2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 10 - Upper Mohawk Valley Regional Water Finance Authority › 1226-E - Water Board.

§  1226-e.  Water  board.  1. A water board, to be known as the "Upper
Mohawk valley regional water board", may be created by a special act  of
the  state  legislature  as a body corporate and politic, constituting a
corporate municipal instrumentality of the state and having  the  powers
and duties as provided in this title.
2.  The  governing body of the water board shall consist of a total of
twelve members, to be appointed and to serve as  follows:  two  members,
each  of whom shall be a resident of the city, shall be appointed by the
council; two members, each of whom shall be  a  resident  of  the  city,
shall  be  appointed by the mayor; two members shall be appointed by the
county executive, the first of which shall be a resident  of  a  village
located  within  the  service area outside of the city and the second of
which shall be a resident of the service area outside of the city, which
second member shall be subject to confirmation by  the  Herkimer  county
legislature;  two  members shall be appointed by the county legislature,
each of whom shall be a resident of the city; and four members shall  be
residents of the service area outside of the city and shall be appointed
by  the  towns  within,  either  wholly  or  partly, the service area in
accordance with the following procedure: one member shall  be  appointed
by  the  town  board  of  the  town of New Hartford; one member shall be
appointed by the town board of the town of Whitestown; one member  shall
be  appointed  by the town board of the town of Marcy and alternately by
the town board of the town of Schuyler and then by the town board of the
town of Kirkland. The first such member shall be appointed by  the  town
board  of  the  town of Marcy. Following the expiration of that member's
term, such subsequently appointed member shall be appointed by the  town
board of the town of Schuyler. Following the expiration of that member's
term,  such subsequently appointed member shall be appointed by the town
board of the town of Kirkland.  Thereafter each such  subsequent  member
shall  be  appointed alternately by the town board of the town of Marcy,
then by the town board of the town of Schuyler  and  then  by  the  town
board of the town of Kirkland; one member shall be appointed by the town
board  of  the  town of Trenton and alternately by the town board of the
town of Deerfield and then by the town board of the town  of  Frankfort.
The  first  such member shall be appointed by the town board of the town
of Trenton.  Following  the  expiration  of  that  member's  term,  such
subsequently  appointed  member  shall be appointed by the town board of
the town of Deerfield.  Following the expiration of that member's  term,
such  subsequently appointed member shall be appointed by the town board
of the town of Frankfort. Thereafter each such subsequent  member  shall
be  appointed alternately by the town board of the town of Trenton, then
by the town board of the town of Deerfield and then by the town board of
the town of Frankfort. No appointment made by the mayor shall be subject
to confirmation by the  council.  No  appointment  made  by  the  county
executive  shall  be  subject to confirmation by the county legislature.
No appointment by the council shall be subject to approval  or  veto  by
the  mayor. No appointment by the county legislature shall be subject to
approval or veto by the  county  executive.  Failure  by  any  party  to
appoint any member shall not invalidate the creation or establishment of
the  water  board  and  shall result in the creation of a vacancy on the
governing body of the water board which may be filled  at  any  time  by
such  party.  The  first  members  appointed  by  the  council  shall be
appointed for the following terms of office; 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 third year following the year in  which  this  title
shall have become law. The first members appointed by the mayor shall be
appointed  for  the  following terms of office: 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 second year following the year in which this title
shall  have  become  law. The first village resident member appointed by
the county executive shall be appointed for a term  ending  on  December
thirty-first  of  the second year following the year in which this title
shall have become law. The first subject to Herkimer county  legislative
confirmation member appointed by the county executive shall be appointed
for  a  term ending on December thirty-first of the third year following
the year in which this title shall have become law.  The  first  members
appointed by the county legislature shall be appointed for the following
terms  of  office: 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  second  year
following  the year in which this title shall have become law. The first
member appointed by the town of New Hartford shall be  appointed  for  a
term  of  office  ending  on  December  thirty-first  of  the third year
following the year in which this title shall have become law. The  first
member appointed by the town of Whitestown shall be appointed for a term
ending on December thirty-first of the second year following the year in
which  this  title  shall have become law. The first member appointed by
the town of Marcy, Schuyler or Kirkland shall be appointed  for  a  term
ending  on December thirty-first of the third year following the year in
which this title shall have become law. The first  member  appointed  by
the  towns  of Trenton, Deerfield and Frankfort shall be appointed for a
term ending on December thirty-first of the  first  year  following  the
year  in which this title shall have become law. Subsequent appointments
of members shall be made for a term of three years ending in  each  case
on  December thirty-first of the last year of such term. No member shall
be a member of the governing body of the authority.  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 by the party which appointed such
member for inefficiency,  neglect  of  duty  or  misconduct  in  office;
provided, however, that such member shall be given a copy of the charges
against  him  or  her and an opportunity of being heard in person, or by
counsel, in his or her defense upon not less than ten days  notice.  Any
member  required  to be a resident of a specified area shall forfeit his
or her membership on the governing body upon such  member's  termination
of  residence in such area, which forfeiture shall create a vacancy. The
members of the water board  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; provided, however, that no member shall  be  reimbursed  for  any
expense  exceeding  one  thousand  dollars  incurred with respect to any
individual purpose unless the governing body at a  meeting  duly  called
and  held  when  a  quorum  of  seven  members  are  present  shall have
authorized the incurrence of such expense by such member. The powers  of
the  water  board  shall  be vested in and be exercised by the governing
body at a meeting duly called and held where a quorum of  seven  members
are  present.  No action shall be taken except pursuant to the favorable
vote of at least seven voting members. All votes must be made in  person
at  a  meeting  and no vote may be made by proxy. 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.
3.  The  officers  of  the  water board shall consist of a chairman, a
vice-chairman and a treasurer, who shall be members of the water  board,
and  a  secretary,  who  need  not  be a member of the water board. 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 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 governing body may also from
time to time contract for expert  professional  services.  The  members,
officers,  executive director, if any, comptroller, if any, and counsel,
if any, shall be an exempt position under any rule or classification  of
the  civil  service  commission.  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  water
board.
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 be deemed to have forfeited or 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 water  board,
nor  shall  service as such member, officer, agent or employee be deemed
incompatible or in conflict with such office, membership or employment.
5.  (a)  The  county  executive  shall  file  on  or  before  December
thirty-first  of the year following the year in which the special act of
the state legislature creating the water board shall have become law, in
the office of the secretary of state, a certificate signed by the county
executive setting forth: (1) the name of the water board; (2) the  names
of  the  members  appointed  by  the  council,  the  mayor,  the  county
executive, the county legislature and the towns, villages and county  of
Herkimer  and  their  terms of office; and (3) the effective date of the
special act of the state legislature creating the water board.  If  such
certificate  is  not filed with the secretary of state on or before such
date, then the corporate existence of the water  board  shall  thereupon
terminate and it shall thereupon be deemed to be and shall be dissolved.
(b)  The  water board and its corporate existence shall continue until
terminated by law, provided, however, that no such law shall take effect
so long as the water board shall have contractual duties or  obligations
outstanding unless adequate provision has been made for the satisfaction
thereof.  Upon  termination  of the existence of the water board, all of
the rights and properties of the water board then remaining  shall  pass
to  and vest as follows: all properties acquired by the water board from
either the  city  or  the  board  of  water  supply,  except  properties
identified  at  the  time  of  transfer  as  being  "southern  reservoir
property" shall vest in the city; all property identified at the time of
transfer as being "southern reservoir property" shall  vest  jointly  in
the  city  and  in  the town of New Hartford; all other properties shall
vest jointly in the city and the towns and villages in the service  area
in such a manner as prescribed by law.
6.  It  is hereby determined and declared that the water board and the
carrying out of its powers and  duties  are  in  all  respects  for  the
benefit  of  the  people  of  the  service  area  and  the state for the
improvement of their  health,  welfare  and  prosperity  and  that  such
purposes  are  public  purposes  and that the water board is and will be

performing an essential governmental function in  the  exercise  of  the
powers conferred upon it by this title.
7.  The  water board shall establish and maintain its principal office
at  which  it  conducts  its  business  in   the   city's   city   hall.
Notwithstanding  any  general,  special  or  local  law  or  any charter
provision, the city shall, and is hereby authorized  to,  lease  to  the
water  board  such office space as the city and the water board mutually
determine to be necessary and appropriate for the  needs  of  the  water
board,  which  lease  shall  be  for an initial term of thirty years and
shall be for  such  consideration  and  shall  contain  such  terms  and
conditions  as  the  water board and the city shall determine reasonable
and appropriate.