Section 1199-C. Rensselaer county water and sewer authority  


Latest version.
  • 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.