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

§  1226-c. Upper Mohawk valley regional water finance authority.  1. A
public corporation to be known as  the  "upper  Mohawk  valley  regional
water  finance  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. The governing body of  the  authority  shall
consist  of  a  total  of  five members, to be appointed and to serve as
follows: one member, who shall be a  resident  of  the  city,  shall  be
appointed  by  the  council;  one member, who shall be a resident of the
city, shall be appointed by the mayor; one member shall be appointed  by
the  county  executive,  which  initially  appointed  member  shall be a
resident of the city and which subsequently appointed member's residence
shall alternate between such member's being a resident  of  the  service
area  outside  of  the  city and a resident of the city; and two members
shall be residents of the service area outside of the city and shall  be
appointed by the towns and villages 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  and
alternately by the town board of the town of Whitestown.  The first such
member shall be appointed by the town board of the town of New Hartford.
Following  the  expiration of that member's term, each subsequent member
shall be appointed  alternately  by  the  town  board  of  the  town  of
Whitestown  and  then by the town board of the town of New Hartford; and
one member shall be appointed by a majority vote of  representatives  in
attendance  at  a  meeting  called  for  such  purpose from the towns of
Deerfield,  Frankfort,  Kirkland,  Marcy,  Trenton  and  Schuyler.   For
purposes  of  such vote, each such town shall appoint one representative
to cast the vote for  such  town  for  such  purpose.  For  purposes  of
appointment  by  such towns, such towns are hereby authorized to meet at
such times and locations as a majority of such towns shall determine  to
appoint  such members. 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. Failure by any party to appoint any member shall  not  invalidate
the  creation  or establishment of the authority and shall result in the
creation of a vacancy on the governing body of the authority  which  may
be  filled  at any time by such party. The first member appointed by the
council 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 mayor 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 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  member  appointed  by
the towns of New Hartford, Marcy and Whitestown 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 other towns 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. 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  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; 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  three  members  are  present  shall have
authorized the incurrence of such expense by such member. 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  members  are
present.  No action shall be taken except pursuant to the favorable vote
of at least three 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.
2.  The  officers  of  the  authority  shall  consist  of  a  chair, a
vice-chair, a treasurer 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
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 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, 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 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  members  appointed by the council, the mayor, the county executive,
and the towns and their terms of office; and (3) 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 jointly in the city and the towns and villages in the service  area
in such a manner as prescribed by law.
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  service  area  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.
6.  Nothing  in this title shall be construed to obligate the state in
any way  in  connection  with  the  operations  or  obligations  of  the
authority.