NY Pub Auth L § 1198-D (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 8-C - Water Authority of Western Nassau County 1198-D - Water Authority of Western Nassau County.

§  1198-d.  Water authority of Western Nassau county. 1. A corporation known as "water authority of Western Nassau county"  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 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 of directors consisting of nine members, two of whom shall be appointed by  the  town board of the town of Hempstead and one of whom shall be appointed by the town board of the town of North Hempstead in the same manner as officers and  employees  are appointed pursuant to paragraph a of subdivision one of section twenty of the town law. The village boards of the villages of Bellrose, Floral Park, Garden City, New Hyde Park, South Floral Park and Stewart Manor shall each appoint  one  member  in  the  same  manner  as officers are appointed pursuant to subdivision three of section 3-301 of the  village  law.  Each  member  shall serve for a period of two years. Members shall receive no compensation for their services  but  shall  be entitled   to  reimbursement  of  their  necessary  expenses,  including traveling expenses, incurred in the discharge of their  duties.  Nothing herein  shall  be construed as preventing a chief executive officer of a town from being appointed as a member of the board of directors.   2. Any one or more of the members of the board of directors may be  an official  or an employee of a municipality situated 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  affect 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  not  less  than  fifty-one  percent  of  the  total authorized  voting  strength  of  the  board  of  directors.  The  total authorized voting strength of the board of directors shall be  equal  to 100.0.  (a) The number of weighted votes possessed by each member of the board of  directors shall be determined in accordance with paragraphs (c), (d) and (e) of this subdivision.  (b) No action shall be taken by the authority except pursuant  to  the favorable  vote  of  at  least:  (i)  fifty-one  percent  of  the  total authorized voting strength of the board  of  directors;  and  (ii)  five members of the board of directors.  (c)  The  vote of each member shall be equal to one hundred multiplied by a fraction, the numerator of which shall be equal to  the  number  of customers to whom water is supplied by the authority or any other public water  supplier in the municipality from which such member was appointed and the denominator of which shall be equal to the number  of  customers to  whom  water  is  supplied by the authority or any other public water supplier in all of the municipalities  within  the  district.  Provided, however,  in  the case of the two members appointed by the town board of the town of Hempstead, the vote of each member shall be equal  to  fifty multiplied by such fraction.  (d)  Based  upon  the  water supplied to the municipalities within the district in the year nineteen hundred ninety-two, the  voting  shall  be weighted as follows:  MEMBER APPOINTED BY THE TOWN OR             AUTHORIZED NUMBER OF     VILLAGE BOARD OF THE:                         VOTES:   Town of Hempstead (1 member)                     26.6   Town of Hempstead (1 member)                     26.6  Village of Floral Park                           14.6  Village of New Hyde Park                         10.5  Town of North Hempstead                          15.1  Village of Stewart Manor                          2.4  Village of Bellrose                               1.5  Village of South Floral Park                      1.4  Village of Garden City                            1.3                                                  -----                                           Total  100.0  (e)   Commencing   on   the  first  day  of  April,  nineteen  hundred ninety-three and every four years thereafter, the authorized  number  of votes  of  each  member shall be adjusted in accordance with the formula set forth in paragraph (c) of this  subdivision  to  reflect  the  total number  of  customers  to whom water is supplied by the authority or any other public water supplier in each  municipality  within  the  district during  the  two  calendar years immediately preceding the date on which the adjustment is being made.  (f) Any person serving on the board of directors as  of  April  first, nineteen   hundred   ninety-two   may  be  appointed  to  represent  any municipality pursuant to the  provisions  of  subdivision  one  of  this section.  Provided, however, that the two-year term of such person shall be considered to have started  on  the  date  of  his  or  her  original appointment and will expire two years from the date of such appointment.   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. Six  members  of  the board of directors, who together are authorized to cast a majority of the weighted vote, shall  constitute  a  quorum.  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 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  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  water  facility,  the transmission facility and the distribution system 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  each  customer,  either  by  mail  or   by publication  once  in  a newspaper having general circulation within the  district; such report shall include but not be limited to the  following information:  (1)  a  brief  financial  account  on  operations  of the water system including, but not limited to, water rates,  total  revenues,  operating and maintenance expense, and interest on bonds and notes;  (2) the population served by the authority;  (3)  the number of wells, towers and other storage facilities operated by the authority;  (4) the total pumpage of groundwater  including  the  amount  received through  interdistrict  interconnections  and  the estimated amount lost from the system;  (5) the single highest level from each well of each synthetic  organic chemical,  nitrate  and chloride constituent tested for by the authority at any time during the year which exceeds the  applicable  county  water quality  standard  or guideline, that standard or guideline, the site of each well at which each reported constituent was found, and the date  on which each reported constituent was analyzed;  (6)  the  highest  level  from  each  well  of  each synthetic organic chemical, nitrate and chloride constituent tested for by  the  authority at  any time during the year which does not exceed the applicable county water standard or guideline, but which contains  a  level  equal  to  or greater  than  two-thirds  of  the  amount  permitted before exceeding a standard or guideline, that standard or guideline, the site of each well at which each reported constituent was found and the date on which  each reported constituent was analyzed;  (7)  once  every  five  years,  the  highest  level of any constituent discovered within the distribution system which contains a  level  equal to or greater than two-thirds of the amount permitted before exceeding a standard  or  guideline,  that  standard or guideline, and the resulting action taken by the authority;  (8) any well restricted, removed from service or otherwise limited  in its use and the cause for such action;  (9) any actions taken to secure new supplies or replace lost capacity;  (10)  the  types of treatment which the water receives before entering the distribution system;  (11)  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;  (12)  the  present  condition  of  the  distribution  system  and  any significant  actions,  as  determined  by  the  authority, to improve or maintain the system;  (13) any special public services the  authority  provides  during  the year; and  (14)   information   on  water  conservation  measures  customers  can implement, such as, but not limited to, retrofitting plumbing  fixtures, altering  irrigation  timing,  using irrigation sensors, leak detection, proper use of water-consuming appliances,  daily  conscientious  use  of water  and  estimated  savings  of water, energy, and money, from use of these measures;  (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 of the 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 a 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  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  commonly  known  as  a checksigner, when 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  annual  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. The members shall cause to be audited by a certified public accountant  engaged  for  that purpose, such report and supporting records.    6.  The  officers of the authority shall receive such compensation for their services as shall be fixed 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  the  carrying out of the purposes of this title.   7.  The  authority  and  its  corporate existence shall continue until terminated by law or terminated pursuant to an affirmative  vote  of  at least six members of the board of directors, who together are authorized to  cast  at  least ninety-five votes, to retain the water supply system within the district which is in existence as of the  effective  date  of this  title;  provided,  however,  that  no  such law or vote shall take effect so long as the agency  shall  have  bonds  or  other  obligations outstanding  unless  adequate provision has been made for the payment or satisfaction thereof. Except as provided in paragraph (d) of subdivision one of section eleven  hundred  ninety-eight-e  of  this  article,  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 municipalities within the district. Such property shall  be  apportioned and  distributed so each municipality shall receive the property located within its boundaries.   8. In addition to any powers granted to it by law, the governing  body of  each  of  the municipalities within the district, 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 the municipalities, and in such event, the manner and time or times for such repayment.   9.  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.   10. For the purposes of article fifteen-A of the executive  law  only, the  authority  shall  be  deemed a state agency as that term is used in such article, and its contracts for design, construction,  services  and materials  shall  be  deemed  state contracts within the meaning of that term as set forth in such article.   11. 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 district  and state,  for  the improvement of their health, welfare and prosperity and that the said 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.