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This entry was published on 2014-09-22
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Orange county water authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 8-E*
* § 1199-dd. Orange county water authority. 1. A public corporation,
to be known as the "Orange 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 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. It shall consist of seven members, who
shall be residents of the county and be appointed by the county
executive. All members so appointed shall be subject to confirmation by
the county legislature. The first members appointed by the county
executive shall be appointed for the following terms of office: two for
a term ending on December thirty-first of the second year following the
year in which this title shall have become law; three for a term ending
on December thirty-first of the third year following the year in which
this title shall have become law; one for a term ending on December
thirty-first, two thousand thirteen; and one for a term ending on
December thirty-first, two thousand fourteen. Subsequent appointments of
members shall be made for a term 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
qualify. Vacancies shall be filled 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.
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 all 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 four members are present. No action shall be taken
except pursuant to the favorable vote of at least four 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, vice
chairman and a treasurer, who shall be members of the authority, and a
secretary, who need not be a member of the authority. Such officers
shall be appointed by the governing body and shall serve in such
capacities at the pleasure of the governing body. In addition to the
secretary, the governing body may appoint and at pleasure remove such
additional officers and employees as it may be determined 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 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,
agency or employee be deemed incompatible or in conflict with such
office, membership or employment.

4. (a) The county executive shall file on or before December
thirty-first in 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: (i) the name of the authority; (ii) the names
of the members appointed by the county executive and confirmed by the
county legislature 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.

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 § 1199-dd's