2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 6-C - Town of Wilton Water and Sewer Authority › 1124 - Town of Wilton Water and Sewer Authority.

* §  1124.  Town  of  Wilton  water  and  sewer authority. 1. A public
corporation to be known as the town of Wilton 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
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 and be appointed by
a majority vote of the town board. The first members shall be  appointed
for  the  following  terms  of office: two shall be appointed for a term
ending on December thirty-first of the third year following the year  in
which  this  title  shall  have become law; two shall be appointed for a
term ending on December thirty-first of the fourth  year  following  the
year  in  which this title shall have become law; one shall be appointed
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 and sewer authority. In the event the town
board shall not make any appointment within twenty days of the effective
date  of  this  title, then in such event the town supervisor shall make
the appointment. 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; and if not filled by the town board within twenty  days
of  such vacancy, then the vacancy shall be filled by appointment by the
town supervisor. 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 the 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.
(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. 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.
7.  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.
* NB There are 2 § 1124's