NY Pub Auth L § 1120-C (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 6-B - Clifton Park Water Authority 1120-C - Clifton Park Water Authority.

§ 1120-c.  Clifton Park water authority. 1. A public corporation to be known  as  the  Clifton  Park 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, the objects of  which in  the  judgment  of  the  legislature cannot be attained under general laws. The authority shall be governed by a board of  five  members,  who shall  be  residents of the town of Clifton Park and be appointed by the Clifton Park town board. The first members shall be  appointed  for  the following   terms   of   office:  the  two  most  junior  councilmen  or councilwomen on the town board shall each appoint one member for a  term ending  on December thirty-first of the third year following the year in which this title shall have become law;  the  other  two  councilmen  or councilwomen  on the town board shall each appoint one member for a term ending on December thirty-first of the fourth year following the year in which this title shall have become law; and the  town  supervisor  shall appoint a member for a term ending on December thirty-first of the fifth year  following  the  year in which this title shall have become law. No elected officials shall be members of the  water  authority.  Subsequent appointments  of  members shall be made by a vote of the majority of the members of the town board for a term of five 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.  In  no  event shall more than three members belong to the same political party. Vacancies shall be filled in the  manner  provided  for subsequent   appointments.   Vacancies,   occurring  otherwise  than  by expiration of term of office, shall be filled 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 town.  They  shall receive no reimbursement for the ordinary expenses of attending meetings, but may by resolution of the  authority  be  allowed their expenses of a special or extraordinary nature.   2.  The powers of the authority shall be vested in and be exercised by the board at a meeting duly called and held  where  a  quorum  of  three members  are  present.  No  action shall be taken except pursuant to the favorable vote of at least three members. The board may delegate to  one or  more  of  its members, officers, agents or employees such powers and duties as it may deem proper.   3. 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. The chairman shall be appointed by the town supervisor for a one year term coinciding with the calendar year and the remaining officers shall be appointed  by the  chairman  and  shall  act in such capacities at the pleasure of the chairman. The chairman may be  appointed  to  subsequent  terms  without limitations.  In addition to the secretary, the board may appoint and at pleasure remove  such  additional  officers  and  employees  as  it  may determine  necessary  or desirable for the performance of the powers and duties of the authority which positions shall  be  in  exempt  class  of civil  service,  and  fix and determine their qualifications, duties and compensation, 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  board  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  or  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; provided,  however,  that  no  elected official shall be a member of the authority.   5.  (a) The town supervisor shall file on or before March thirty-first of  the  year following the year in which this title shall have become a law, in the office of the secretary of state, a  certificate  signed  by the town supervisor setting forth:  (1) the name of the authority;  (2)  the  names  of  the members appointed by the town board and their terms of office; and  (3) the effective date of this title. The authority shall be perpetual in duration, except that 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. The town supervisor may file in the office of the secretary of state an amended certificate signed by him or her  setting  forth any change in the name of the authority. The failure of the town supervisor to file an amended certificate shall not  in  any way affect the corporate existence of the authority.  (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 town.   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  regulations 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  and  duties  are in all respects for the benefit of the people of the town 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.   8.  In  carrying  out  its  functions  the  authority  shall take into consideration the local zoning and planning regulations as well as local comprehensive land use plans.