2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 6-C* - Dutchess County Water and Wastewater Authority › 1123*2 - Dutchess County Water and Wastewater Authority.

* §  1123. Dutchess county water and wastewater authority. 1. A public
corporation, to be known as the "Dutchess county  water  and  wastewater
authority" is hereby created for the public purpose 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.  The
governing  body of the authority shall consist of a total of five voting
members, two of whom shall be appointed by the county executive, without
confirmation of the county legislature, two of whom shall  be  appointed
by  the  chairman of the county legislature, without confirmation of the
county legislature and without county executive right to veto,  and  one
of  whom  shall  be  appointed  jointly  by the county executive and the
chairman of the county  legislature,  subject  to  confirmation  by  the
county  legislature,  and of three non-voting ex officio members, one of
whom shall be the manager of the  county  soil  and  water  conservation
district,   one   of  whom  shall  be  the  executive  director  of  the
environmental management council and one of whom  shall  be  the  county
commissioner of planning, or their designated representatives. No voting
member  shall,  either  at  the time of his or her appointment or at any
time during which he or she shall serve as a voting member, be a  member
of the county legislature, a town board, village board of trustees, city
council,  common  council, board of estimate and apportionment, board of
estimate and contract, or member of a body serving a similar function in
a city, or a member of a body serving a similar function of a  sewer  or
water  district  which,  as  of  December thirty-first, nineteen hundred
thirty-eight, possessed both the power to contract indebtedness  in  its
own  name and to levy taxes or benefit assessments upon real property or
require the levy of such taxes or benefit assessments. The  election  or
appointment  of  a  voting member to any such office or membership shall
result in a vacancy in the position of such voting member effective  the
date  of  the assumption of such office or membership. The first members
appointed by the county executive shall be appointed for  the  following
terms  of  office: one for a term ending on December thirty-first of the
second year following the year in which this title shall have become law
and one for a term ending on December thirty-first  of  the  fifth  year
following  the year in which this title shall have become law. The first
members appointed by the county legislature  shall  have  the  following
terms:  one for a term ending on December thirty-first of the first year
following the year in which this title shall have become law and one for
a term ending on December thirty-first of the fourth year following  the
year in which this title shall have become law. The first member jointly
appointed  by the county executive and the county legislature shall have
a term of office ending on  December  thirty-first  of  the  third  year
following the year in which this title shall have become law. Subsequent
appointments  of  voting  members shall be made for a term of five years
ending in each case on December thirty-first of the last  year  of  such
term.  No  person  who has served as a voting member for two consecutive
terms shall be eligible for reappointment as a member for a third  term,
except  after  an  interval  of  at least two years. Any initial term or
unexpired term greater than two years shall be considered to be  a  five
year  term. All voting members shall continue to hold office until their
successors are appointed and qualify. Vacancies shall be  filed  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. Voting 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
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 three voting members are present.
No  action  shall  be  taken except pursuant to the favorable vote of at
least three voting 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,  who
shall  be  a  voting  member of the authority, and a vice-chairman and a
treasurer,  who  shall  be  voting  members  of  the  authority,  and  a
secretary, who need not be either a voting member or a non-voting member
of  the authority. Such officers shall be appointed by the voting member
of the governing body and shall serve in such capacities at the pleasure
of the voting  members  of  the  governing  body.  In  addition  to  the
secretary,  the  voting members of the governing body may appoint and at
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  their  qualifications,  duties  and
compensation,  subject  to  the provisions of the civil service law. The
voting members of 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,
agent  or  employee  be  deemed  incompatible  or  in conflict with such
office, membership  or  employment  and  any  such  officer,  member  or
employee  may  accept  such  appointment and serve as a member, officer,
agent or employee of the  authority  without  forfeiture  of  any  other
office or position of public employment by reason thereof.
4.  (a)  The  county  executive  shall  file  on  or  before  December
thirty-first of 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: (1) the name of the authority; (2) the names of
the voting members initially appointed, and their terms of  office;  (3)
the  names of the ex officio members, and (4) 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 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 § 1123's