N.Y. Public Authorities Law Section 1199-DD*2
Orange county water authority


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 Public Service Law § 89-L (Municipal water systems)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 seven 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; three for a term ending on December thirty-first of the third year following the year in which this title shall have become law; one for a term ending on December thirty-first, two thousand thirteen; and one for a term ending on December thirty-first, two thousand fourteen. 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 four members are present. No action shall be taken except pursuant to the favorable vote of at least four 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

Source: Section 1199-DD*2 — Orange county water authority, https://www.­nysenate.­gov/legislation/laws/PBA/1199-DD*2 (updated Sep. 22, 2014; accessed Jun. 22, 2024).

Accessed:
Jun. 22, 2024

Last modified:
Sep. 22, 2014

§ 1199-DD*2’s source at nysenate​.gov

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