Section 1199-DD. Orange county water authority  


Latest version.
  • 1. A public corporation,
      to be known as the "Orange 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 body corporate and
      politic constituting a public benefit corporation and shall be a "public
      district" for purposes of section eighty-nine-l of  the  public  service
      law,  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. All
      members so appointed shall be subject  to  confirmation  by  the  county
      legislature.  The  first members appointed by the county executive shall
      be appointed for the following terms of office: two 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 appointments of members shall be
      made  for  a  term  of  two  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 no  compensation  for
      their  services,  but  shall  be  reimbursed  for  all  their actual and
      necessary expenses incurred in connection with the carrying out  of  the
      purposes  of  this title. 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, 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 be determined necessary for
      the performance of the powers and duties of the authority  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,
      agency or employee be deemed  incompatible  or  in  conflict  with  such
      office, membership or employment.
        4.  (a)  The  county  executive  shall  file  on  or  before  December
      thirty-first in 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: (i) the name of the authority; (ii)  the  names
      of  the  members  appointed by the county executive and confirmed by the
      county  legislature  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.
        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.
        * NB There are 2 § 1199-dd's