N.Y.
Public Authorities Law Section 1199-DDD
Saratoga county water authority
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 Public Service Law § 89-L (Municipal water systems)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 appointments of board members shall be made in the same manner, except that at least five of the seven members shall each be a resident of a municipality with which the authority has a service or distribution contract, each of the said resident board members shall not be a resident of the same municipality as any other resident board member and may be one or more of the aforementioned elected officials. Subsequent appointments of board members shall be for terms of two years and end, 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.
Source:
Section 1199-DDD — Saratoga county water authority, https://www.nysenate.gov/legislation/laws/PBA/1199-DDD (updated Sep. 22, 2014; accessed Oct. 26, 2024).
