N.Y. Public Authorities Law § 1149-c: Seneca county water and sewer authority

§ 1149-c. Seneca county water and sewer authority. 1. A public

corporation known as the "Seneca county 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 corporate governmental agency constituting a

public benefit corporation and shall be a "public district" for the

purposes of section eighty-nine-l of the public service law. The

authority shall be governed by a board consisting of nine members, who

shall be residents of the county and be appointed by the chairperson of

the board of supervisors and confirmed by the board of supervisors.

The first members appointed shall be appointed for the following

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

following the year in which this title shall have become law; three for

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

year in which this title shall have become law; and three for a term

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

which this title shall have become law.

Subsequent appointment of members shall be made in the same manner and

for terms of three 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 have qualified.

Vacancies shall be filled in the manner provided for original

appointment. Vacancies occurring otherwise than by expiration of terms

of office, shall be filled by appointment 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

county. In addition, members may be removed from office by the board of

supervisors for inefficiency, neglect of duty or misconduct in office,

after the board of supervisors has given such member a copy of the

charges against such member and opportunity to be heard in person or by

counsel in such member's defense, upon not less than ten days notice.

If a member fails to attend three consecutive regular meetings of the

authority, unless such absence is for good cause and is excused by the

chairperson of the authority or other presiding officers, or in the case

of the chairperson of the authority, by the chairperson of the board of

supervisors, the office may be deemed vacant for purposes of the

nomination and appointment of a successor.

The officers of the authority shall receive from the authority such

salary, if any, as shall be determined from time to time by the board of

supervisors. In addition, members and officers shall be entitled to

reimbursement of their actual and necessary expenses, including travel

expenses, incurred in the discharge of their duties.

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

exercised by the board at a meeting duly called and held where a quorum

of five members is present. No action shall be taken by the authority

except pursuant to the favorable vote of at least five members. The

board 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.

3. The officers of the authority shall consist of a chairperson, vice

chairperson, and treasurer who shall be members of the board and a

secretary who need not be a member of the board. The officers of the

authority shall be appointed by the board and shall serve in such

capacities at the pleasure of the board.

In addition, the board may appoint and at its pleasure remove such

additional officers and employees as it may determine necessary for the

performance of the powers and duties of the authority, which positions

shall be in the exempt class of the civil service, and fix and determine

the qualifications, duties and compensation of such additional officers

and employees, 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 authority 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 such treasurer's 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 such officer, member or employee's office or

employment by reason of such officer, member or employee's 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 one or more members of the board of supervisors may be appointed to

serve as a member of the authority.

5. (a) The chairperson of the board of supervisors shall file within

one year after the effective date of this title, in the office of the

secretary of state, a certificate signed by the chairperson of the board

of supervisors setting forth: (i) the name of the authority; (ii) the

names of the initial members of the board and their terms of office; and

(iii) the effective date of this title. 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) 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.

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 of any

power over the regulation 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, purposes 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.