2023 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