N.Y. Public Authorities Law § 1199-dddd: Cayuga county water and sewer authority

* § 1199-dddd. Cayuga county water and sewer authority. 1. A public

corporation known as the "Cayuga 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 majority of the county legislature and

confirmed by the county legislature. 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 county legislature for

inefficiency, neglect of duty or misconduct in office, after the county

legislature 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

majority leader of the county legislature, 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 county

legislature. 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 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 county

legislature may be appointed to serve as a member of the authority.

5. (a) The majority leader of the county legislature 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 majority leader of the

county legislature 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-dddd's