N.Y. Public Authorities Law § 1147-c: Sewer authority created

§ 1147-c. Sewer authority created. 1. A corporation known as the

Alfred, Almond, Hornellsville Sewer Authority is hereby created for the

purposes and charged with the duties and having the powers provided in

this title. The authority shall be a corporate governmental agency

constituting a public benefit corporation. The geographic boundaries of

the authority shall be all of the territory within the sewer districts

created by section eleven hundred forty-seven-b of this title. The

authority shall be governed by a board of directors consisting of eight

members, two of whom shall be appointed by the mayor of the village of

Almond, subject to the approval of the board of trustees of the village,

two of whom shall be appointed by the town board of the town of Alfred,

two of whom shall be appointed by the town board of the town of Almond

and two of whom shall be appointed by the town board of the town of

Hornellsville. One member of the authority from each town and village in

which the authority is wholly or partially located shall be an elected

member of the legislative body of such town or village and shall hold

office for a single term commencing on the date of their appointment and

expiring on the thirty-first day of December of the third year following

the first day of January after their appointment. Their successors shall

thereafter be appointed for full terms of three years. In the event any

such member ceases to hold office as elected member of the legislative

body of such town or village, such office shall become vacant and the

vacancy shall be filled in the same manner as the original appointment

for the remainder of the unexpired term. One member shall be appointed

by the mayor of Almond, subject to the approval of the board of

trustees, who shall serve a single term commencing on the date of

appointment and ending on the thirty-first day of December following the

first day of January of the second year after such appointment. His or

her successor shall be appointed for a full three year term. One member

shall be appointed by the town board of the town of Alfred for a single

term commencing on the date of the appointment and ending on the

thirty-first day of December following the first day of January of the

second year after such appointment. His or her successor shall be

appointed for a full three year term. One member shall be appointed by

the town board of the town of Almond to serve a single term commencing

on the day of appointment and ending on the thirty-first day of December

following the first day of January of the year after such appointment.

His or her successor shall be appointed for a full three year term. One

member shall be appointed by the town board of the town of Hornellsville

for a single term commencing on the date of the appointment and ending

on the thirty-first day of December following the first day of January

of the second year after such appointment. His or her successor shall be

appointed for a full three year term. Each chief executive officer shall

file with the secretary of state a certificate of appointment of any

member appointed or reappointed to the board of directors within thirty

days of the appointment or reappointment. Members of the board of

directors shall receive no compensation for their services but shall be

entitled to reimbursement of their actual and necessary expenses,

incurred in the discharge of their duties.

2. Any one or more of the members of the board of directors may be an

official or an employee of a municipality situated, wholly or partially

within the district. In the event that an official or an employee of

such municipality shall be appointed as a member of the board of

directors, acceptance or retention of such appointment shall not be

deemed a forfeiture of his or her municipal office or employment, or

incompatible therewith or effect his or her tenure or compensation in

any way.

3. No action shall be taken by the authority except pursuant to the

favorable vote of a majority of the members of the board of directors.

Six members of the board shall constitute a quorum. Notwithstanding the

presence of a quorum, no action shall be taken by the board of directors

at such meeting unless board members who were appointed by not less than

three different towns or villages wholly or partially within the bounds

of the authority are present.

4. The powers of the authority shall be vested in and shall be

exercised by the board of directors at a meeting duly called and held.

The board of directors may delegate to one or more of its members, or to

one or more of the officers, agents or employees of the authority, such

powers and duties as it may deem proper.

5. The officers of the authority shall consist of a chairperson,

treasurer, and secretary, who may, but need not be members of the board

of directors. The officers of the authority shall be appointed by the

board of directors. The board of directors may appoint and at its

pleasure remove an attorney and an engineer, which positions, in

addition to the officers above named, shall be in the exempt class of

the civil service, and such additional officers and employees as it may

require for the performance of its duties, fix and determine their

qualifications, duties, compensations and terms of office or tenure,

subject to the provisions of the civil service law and such rules as the

civil service commission may adopt and make applicable to the authority.

The authority may also from time to time contract for expert

professional services. The duties of the officers shall be as follows:

(a) Chairperson. The chairperson shall be the chief executive officer

of the authority and it shall be the responsibility of the chairperson

to:

(i) preside at all meetings of the board of directors and of the

officers;

(ii) manage the facilities, projects and construction of the authority

and to effectuate the decisions of the board of directors;

(iii) exercise supervision over the conduct of the officers and

employees of the authority;

(iv) report annually to the residents and businesses within the bounds

of the authority by publication once in a newspaper having general

circulation within the district that a report has been filed in the

office of the authority and in the offices of the clerks of the towns of

Alfred, Almond and Hornellsville and the village of Almond and is

available for public inspection; such report shall include but not be

limited to the following:

(1) a brief financial account on operations of the sewer system

including, but not limited to, sewer rates, total revenues and sources

of such revenues, operating and maintenance expenses, outstanding

indebtedness and interest on bonds and notes;

(2) the number of users of the sewer system by classification in the

event users are classified;

(3) the extensions made of the system in the previous year, if any;

(4) any actions taken to make any capital improvements to the system

including any extension of the system;

(5) the types of treatment to which the sewage is subjected before

leaving the treatment plant or plants;

(6) any compliance activities required by regulations of the

department of environmental conservation or the department of health or

any local health department and any instances of noncompliance;

(7) the present condition of the sewer system and any appurtenances

thereto and any significant actions, as determined by the authority, to

improve, extend or maintain the system;

(8) any special public services the authority provides during the

year;

(v) execute all contracts in the name of the authority;

(vi) institute, at the direction of the board of directors, all civil

actions in the name of the authority;

(vii) provide for the enforcement of all rules and regulations of the

authority and cause all violations thereof to be prosecuted;

(viii) sign orders to pay claims when authorized by the board of

directors;

(ix) sign checks in the absence or inability of the treasurer or

deputy treasurer, if any, when authorized by the board of directors; and

a certified copy of the resolution of the board of directors to that

effect shall be notice to the depository of such authorization;

(x) appoint, subject to the approval of the board of directors,

non-elected officers, counsel, accountants and other financial advisors,

engineers and other technical advisors;

(xi) employ, promote and discharge managers, supervisors and

employees; and

(xii) take all other reasonable and necessary actions to carry out his

or her office as the chief executive officer of the authority. If the

chairperson has not been appointed as a member of the board of directors

of the authority pursuant to this section, such chairperson shall be

deemed an ex officio member of the board of directors. Such status shall

not carry with it the right to vote on matters coming before the board

of directors nor shall the presence of such chairperson be counted for

the purpose of determining a quorum.

(b) Secretary. (i) The secretary shall be the recording and

corresponding officer of the authority and the custodian of the records

of the authority.

(ii) The secretary shall prepare and send required notices of all

meetings when directed to do so by the chairperson or by the written

request of four members who have specified the issues to be discussed at

the meeting.

(iii) In the absence or disability of the secretary, the chairperson

may appoint a temporary secretary.

(c) Treasurer. (i) The treasurer shall have custody of all moneys

belonging to the authority and keep accounts of all receipts and

expenditures in conformance with a uniform system of accounts formulated

and prescribed by the comptroller pursuant to section thirty-six of the

general municipal law.

(ii) 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 of directors and the

premium therefor shall be paid by the authority.

(iii) The treasurer shall deposit within ten days after receipt

thereof, in the name of the authority, in one or more banks, and/or

trust companies, designated by the board of directors, all moneys

received by him or her.

(iv) The treasurer may sign checks with the facsimile signature of the

treasurer, as reproduced by a machine or device, when approved and

authorized by the board of directors.

(v) The treasurer shall pay out moneys from the authority treasury

only as authorized by the board of directors and by law. All such

payments, except as may be authorized by the board of directors for a

petty cash account, shall be by check.

(vi) The treasurer shall issue a report on the finances of the

authority at each regular meeting of the board of directors.

(vii) The treasurer shall file in the office of the authority, within

sixty days after the end of the fiscal year, a statement showing in

detail all revenues and expenditures during the previous fiscal year and

the outstanding indebtedness of the authority as of the end of the

fiscal year. The members shall within ten days cause to be published

once in a newspaper having general circulation within the district, a

notice that the financial statement has been filed and is available for

inspection or a summary of such statement in a form approved by the

comptroller, with an endorsement thereon that details thereof are on

file in the office of the authority.

6. The officers of the authority, other than members of the board of

directors, shall receive such compensation as may be determined by the

board of directors and shall be reimbursed for all necessary and actual

expenses incurred in connection with their duties as such officers and

in connection with carrying out the purposes of this title.

7. In addition to any powers granted to it by law, the governing body

of each of the towns and of the village wholly or partially within the

bounds of the authority, from time to time, may appropriate sums of

money to defray project costs or any other costs and expenses of the

authority. Subject to the rights of bondholders, each governing body may

determine if the moneys so appropriated shall be subject to repayment by

the authority to such towns and such village, and in such event, the

manner and time for such repayment.

8. It is hereby determined and declared that the authority and the

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

the benefit of the people of the municipalities within the bounds of the

authority and state, for the improvement of their health, welfare and

prosperity and that the said purposes are a public purpose 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.

9. (a) The mayor of the village of Almond and the supervisors of the

towns of Alfred, Almond and Hornellsville shall each, pursuant to the

authority granted to them by their respective governing boards, file on

or before March thirty-first of the year following the year in which

this title shall take effect, in the office of the secretary of state, a

certificate signed by such mayor or supervisor setting forth: the name

of the authority; the names of the members of the authority appointed by

the mayor of that village or by the town board of that town; and the

effective date of the authority. The authority shall be perpetual in

duration, except that if any 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 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 authority, all facilities, rights and

property shall be disposed of as shall be agreed upon by all of the

members of the authority. In the event no such agreement can be reached,

the issue of the disposition of such facilities, rights and property

shall be submitted to arbitration in the manner provided by article

seventy-five of the civil practice law and rules.