State Codes and Statutes

Statutes > New-york > Pba > Article-5 > Title-8-f > 1199-ddd

§  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  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  tothe  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.

State Codes and Statutes

Statutes > New-york > Pba > Article-5 > Title-8-f > 1199-ddd

§  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  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  tothe  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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pba > Article-5 > Title-8-f > 1199-ddd

§  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  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  tothe  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.