NY Pub Auth L § 1199-DD-2 (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 8-E* - Orange County Water Authority 1199-DD*2 - Orange County Water Authority.

* §  1199-dd.  Orange county water authority. 1. A public corporation, to be known as the "Orange 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 body corporate and politic constituting a public benefit corporation and shall be a "public district" for purposes of section eighty-nine-l of  the  public  service law,  the  objects of which in the judgment of the legislature cannot be attained under general laws. It shall  consist  of  seven  members,  who shall  be  residents  of  the  county  and  be  appointed  by the county executive. All members so appointed shall be subject to confirmation  by the  county  legislature.  The  first  members  appointed  by the county executive shall be appointed for the following terms of office: two  for a  term ending on December thirty-first of the second year following the year in which this title shall have become law; three for a term  ending on  December  thirty-first of the third year following the year in which this title shall have become law; one for  a  term  ending  on  December thirty-first,  two  thousand  thirteen;  and  one  for  a term ending on December thirty-first, two thousand fourteen. Subsequent appointments of members shall be made for a term of two 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 qualify.  Vacancies  shall be filled in the manner provided for original appointment. Vacancies, occurring otherwise than by expiration  of  term 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. The members of the authority shall receive no  compensation  for their  services,  but  shall  be  reimbursed  for  all  their actual and necessary expenses incurred in connection with the carrying out  of  the purposes  of  this title. The powers of the authority shall be vested in and be exercised by the governing body at a meeting duly called and held where a quorum of four members are present. No  action  shall  be  taken except  pursuant  to  the  favorable  vote of at least four members. The governing body may delegate to one or more  of  its  members,  officers, agents or employees such powers and duties as it may deem proper.   2.  The  officers  of  the authority shall consist of a chairman, vice chairman and a treasurer, who shall be members of the authority,  and  a secretary,  who  need  not  be  a member of the authority. Such officers shall be appointed by  the  governing  body  and  shall  serve  in  such capacities  at  the  pleasure  of the governing body. In addition to the secretary, the governing body may appoint and at  pleasure  remove  such additional  officers and employees as it may be determined necessary for the performance of the powers and duties of the authority  and  fix  and determine  their qualifications, duties and compensation, subject to the provisions of the civil service law. The governing body  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 governing body and the premium therefor shall be paid by the authority.   3. 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, agency or employee be deemed  incompatible  or  in  conflict  with  such office, membership or employment.    4.  (a)  The  county  executive  shall  file  on  or  before  December thirty-first in the year in which this title shall have become a law, in the office of the secretary of state, a certificate signed by the county executive setting forth: (i) the name of the authority; (ii)  the  names of  the  members  appointed by the county executive and confirmed by the county legislature 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.   5.  It  is  hereby determined and declared, that the authority and the carrying out of its powers 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