NY Pub Auth L § 1147-C (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 6-D - Alfred, Almond, Hornellsville Sewer Authority 1147-C - Sewer Authority Created.

§  1147-c.  Sewer  authority  created.  1.  A corporation known as the Alfred, Almond, Hornellsville Sewer Authority is hereby created for  the 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. The geographic boundaries of the authority shall be all of the territory within the  sewer  districts created  by  section  eleven  hundred forty-seven-b of this title.   The authority shall be governed by a board of directors consisting of  eight members,  two  of whom shall be appointed by the mayor of the village of Almond, subject to the approval of the board of trustees of the village, two of whom shall be appointed by the town board of the town of  Alfred, two  of  whom shall be appointed by the town board of the town of Almond and two of whom shall be appointed by the town  board  of  the  town  of Hornellsville. One member of the authority from each town and village in which  the  authority is wholly or partially located shall be an elected member of the legislative body of such town or village  and  shall  hold office for a single term commencing on the date of their appointment and expiring on the thirty-first day of December of the third year following the first day of January after their appointment. Their successors shall thereafter  be appointed for full terms of three years. In the event any such member ceases to hold office as elected member of  the  legislative body  of  such  town or village, such office shall become vacant and the vacancy shall be filled in the same manner as the  original  appointment for  the remainder of the unexpired term.  One member shall be appointed by the mayor of  Almond,  subject  to  the  approval  of  the  board  of trustees,  who  shall  serve  a  single  term  commencing on the date of appointment and ending on the thirty-first day of December following the first day of January of the second year after such appointment.  His  or her  successor shall be appointed for a full three year term. One member shall be appointed by the town board of the town of Alfred for a  single term  commencing  on  the  date  of  the  appointment  and ending on the thirty-first day of December following the first day of January  of  the second  year  after  such  appointment.  His  or  her successor shall be appointed for a full three year term. One member shall be  appointed  by the  town  board of the town of Almond to serve a single term commencing on the day of appointment and ending on the thirty-first day of December following the first day of January of the year after  such  appointment. His  or her successor shall be appointed for a full three year term. One member shall be appointed by the town board of the town of Hornellsville for a single term commencing on the date of the appointment  and  ending on  the  thirty-first day of December following the first day of January of the second year after such appointment. His or her successor shall be appointed for a full three year term. Each chief executive officer shall file with the secretary of state a certificate  of  appointment  of  any member  appointed or reappointed to the board of directors within thirty days of the appointment  or  reappointment.  Members  of  the  board  of directors  shall receive no compensation for their services but shall be entitled to  reimbursement  of  their  actual  and  necessary  expenses, incurred in the discharge of their duties.   2.  Any one or more of the members of the board of directors may be an official or an employee of a municipality situated, wholly or  partially within  the  district.  In  the event that an official or an employee of such municipality shall be  appointed  as  a  member  of  the  board  of directors,  acceptance  or  retention  of  such appointment shall not be deemed a forfeiture of his or her municipal  office  or  employment,  or incompatible  therewith  or  effect his or her tenure or compensation in any way.    3. No action shall be taken by the authority except  pursuant  to  the favorable  vote  of a majority of the members of the board of directors. Six members of the board shall constitute a quorum.  Notwithstanding the presence of a quorum, no action shall be taken by the board of directors at such meeting unless board members who were appointed by not less than three  different towns or villages wholly or partially within the bounds of the authority are present.   4. The powers of the  authority  shall  be  vested  in  and  shall  be exercised  by  the board of directors at a meeting duly called and held. The board of directors 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.   5.  The  officers  of  the  authority  shall consist of a chairperson, treasurer, and secretary, who may, but need not be members of the  board of  directors.  The  officers of the authority shall be appointed by the board of directors. The board  of  directors  may  appoint  and  at  its pleasure  remove  an  attorney  and  an  engineer,  which  positions, in addition to the officers above named, shall be in the  exempt  class  of the  civil service, and such additional officers and employees as it may require for the performance of  its  duties,  fix  and  determine  their qualifications,  duties,  compensations  and  terms of office or tenure, subject to the provisions of the civil service law 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 duties of the officers shall be as follows:  (a)  Chairperson. The chairperson shall be the chief executive officer of the authority and it shall be the responsibility of  the  chairperson to:  (i)  preside  at  all  meetings  of  the board of directors and of the officers;  (ii) manage the facilities, projects and construction of the authority and to effectuate the decisions of the board of directors;  (iii) exercise supervision  over  the  conduct  of  the  officers  and employees of the authority;  (iv) report annually to the residents and businesses within the bounds of  the  authority  by  publication  once  in a newspaper having general circulation within the district that a report  has  been  filed  in  the office of the authority and in the offices of the clerks of the towns of Alfred,  Almond  and  Hornellsville  and  the  village  of Almond and is available for public inspection; such report shall include  but  not  be limited to the following:  (1)  a  brief  financial  account  on  operations  of the sewer system including, but not limited to, sewer rates, total revenues  and  sources of  such  revenues,  operating  and  maintenance  expenses,  outstanding indebtedness and interest on bonds and notes;  (2) the number of users of the sewer system by classification  in  the event users are classified;  (3) the extensions made of the system in the previous year, if any;  (4)  any  actions taken to make any capital improvements to the system including any extension of the system;  (5) the types of treatment to which the  sewage  is  subjected  before leaving the treatment plant or plants;  (6)   any   compliance  activities  required  by  regulations  of  the department of environmental conservation or the department of health  or any local health department and any instances of noncompliance;  (7)  the  present  condition of the sewer system and any appurtenances thereto and any significant actions, as determined by the authority,  to improve, extend or maintain the system;  (8)  any  special  public  services  the authority provides during the year;  (v) execute all contracts in the name of the authority;  (vi)  institute, at the direction of the board of directors, all civil actions in the name of the authority;  (vii) provide for the enforcement of all rules and regulations of  the authority and cause all violations thereof to be prosecuted;  (viii)  sign  orders  to  pay  claims  when authorized by the board of directors;  (ix) sign checks in the absence  or  inability  of  the  treasurer  or deputy treasurer, if any, when authorized by the board of directors; and a  certified  copy  of  the resolution of the board of directors to that effect shall be notice to the depository of such authorization;  (x) appoint, subject to  the  approval  of  the  board  of  directors, non-elected officers, counsel, accountants and other financial advisors, engineers and other technical advisors;  (xi)   employ,   promote   and  discharge  managers,  supervisors  and employees; and  (xii) take all other reasonable and necessary actions to carry out his or her office as the chief executive officer of the  authority.  If  the chairperson has not been appointed as a member of the board of directors of  the  authority  pursuant  to this section, such chairperson shall be deemed an ex officio member of the board of directors. Such status shall not carry with it the right to vote on matters coming before  the  board of  directors  nor shall the presence of such chairperson be counted for the purpose of determining a quorum.  (b)  Secretary.  (i)  The  secretary  shall  be  the   recording   and corresponding  officer of the authority and the custodian of the records of the authority.  (ii) The secretary shall prepare and  send  required  notices  of  all meetings  when  directed  to  do so by the chairperson or by the written request of four members who have specified the issues to be discussed at the meeting.  (iii) In the absence or disability of the secretary,  the  chairperson may appoint a temporary secretary.  (c)  Treasurer.  (i)  The  treasurer  shall have custody of all moneys belonging to the  authority  and  keep  accounts  of  all  receipts  and expenditures in conformance with a uniform system of accounts formulated and  prescribed by the comptroller pursuant to section thirty-six of the general municipal law.  (ii) 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 of directors and the premium therefor shall be paid by the authority.  (iii)  The  treasurer  shall  deposit  within  ten  days after receipt thereof, in the name of the authority, in  one  or  more  banks,  and/or trust  companies,  designated  by  the  board  of  directors, all moneys received by him or her.  (iv) The treasurer may sign checks with the facsimile signature of the treasurer, as reproduced by a  machine  or  device,  when  approved  and authorized by the board of directors.  (v)  The  treasurer  shall  pay out moneys from the authority treasury only as authorized by the board  of  directors  and  by  law.  All  such payments,  except  as  may be authorized by the board of directors for a petty cash account, shall be by check.  (vi) The treasurer shall  issue  a  report  on  the  finances  of  the authority at each regular meeting of the board of directors.  (vii)  The treasurer shall file in the office of the authority, within sixty days after the end of the fiscal  year,  a  statement  showing  in detail all revenues and expenditures during the previous fiscal year and the  outstanding  indebtedness  of  the  authority  as of the end of the fiscal  year.  The  members  shall within ten days cause to be published once in a newspaper having general circulation within  the  district,  a notice  that the financial statement has been filed and is available for inspection or a summary of such statement in  a  form  approved  by  the comptroller,  with  an  endorsement  thereon that details thereof are on file in the office of the authority.   6. The officers of the authority, other than members of the  board  of directors,  shall  receive such compensation as may be determined by the board of directors and shall be reimbursed for all necessary and  actual expenses  incurred  in connection with their duties as such officers and in connection with carrying out the purposes of this title.   7. In addition to any powers granted to it by law, the governing  body of  each  of the towns and of the village wholly or partially within the bounds of the authority, from time to  time,  may  appropriate  sums  of money  to  defray  project  costs or any other costs and expenses of the authority. Subject to the rights of bondholders, each governing body may determine if the moneys so appropriated shall be subject to repayment by the authority to such towns and such village, and  in  such  event,  the manner and time for such repayment.   8.  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 municipalities within the bounds of the authority  and  state,  for the improvement of their health, welfare and prosperity and that the said purposes are a public purpose 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.   9. (a) The mayor of the village of Almond and the supervisors  of  the towns  of  Alfred,  Almond and Hornellsville shall each, pursuant to the authority granted to them by their respective governing boards, file  on or  before  March  thirty-first  of the year following the year in which this title shall take effect, in the office of the secretary of state, a certificate signed by such mayor or supervisor setting forth:  the  name of the authority; the names of the members of the authority appointed by the  mayor  of  that  village or by the town board of that town; and the effective date of the authority. The authority  shall  be  perpetual  in duration,  except  that  if  any  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 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 authority, all facilities, rights and property shall be disposed of as shall be agreed  upon  by  all  of  the members of the authority. In the event no such agreement can be reached, the  issue  of  the  disposition of such facilities, rights and property shall be submitted to arbitration in  the  manner  provided  by  article seventy-five of the civil practice law and rules.