N.Y. Public Authorities Law § 1226-c: Upper Mohawk valley regional water finance authority

§ 1226-c. Upper Mohawk valley regional water finance authority. 1. A

public corporation to be known as the "upper Mohawk valley regional

water finance 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. The governing body of the authority shall

consist of a total of five members, to be appointed and to serve as

follows: one member, who shall be a resident of the city, shall be

appointed by the council; one member, who shall be a resident of the

city, shall be appointed by the mayor; one member shall be appointed by

the county executive, which initially appointed member shall be a

resident of the city and which subsequently appointed member's residence

shall alternate between such member's being a resident of the service

area outside of the city and a resident of the city; and two members

shall be residents of the service area outside of the city and shall be

appointed by the towns and villages within, either wholly or partly, the

service area in accordance with the following procedure: one member

shall be appointed by the town board of the town of New Hartford and

alternately by the town board of the town of Whitestown. The first such

member shall be appointed by the town board of the town of New Hartford.

Following the expiration of that member's term, each subsequent member

shall be appointed alternately by the town board of the town of

Whitestown and then by the town board of the town of New Hartford; and

one member shall be appointed by a majority vote of representatives in

attendance at a meeting called for such purpose from the towns of

Deerfield, Frankfort, Kirkland, Marcy, Trenton and Schuyler. For

purposes of such vote, each such town shall appoint one representative

to cast the vote for such town for such purpose. For purposes of

appointment by such towns, such towns are hereby authorized to meet at

such times and locations as a majority of such towns shall determine to

appoint such members. No appointment made by the mayor shall be subject

to confirmation by the council. No appointment made by the county

executive shall be subject to confirmation by the county legislature. No

appointment by the council shall be subject to approval or veto by the

mayor. Failure by any party to appoint any member shall not invalidate

the creation or establishment of the authority and shall result in the

creation of a vacancy on the governing body of the authority which may

be filled at any time by such party. The first member appointed by the

council shall be appointed for a term of office ending on December

thirty-first of the third year following the year in which this title

shall have become law. The first member appointed by the mayor shall be

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

following the year in which this title shall have become law. The first

member appointed by the county executive shall be appointed for a term

ending on December thirty-first of the second year following the year in

which this title shall have become law. The first member appointed by

the towns of New Hartford, Marcy and Whitestown shall be appointed for a

term of office ending on December thirty-first of the third year

following the year in which this title shall have become law. The first

member appointed by the other towns shall be appointed for a term ending

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

this title shall have become law. Subsequent appointments of members

shall be made for a term 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 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 by the party which appointed such

member for inefficiency, neglect of duty or misconduct in office;

provided, however, that such member shall be given a copy of the charges

against him or her and an opportunity of being heard in person, or by

counsel, in his or her defense upon not less than ten days notice. Any

member required to be a resident of a specified area shall forfeit his

or her membership on the governing body upon such member's termination

of residence in such area, which forfeiture shall create a vacancy. The

members of the authority shall receive no compensation for their

services but shall be reimbursed for their actual and necessary expenses

incurred in connection with the carrying out of the purposes of this

title; provided, however, that no member shall be reimbursed for any

expense exceeding one thousand dollars incurred with respect to any

individual purpose unless the governing body at a meeting duly called

and held when a quorum of three members are present shall have

authorized the incurrence of such expense by such member. 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 three members are

present. No action shall be taken except pursuant to the favorable vote

of at least three voting members. All votes must be made in person at a

meeting and no vote may be made by proxy. 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 chair, a

vice-chair, a treasurer 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

determine 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 members, officers, executive director, if

any, comptroller, if any, and counsel, if any, shall be an exempt

position under any rule or classification of the civil service

commission. 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, 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 of 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: (1) the name of the authority; (2) the names of

the members appointed by the council, the mayor, the county executive,

and the towns and their terms of office; and (3) 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 jointly in the city and the towns and villages in the service area

in such a manner as prescribed by law.

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 service area 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.

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

any way in connection with the operations or obligations of the

authority.