Section 1199-DD. Wayne county water and sewer authority  


Latest version.
  • 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