2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 8-F - Saratoga County Water Authority › 1199-DDD - Saratoga County Water Authority.

§  1199-ddd.  Saratoga county water authority. 1. A public corporation
known as the "Saratoga county water 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
seven  members, who shall be residents of the county and be appointed by
the chairman of the board of supervisors and confirmed by the  board  of
supervisors. At least four members shall be elected officials. The first
members appointed shall be appointed for the following terms: four for a
term ending on December thirty-first, nineteen hundred ninety-six; three
for   a   term   ending   on  December  thirty-first,  nineteen  hundred
ninety-seven. Subsequent appointments of board members shall be made  in
the  same  manner,  except that at least five of the seven members shall
each be a resident of a municipality with  which  the  authority  has  a
service  or  distribution  contract,  each  of  the  said resident board
members shall not be a resident of the same municipality  as  any  other
resident  board  member  and  may  be  one or more of the aforementioned
elected officials. Subsequent appointments of board members shall be for
terms of two years and end, 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 board of supervisors for
inefficiency, neglect of duty or misconduct in office, after  the  board
of  supervisors  has given such member a copy of the charges against him
and 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 chairperson of the board of  supervisors,  the  office
may  be deemed vacant for the purposes of the nomination and appointment
of a successor. The members of the authority  shall  receive  no  salary
from   the   authority.  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  four  members  is present. No action shall be taken by the authority
except pursuant to the favorable vote of  at  least  four  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, except the power to vote upon issues as an
authority member.
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 pleasure remove such additional officers and employees as
it may determine necessary for the performance of the powers and  duties
of  the  authority,  which positions shall be in the exempt class of the

civil service, 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  and
regulations  as  the  personnel officer 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.
5.  (a) The chairman of the board of supervisors 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 chairman of the board of
supervisors setting forth: (i) the name of the authority; (ii) the names
of  the  initial  members  of  the  board  and their terms of office and
specifying which member is the chairman; 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, or 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.