NY Pub Auth L § 1199-C (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 8-D - Rensselaer County Water and Sewer Authority 1199-C - Rensselaer County Water and Sewer Authority.

§  1199-c.  Rensselaer  county  water and sewer authority. 1. A public corporation, to be known as  the  "Rensselaer  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  body  corporate  and politic constituting a public benefit corporation, the objects of which in the  judgment  of  the  legislature cannot be attained under general laws. It shall consist of five members, who  shall  be  residents  of  the county and be appointed by the county executive; one  upon  recommendation  of  the  chairman  of  the  county legislature  and one upon recommendation of the minority leader, no more than three members shall be members of the  same  political  party.  The first  members  appointed by the county executive shall be appointed for the following terms of  office:  one  for  a  term  ending  on  December thirty-first  of  the second year following the year in which this title shall have become law, two for a term ending on December thirty-first of the third year following the year in which this title shall have  become law;  and  two  for a term ending on December thirty-first of the fourth 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 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 such  salary  as shall be determined by local law. They shall receive no reimbursement for the ordinary expenses of attending meetings,  but  may by resolution by the authority be allowed their expenses of a special or extraordinary nature. A member may receive additional compensation to be fixed  by  the  county,  if  appointed  an officer of the authority. 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  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,  a 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 determine necessary for the performance of the powers and duties of the authority which position shall be in the exempt class of civil service,  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, agent  or  employee  be  deemed  incompatible  or  in conflict with such office, membership or employment.   4. (a) The county executive shall file on or before March thirty-first of  the  year following 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  county  executive  and  their terms of office; and (3) the effective date of this title. The authority shall  be  perpetual in duration, except that 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.   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.