NY Pub Auth L § 1199-DDDD (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 8-G - Cayuga County Water and Sewer Authority 1199-DDDD - Cayuga County Water and Sewer Authority.

* §  1199-dddd.  Cayuga  county water and sewer authority. 1. A public corporation known as the "Cayuga county water and  sewer  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 nine members, who shall be residents of the county and be appointed by the majority of the  county  legislature  and confirmed  by  the county legislature. The first members appointed shall be appointed for the  following  terms:  three  for  a  term  ending  on December thirty-first of the year following the year in which this title shall  have become law; three for a term ending on December thirty-first of the second year following the year in which  this  title  shall  have become  law; and three for a term ending on December thirty-first of the third year following the year in which this title shall have become law. Subsequent appointment of members shall be made in the same  manner  and for terms of three 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 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  county legislature for inefficiency, neglect of duty or misconduct in office, after the  county legislature  has  given such member a copy of the charges against him or 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 majority leader of the county legislature,  the  office  may  be  deemed vacant  for  purposes  of the nomination and appointment of a successor. The officers of the authority shall  receive  from  the  authority  such salary,  if  any, as shall be determined from time to time by the county legislature. In addition, 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 five members is present. No action shall be taken  by  the  authority except  pursuant  to  the  favorable  vote of at least five 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.   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  its  pleasure  remove  such  additional  officers  and employees as it may determine  necessary  for  the  performance  of  the powers   and   duties  of  the  authority  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 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 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, and one or more members of the  county legislature may be appointed to serve as a member of the authority.   5. (a) The majority leader of the county legislature 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 majority leader  of  the county  legislature  setting  forth: (i) the name of the authority; (ii) the names of the initial members of the board 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)  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  of  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.   8. Nothing in this title shall be construed to obligate the  state  in any  way  in  connection  with  the  operations  or  obligations  of the authority.   * NB There are 2 § 1199-dddd's