NY Pub Auth L § 1196-C (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 8-A - New York State Local Water and Sewer Authority Act 1196-C - Organization of Authorities.

§  1196-c.  Organization of authorities. 1. When an authority has been   established by special act of the  legislature  for  the  benefit  of  a   single  sponsoring  municipality,  upon such establishment the governing   body of such municipality shall file within one year after the effective   date of such special act, in the office of the  secretary  of  state,  a   certificate  setting  forth (a) the date of passage of such special act;   (b) the name of the authority; (c) the names of the  members  and  their   terms  of  office,  specifying which member is the chairman; and (d) the   bounds of the district established by local law in which  the  authority   will deliver water to or transport sewage from the ultimate consumers or   dischargers  thereof,  provided, however, that unless otherwise provided   in such special act no such district may encompass  any  area  contained   within another district established under this title or within any other   water  authority  district created by this chapter. Should such district   include all or any portion of a  municipality  or  municipalities  other   than  the sponsoring municipality, such certificate shall be accompanied   by a copy of the intermunicipal contract or contracts  under  which  the   authority  will  provide  services  within  such  other  municipality or   municipalities, together with copies of the local  law  approving  same.   Any  changes  in the bounds of such districts or to such contracts shall   be similarly filed within thirty days thereof.2. Where an authority has been  established  by  special  act  of  the   legislature  for  the  benefit of more than one sponsoring municipality,   upon such establishment the governing body  of  each  such  municipality   shall file within one year after the effective date of such special act,   in the office of the secretary of state, a certificate setting forth (a)   the  date of passage of such special act; (b) the name of the authority;   (c) the name or names  of  the  member  or  members  appointed  by  such   governing  body  and  their  terms of office; and (d) the bounds of that   portion of the district established by local law within  the  applicable   municipality  in  which the authority will deliver water to or transport   sewage from the ultimate consumers  or  dischargers  thereof,  provided,   however,  that  unless  otherwise  provided  by such special act no such   portion  may  encompass  any  area  contained  within  another  district   established  under this title or within any other water district created   by this chapter. Each such certificate shall be accompanied by a copy of   the local law establishing such portion of the district and by a copy of   the intermunicipal agreement under which membership on the authority  is   apportioned  among the sponsoring municipalities and a copy of the local   law approving same.3. An authority shall be deemed to be and shall be in  existence  upon   the  satisfactory  filing and receipt of the certificate or certificates   required by  subdivision  one  or  two  hereof.  An  authority  and  its   corporate  existence  shall  continue until terminated by law; provided,   however, that no such law 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. 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  sponsoring   municipality or municipalities, as the case may be.4.  An authority shall be a corporate governmental agency constituting   a public benefit corporation. Except as otherwise  provided  by  special   act  of  the  legislature  where  there  is  more  than  one  sponsoring   municipality, an authority shall consist of not less than three nor more   than five members. Such members shall  be  appointed  and  the  chairman   designated  by  the  governing  body  of  the  sponsoring  municipality,   provided that where there is more than one sponsoring municipality,  the   apportionment  of members between or among the sponsoring municipalities    and the manner of  selection  of  a  chairman  shall  be  determined  by   intermunicipal  agreement.  Members  shall  serve at the pleasure of the   appointing municipality, and each member shall continue to  hold  office   until  his  successor is appointed and has qualified. The governing body   shall file with the secretary of state a certificate of  appointment  or   reappointment  of  any  member  appointed  or reappointed by it. Members   shall receive no compensation for their services but shall  be  entitled   to   reimbursement   of  the  necessary  expenses,  including  traveling   expenses, incurred in the discharge of their duties.5. No action shall be taken by an authority  except  pursuant  to  the   favorable vote of a majority of the members then in office.6.  Any  one or more of the members of an authority may be an official   or an employee of a  sponsoring  municipality.  In  the  event  that  an   official  or  an  employee  of such municipality shall be appointed as a   member of the agency, acceptance or retention of such appointment  shall   not  be  deemed  a  forfeiture of his municipal office or employment, or   incompatible therewith or affect his tenure or compensation in any  way.   The  term of office of a member of an authority who is an official or an   employee of such municipality when appointed  as  a  member  thereof  by   special act of the legislature creating the authority shall terminate at   the expiration of the term of his municipal office.7.  In addition to any powers granted to it by law, the governing body   of the sponsoring municipality or municipalities, from time to time, may   appropriate by resolution sums of money to defray project costs  or  any   other  costs  and  expenses  of  the authority. Subject to the rights of   bondholders,  the  governing  body  may  determine  if  the  moneys   so   appropriated  shall  be  subject  to  repayment  by the authority to the   municipality or municipalities, and in such event, the manner  and  time   or times for such repayment.8.  It  is  hereby  determined  and declared that an authority and the   carrying out of its powers, purposes and duties are in all respects  for   the   benefit   of   the   people  of  the  sponsoring  municipality  or   municipalities and the state,  for  the  improvement  of  their  health,   welfare  and  prosperity  and that the said purposes are public purposes   and  that  an  authority  is  and  will  be  performing   an   essential   governmental function in the exercise of the powers conferred upon it by   this title.