2023 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 council  members  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 council members 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.