* § 1199-dddd. Cayuga county water and sewer authority. 1. A public
corporation known as the "Cayuga 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 majority of the county legislature and
confirmed by the county legislature. 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 county legislature for
inefficiency, neglect of duty or misconduct in office, after the county
legislature 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
majority leader of the county legislature, the office may be deemed
vacant for purposes of the nomination and appointment of a successor.
The officers of the authority shall receive from the authority such
salary, if any, as shall be determined from time to time by the county
legislature. 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 its 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 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 county
legislature may be appointed to serve as a member of the authority.
5. (a) The majority leader of the county legislature 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 majority leader of the
county legislature 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) 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 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.
8. Nothing in this title shall be construed to obligate the state in
any way in connection with the operations or obligations of the
authority.
* NB There are 2 § 1199-dddd's