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This entry was published on 2014-09-22
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Saratoga county water authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 8-F
§ 1199-ddd. Saratoga county water authority. 1. A public corporation
known as the "Saratoga 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 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
the chairman of the board of supervisors and confirmed by the board of
supervisors. At least four members shall be elected officials. The first
members appointed shall be appointed for the following terms: four for a
term ending on December thirty-first, nineteen hundred ninety-six; three
for a term ending on December thirty-first, nineteen hundred
ninety-seven. Subsequent appointments of board members shall be made in
the same manner, except that at least five of the seven members shall
each be a resident of a municipality with which the authority has a
service or distribution contract, each of the said resident board
members shall not be a resident of the same municipality as any other
resident board member and may be one or more of the aforementioned
elected officials. Subsequent appointments of board members shall be for
terms of two years and end, 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 officer, or in the case of the chairperson of the
authority, by the chairperson of the board of supervisors, the office
may be deemed vacant for the purposes of the nomination and appointment
of a successor. The members of the authority shall receive no salary
from the authority. 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, except the power to vote upon issues as an
authority member.

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 and
regulations as the personnel officer 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.

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
specifying which member is the chairman; 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, or any
power over the regulation of rates fixed or charges collected by the

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.