N.Y. Public Authorities Law § 1199-cccc*2: Livingston county water and sewer authority

* § 1199-cccc. Livingston county water and sewer authority. 1. A

public corporation known as the "Livingston 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 seven members, who shall be residents of the

county and be appointed by resolution of the board of supervisors. The

first members appointed shall be appointed for the following terms: two

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

year in which this title shall have become law; two 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 him and opportunity to be heard in person or by

counsel in his 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 chairman 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 four members is present. No action shall be taken by the authority

except pursuant to the favorable vote of at least four 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 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 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 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 chairman 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 chairman 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) 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.

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.

8. Nothing in this title shall be construed to obligate the state in

any way in connection with the operations or obligations of the

authority.

* NB There are 2 § 1199-cccc's