Section 1199-DDDD. Cayuga county water and sewer authority  


Latest version.
  • 1. A public
      corporation known as the "Cayuga 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 majority of the  county  legislature  and
      confirmed  by  the county legislature. 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  county legislature for
      inefficiency, neglect of duty or misconduct in office, after the  county
      legislature  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
      majority leader of the county legislature,  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 county
      legislature. 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  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  county
      legislature may be appointed to serve as a member of the authority.
        5. (a) The majority leader of the county legislature 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 majority leader  of  the
      county  legislature  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-dddd's