* § 1123. Dutchess county water and wastewater authority. 1. A public
corporation, to be known as the "Dutchess county water and wastewater
authority" is hereby created for the public purpose 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 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. The
governing body of the authority shall consist of a total of five voting
members, two of whom shall be appointed by the county executive, without
confirmation of the county legislature, two of whom shall be appointed
by the chairman of the county legislature, without confirmation of the
county legislature and without county executive right to veto, and one
of whom shall be appointed jointly by the county executive and the
chairman of the county legislature, subject to confirmation by the
county legislature, and of three non-voting ex officio members, one of
whom shall be the manager of the county soil and water conservation
district, one of whom shall be the executive director of the
environmental management council and one of whom shall be the county
commissioner of planning, or their designated representatives. No voting
member shall, either at the time of his or her appointment or at any
time during which he or she shall serve as a voting member, be a member
of the county legislature, a town board, village board of trustees, city
council, common council, board of estimate and apportionment, board of
estimate and contract, or member of a body serving a similar function in
a city, or a member of a body serving a similar function of a sewer or
water district which, as of December thirty-first, nineteen hundred
thirty-eight, possessed both the power to contract indebtedness in its
own name and to levy taxes or benefit assessments upon real property or
require the levy of such taxes or benefit assessments. The election or
appointment of a voting member to any such office or membership shall
result in a vacancy in the position of such voting member effective the
date of the assumption of such office or membership. The first members
appointed by the county executive shall be appointed for the following
terms of office: one for a term ending on December thirty-first of the
second year following the year in which this title shall have become law
and one for a term ending on December thirty-first of the fifth year
following the year in which this title shall have become law. The first
members appointed by the county legislature shall have the following
terms: one for a term ending on December thirty-first of the first year
following the year in which this title shall have become law and one for
a term ending on December thirty-first of the fourth year following the
year in which this title shall have become law. The first member jointly
appointed by the county executive and the county legislature shall have
a term of office ending on December thirty-first of the third year
following the year in which this title shall have become law. Subsequent
appointments of voting members shall be made for a term of five years
ending in each case on December thirty-first of the last year of such
term. No person who has served as a voting member for two consecutive
terms shall be eligible for reappointment as a member for a third term,
except after an interval of at least two years. Any initial term or
unexpired term greater than two years shall be considered to be a five
year term. All voting members shall continue to hold office until their
successors are appointed and qualify. Vacancies shall be filed 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. Voting 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
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 three voting members are present.
No action shall be taken except pursuant to the favorable vote of at
least three voting 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, who
shall be a voting member of the authority, and a vice-chairman and a
treasurer, who shall be voting members of the authority, and a
secretary, who need not be either a voting member or a non-voting member
of the authority. Such officers shall be appointed by the voting member
of the governing body and shall serve in such capacities at the pleasure
of the voting members of the governing body. In addition to the
secretary, the voting members of the governing body 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 and fix and determine their qualifications, duties and
compensation, subject to the provisions of the civil service law. The
voting members of 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,
agent or employee be deemed incompatible or in conflict with such
office, membership or employment and any such officer, member or
employee may accept such appointment and serve as a member, officer,
agent or employee of the authority without forfeiture of any other
office or position of public employment by reason thereof.
4. (a) The county executive shall file on or before December
thirty-first of 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: (1) the name of the authority; (2) the names of
the voting members initially appointed, and their terms of office; (3)
the names of the ex officio members, and (4) the effective date of this
title. The authority shall be perpetual in duration, except that 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.
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 § 1123's