terms of office: two shall be appointed for a term

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

which this title shall have become law; two shall be appointed for a

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

year in which this title shall have become law; one shall be appointed

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 and sewer authority. In the event the town

board shall not make any appointment within twenty days of the effective

date of this title, then in such event the town supervisor shall make

the appointment. 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; and if not filled by the town board within twenty days

of such vacancy, then the vacancy shall be filled by appointment by the

town supervisor. 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 the 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.

(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. 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.

7. 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.

* NB There are 2 § 1124's