NY Pub Auth L § 1199-CCCC-2 (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 8-G* - Livingston County Water and Sewer Authority 1199-CCCC*2 - Livingston County Water and Sewer Authority.

* §  1199-cccc.  Livingston  county  water  and  sewer authority. 1. A public corporation known as  the  "Livingston  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 seven members, who shall be  residents  of  the county  and  be appointed by resolution of the board of supervisors. The first members appointed shall be appointed for the following terms:  two for  a  term  ending  on December thirty-first of the year following the year in which this title shall have become law; two 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 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 officers, or in the case of the chairperson  of  the  authority,  by  the  chairman  of  the  board   of supervisors,  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 board of supervisors. 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 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.   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  board of supervisors may be appointed to serve as a member of the authority.   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 (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-cccc's