Section 1199-CCCC. Livingston county water and sewer authority  


Latest version.
  • 1. A
      public corporation known as  the  "Livingston  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 seven members, who shall be  residents  of  the
      county  and  be appointed by resolution of the board of supervisors. The
      first members appointed shall be appointed for the following terms:  two
      for  a  term  ending  on December thirty-first of the year following the
      year in which this title shall have become law; 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 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  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 officers, 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 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 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.
        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  its  pleasure  remove  such  additional  officers  and
      employees as it may determine  necessary  for  the  performance  of  the
      powers   and   duties  of  the  authority  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) 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 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.
        8.  Nothing  in this title shall be construed to obligate the state in
      any way  in  connection  with  the  operations  or  obligations  of  the
      authority.
        * NB There are 2 § 1199-cccc's