2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 8-D - Rensselaer County Water and Sewer Authority › 1199-C - Rensselaer County Water and Sewer Authority.

§  1199-c.  Rensselaer  county  water and sewer authority. 1. A public
corporation, to be known as  the  "Rensselaer  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  body  corporate  and politic constituting a public benefit
corporation, the objects of which in the  judgment  of  the  legislature
cannot be attained under general laws. It shall consist of five members,
who  shall  be  residents  of  the county and be appointed by the county
executive; one  upon  recommendation  of  the  chairman  of  the  county
legislature  and one upon recommendation of the minority leader, no more
than three members shall be members of the  same  political  party.  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, two for a term ending on December thirty-first of
the third year following the year in which this title shall have  become
law;  and  two  for a term ending on December thirty-first of the fourth
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 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
such  salary  as shall be determined by local law. They shall receive no
reimbursement for the ordinary expenses of attending meetings,  but  may
by resolution by the authority be allowed their expenses of a special or
extraordinary nature. A member may receive additional compensation to be
fixed  by  the  county,  if  appointed  an officer of the authority. 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  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,  a
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 determine necessary for
the performance of the powers and duties of the authority which position
shall be in the exempt class of civil service,  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,
agent  or  employee  be  deemed  incompatible  or  in conflict with such
office, membership or employment.
4. (a) The county executive shall file on or before March thirty-first
of  the  year following 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  county  executive  and  their
terms of office; and (3) 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.