N.Y. Public Authorities Law § 1199-ddd: Saratoga county water authority

§ 1199-ddd. Saratoga county water authority. 1. A public corporation

known as the "Saratoga 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 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

the chairman of the board of supervisors and confirmed by the board of

supervisors. At least four members shall be elected officials. The first

members appointed shall be appointed for the following terms: four for a

term ending on December thirty-first, nineteen hundred ninety-six; three

for a term ending on December thirty-first, nineteen hundred

ninety-seven. Subsequent appointments of board members shall be made in

the same manner, except that at least five of the seven members shall

each be a resident of a municipality with which the authority has a

service or distribution contract, each of the said resident board

members shall not be a resident of the same municipality as any other

resident board member and may be one or more of the aforementioned

elected officials. Subsequent appointments of board members shall be for

terms of two years and end, 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 officer, 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 the purposes of the nomination and appointment

of a successor. The members of the authority shall receive no salary

from the authority. 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, except the power to vote upon issues as an

authority member.

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 and

regulations as the personnel officer 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.

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

specifying which member is the chairman; 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, or 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.