2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 8-E* - Orange County Water Authority › 1199-DD*2 - Orange County Water Authority.

* §  1199-dd.  Orange county water authority. 1. A public corporation,
to be known as the "Orange county 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 and shall be a "public
district" for purposes of section eighty-nine-l of  the  public  service
law,  the  objects of which in the judgment of the legislature cannot be
attained under general laws. It shall  consist  of  seven  members,  who
shall  be  residents  of  the  county  and  be  appointed  by the county
executive. All members so appointed shall be subject to confirmation  by
the  county  legislature.  The  first  members  appointed  by the county
executive shall be appointed for the following terms of office: two  for
a  term ending on December thirty-first of the second year following the
year in which this title shall have become law; three for a term  ending
on  December  thirty-first of the third year following the year in which
this title shall have become law; one for  a  term  ending  on  December
thirty-first,  two  thousand  thirteen;  and  one  for  a term ending on
December thirty-first, two thousand fourteen. Subsequent appointments of
members shall be made for a term of two 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.  Vacancies  shall be filled in the manner provided for original
appointment. Vacancies, occurring otherwise than by expiration  of  term
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. The members of the authority shall receive no  compensation  for
their  services,  but  shall  be  reimbursed  for  all  their actual and
necessary expenses incurred in connection with the carrying out  of  the
purposes  of  this title. The powers of the authority shall be vested in
and be exercised by the governing body at a meeting duly called and held
where a quorum of four members are present. No  action  shall  be  taken
except  pursuant  to  the  favorable  vote of at least four members. The
governing body may delegate to one or more  of  its  members,  officers,
agents or employees such powers and duties as it may deem proper.
2.  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. Such officers
shall be appointed by  the  governing  body  and  shall  serve  in  such
capacities  at  the  pleasure  of the governing body. In addition to the
secretary, the governing body may appoint and at  pleasure  remove  such
additional  officers and employees as it may be determined necessary for
the performance of the powers and duties of the authority  and  fix  and
determine  their qualifications, duties and compensation, subject to the
provisions of the civil service law. The governing body  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 governing body and the premium therefor shall be paid
by the authority.
3. 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,
agency or employee be deemed  incompatible  or  in  conflict  with  such
office, membership or employment.
4.  (a)  The  county  executive  shall  file  on  or  before  December
thirty-first in the year in which this title shall have become a law, in
the office of the secretary of state, a certificate signed by the county
executive setting forth: (i) the name of the authority; (ii)  the  names
of  the  members  appointed by the county executive and confirmed by the
county legislature 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) 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.
5.  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 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.
* NB There are 2 § 1199-dd's