* § 1199-dd. Wayne county water and sewer authority. 1. A public
corporation known as the "Wayne 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 chairman of the board of supervisors and
confirmed by the board of supervisors. 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 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
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 chairman of the board of supervisors, the office may
be deemed vacant for purposes of the nomination and appointment of a
successor. The members and officers of the authority shall receive from
the authority such salary, if any, as shall be determined from time to
time by the board of supervisors. 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 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 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 board
of supervisors may be appointed to serve as a member of the authority.
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 (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.
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.
* NB There are 2 § 1199-dd's