NY Pub Auth L § 1199-DDD (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 8-F - Saratoga County Water Authority 1199-DDD - Saratoga County Water Authority.

§  1199-ddd.  Saratoga county water authority. 1. A public corporation known as the "Saratoga county water 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 the chairman of the board of supervisors and confirmed by the  board  of supervisors. At least four members shall be elected officials. The first members appointed shall be appointed for the following terms: four for a term ending on December thirty-first, nineteen hundred ninety-six; three for   a   term   ending   on  December  thirty-first,  nineteen  hundred ninety-seven. Subsequent appointments of board members shall be made  in the  same  manner,  except that at least five of the seven members shall each be a resident of a municipality with  which  the  authority  has  a service  or  distribution  contract,  each  of  the  said resident board members shall not be a resident of the same municipality  as  any  other resident  board  member  and  may  be  one or more of the aforementioned elected officials. Subsequent appointments of board members shall be for terms of two years and end, 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  officer,  or  in  the  case  of the chairperson of the authority, by the chairperson of the board of  supervisors,  the  office may  be deemed vacant for the purposes of the nomination and appointment of a successor. The members of the authority  shall  receive  no  salary from   the   authority.  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, except the power to vote upon issues as an authority member.   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  and regulations  as  the  personnel officer 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.   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 specifying which member is the chairman; 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, or 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.