Section 1120-C. Clifton Park water authority  


Latest version.
  • 1. A public corporation to be
      known  as  the  Clifton  Park 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 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. The authority shall be governed by a board of  five  members,  who
      shall  be  residents of the town of Clifton Park and be appointed by the
      Clifton Park town board. The first members shall be  appointed  for  the
      following   terms   of   office:  the  two  most  junior  councilmen  or
      councilwomen on the town board shall each appoint one member for a  term
      ending  on December thirty-first of the third year following the year in
      which this title shall have become law;  the  other  two  councilmen  or
      councilwomen  on the town board shall each appoint one member for a term
      ending on December thirty-first of the fourth year following the year in
      which this title shall have become law; and the  town  supervisor  shall
      appoint a member for a term ending on December thirty-first of the fifth
      year  following  the  year in which this title shall have become law. No
      elected officials shall be members of the  water  authority.  Subsequent
      appointments  of  members shall be made by a vote of the majority of the
      members of the town board for a term of five 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.  In  no  event shall more than three members belong to the same
      political party. Vacancies shall be filled in the  manner  provided  for
      subsequent   appointments.   Vacancies,   occurring  otherwise  than  by
      expiration of term of office, shall be filled 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
      town.  They  shall receive no reimbursement for the ordinary expenses of
      attending meetings, but may by resolution of the  authority  be  allowed
      their expenses of a special or extraordinary nature.
        2.  The powers of the authority shall be vested in and be exercised by
      the board 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 board 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  authority  shall  consist  of  a  chairman,
      vice-chairman  and  a  treasurer, who shall be members of the authority,
      and a secretary, who need not be a member of the authority. The chairman
      shall be appointed by the town supervisor for a one year term coinciding
      with the calendar year and the remaining officers shall be appointed  by
      the  chairman  and  shall  act in such capacities at the pleasure of the
      chairman. The chairman may be  appointed  to  subsequent  terms  without
      limitations.  In addition to the secretary, the board may appoint and at
      pleasure remove  such  additional  officers  and  employees  as  it  may
      determine  necessary  or desirable for the performance of the powers and
      duties of the authority which positions shall  be  in  exempt  class  of
      civil  service,  and  fix and determine their qualifications, duties and
      compensation, 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  board  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  or  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; provided,  however,  that  no  elected
      official shall be a member of the authority.
        5.  (a) The town supervisor 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 town supervisor setting forth:
        (1) the name of the authority;
        (2)  the  names  of  the members appointed by the town board 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. The town supervisor may file in the
      office of the secretary of state an amended certificate signed by him or
      her  setting  forth any change in the name of the authority. The failure
      of the town supervisor to file an amended certificate shall not  in  any
      way affect the corporate existence of the authority.
        (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 town.
        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  regulations 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  and  duties  are in all respects for the
      benefit of the people of the town 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.
        8.  In  carrying  out  its  functions  the  authority  shall take into
      consideration the local zoning and planning regulations as well as local
      comprehensive land use plans.