N.Y. Public Authorities Law § 1199-dd*2: Orange county water authority

* § 1199-dd. Orange county water authority. 1. A public corporation,

to be known as the "Orange county water 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 and shall be a "public

district" for purposes of section eighty-nine-l of the public service

law, the objects of which in the judgment of the legislature cannot be

attained under general laws. It shall consist of seven members, who

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

executive. All members so appointed shall be subject to confirmation by

the county legislature. The first members appointed by the county

executive shall be appointed for the following terms of office: two for

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

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

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

this title shall have become law; one for a term ending on December

thirty-first, two thousand thirteen; and one for a term ending on

December thirty-first, two thousand fourteen. Subsequent appointments of

members shall be made for a term of two 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 no compensation for

their services, but shall be reimbursed for all their actual and

necessary expenses incurred in connection with the carrying out of the

purposes of this title. 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 four members are present. No action shall be taken

except pursuant to the favorable vote of at least four 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, 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 be determined necessary for

the performance of the powers and duties of the authority 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,

agency or employee be deemed incompatible or in conflict with such

office, membership or employment.

4. (a) The county executive shall file on or before December

thirty-first in 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: (i) the name of the authority; (ii) the names

of the members appointed by the county executive and confirmed by the

county legislature 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.

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.

* NB There are 2 § 1199-dd's