N.Y. Public Authorities Law § 1199-dd: Wayne county water and sewer authority

* § 1199-dd. Wayne county water and sewer authority. 1. A public

corporation known as the "Wayne 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 chairman 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 him

or 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 officer, 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 members and 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 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 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) 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.

* NB There are 2 § 1199-dd's