2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 8-G* - Livingston County Water and Sewer Authority › 1199-CCCC*2 - Livingston County Water and Sewer Authority.

* §  1199-cccc.  Livingston  county  water  and  sewer authority. 1. A
public corporation known as  the  "Livingston  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 seven members, who shall be  residents  of  the
county  and  be appointed by resolution of the board of supervisors. The
first members appointed shall be appointed for the following terms:  two
for  a  term  ending  on December thirty-first of the year following the
year in which this title shall have become law; two 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 board
of  supervisors  for  inefficiency,  neglect  of  duty  or misconduct in
office, after the board of supervisors has given such member a  copy  of
the  charges  against  him  and  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 officers, or in the case of the
chairperson  of  the  authority,  by  the  chairman  of  the  board   of
supervisors,  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 board of supervisors. 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 four members is present. No action shall be taken  by  the  authority
except  pursuant  to  the  favorable  vote of at least four 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  board
of supervisors may be appointed to serve as a member of the authority.
5.  (a) The chairman of the board of supervisors 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 chairman of the board of
supervisors 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-cccc's