Section 1124. Town of Wilton water and sewer authority  


Latest version.
  • 1. A public
      corporation to be known as the town of Wilton 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. The authority shall be governed by a  board
      of  five members, who shall be residents of the town and be appointed by
      a majority vote of the town board. The first members shall be  appointed
      for  the  following  terms  of office: two shall be appointed for a term
      ending on December thirty-first of the third year following the year  in
      which  this  title  shall  have become law; two shall be appointed for a
      term ending on December thirty-first of the fourth  year  following  the
      year  in  which this title shall have become law; one shall be appointed
      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 and sewer authority. In the event the town
      board shall not make any appointment within twenty days of the effective
      date  of  this  title, then in such event the town supervisor shall make
      the appointment. 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; and if not filled by the town board within twenty  days
      of  such vacancy, then the vacancy shall be filled by appointment by the
      town supervisor. 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 the 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.
        (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. 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.
        7.  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.
        * NB There are 2 § 1124's