Section 1199-DDD. Saratoga county water authority  


Latest version.
  • 1. A public corporation
      known as the "Saratoga 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 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
      seven  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. At least four members shall be elected officials. The first
      members appointed shall be appointed for the following terms: four for a
      term ending on December thirty-first, nineteen hundred ninety-six; three
      for   a   term   ending   on  December  thirty-first,  nineteen  hundred
      ninety-seven. Subsequent appointment of members shall  be  made  in  the
      same manner, except that at least one member shall be a resident of each
      municipality  with  which  the  authority  has  service  or distribution
      contracts, and for terms 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 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 and 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 chairperson of the board of supervisors, the
      office may be deemed vacant for  the  purposes  of  the  nomination  and
      appointment  of  a successor. The members of the authority shall receive
      no salary from the authority. 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 four members is present. No action shall be taken  by  the  authority
      except  pursuant  to  the  favorable  vote of at least four 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, except the power to vote upon issues as an
      authority member.
        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 and
      regulations as the personnel officer 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.
        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
      specifying which member is the chairman; 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) 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.
        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 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.