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This entry was published on 2014-09-22
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SECTION 1199-CCCC*2
Livingston county water and sewer authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 8-G*
* § 1199-cccc. Livingston county water and sewer authority. 1. A
public corporation known as the "Livingston 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 seven members, who shall be residents of the
county and be appointed by resolution of the board of supervisors. The
first members appointed shall be appointed for the following terms: two
for a term ending on December thirty-first of the year following the
year in which this title shall have become law; two 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 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 officers, 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 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 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.

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 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) 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-cccc's