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

* §  1199-dd.  Wayne  county  water  and  sewer authority. 1. A public corporation known as the "Wayne 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 chairman of the board of supervisors  and confirmed by the board of supervisors. 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  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 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 chairman of the board of supervisors, the  office  may be  deemed  vacant  for  purposes of the nomination and appointment of a successor. The members and 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  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 pleasure remove such additional officers and employees as it may determine necessary for the performance of the powers and  duties of  the  authority,  which positions shall be in the exempt class of the civil service, 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)  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.   * NB There are 2 § 1199-dd's