2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 8-E - Wayne County Water and Sewer Authority › 1199-DD - Wayne County Water and Sewer Authority.

* §  1199-dd.  Wayne  county  water  and  sewer authority. 1. A public
corporation known as the "Wayne 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
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 nine 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. The first members appointed shall
be  appointed  for  the  following  terms:  three  for  a term ending on
December thirty-first of the year following the year in which this title
shall have become law; three for a term ending on December  thirty-first
of  the  second  year  following the year in which this title shall have
become law; and three for a term ending on December thirty-first of  the
third year following the year in which this title shall have become law.
Subsequent  appointment  of members shall be made in the same manner and
for terms 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 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
or  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 chairman of the board of supervisors, the  office  may
be  deemed  vacant  for  purposes of the nomination and appointment of a
successor. The members and officers of the authority shall receive  from
the  authority  such salary, if any, as shall be determined from time to
time by the board of supervisors.  In  addition,  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  five  members  is present. No action shall be taken by the authority
except pursuant to the favorable vote of  at  least  five  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.
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  as  the
civil service commission 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, and one or more members of the board
of supervisors may be appointed to serve as a member of the authority.
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 (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)  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 of 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.
* NB There are 2 § 1199-dd's