N.Y. Public Authorities Law § 1199-c: Rensselaer county water and sewer authority

§ 1199-c. Rensselaer county water and sewer authority. 1. A public

corporation, to be known as the "Rensselaer 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 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. It shall consist of five members,

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

executive; one upon recommendation of the chairman of the county

legislature and one upon recommendation of the minority leader, no more

than three members shall be members of the same political party. 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, two for a term ending on December thirty-first of

the third year following the year in which this title shall have become

law; and two for a term ending on December thirty-first of the fourth

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

Subsequent appointments of members shall be made for a term 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 qualify. Vacancies shall be filled 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. 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

such salary as shall be determined by local law. They shall receive no

reimbursement for the ordinary expenses of attending meetings, but may

by resolution by the authority be allowed their expenses of a special or

extraordinary nature. A member may receive additional compensation to be

fixed by the county, if appointed an officer of the authority. 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

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

favorable vote of at least three 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, a

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

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

officers shall be appointed by the governing body and shall serve in

such capacities at the pleasure of the governing body. In addition to

the secretary, 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 which position

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. 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.

4. (a) The county executive 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 county executive setting forth: (1) the name of the authority; (2)

the names of the members appointed by the county executive 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 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.