2006 New York Code - Upper Mohawk Valley Regional Water Finance Authority.

 
    §  1226-c. Upper Mohawk valley regional water finance authority.  1. A
  public corporation to be known as  the  "upper  Mohawk  valley  regional
  water  finance  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. The governing body of  the  authority  shall
  consist  of  a  total  of  five members, to be appointed and to serve as
  follows: one member, who shall be a  resident  of  the  city,  shall  be
  appointed  by  the  council;  one member, who shall be a resident of the
  city, shall be appointed by the mayor; one member shall be appointed  by
  the  county  executive,  which  initially  appointed  member  shall be a
  resident of the city and which subsequently appointed member's residence
  shall alternate between such member's being a resident  of  the  service
  area  outside  of  the  city and a resident of the city; and two members
  shall be residents of the service area outside of the city and shall  be
  appointed by the towns and villages within, either wholly or partly, the
  service  area  in  accordance  with the following procedure:  one member
  shall be appointed by the town board of the town  of  New  Hartford  and
  alternately by the town board of the town of Whitestown.  The first such
  member shall be appointed by the town board of the town of New Hartford.
  Following  the  expiration of that member's term, each subsequent member
  shall be appointed  alternately  by  the  town  board  of  the  town  of
  Whitestown  and  then by the town board of the town of New Hartford; and
  one member shall be appointed by a majority vote of  representatives  in
  attendance  at  a  meeting  called  for  such  purpose from the towns of
  Deerfield,  Frankfort,  Kirkland,  Marcy,  Trenton  and  Schuyler.   For
  purposes  of  such vote, each such town shall appoint one representative
  to cast the vote for  such  town  for  such  purpose.  For  purposes  of
  appointment  by  such towns, such towns are hereby authorized to meet at
  such times and locations as a majority of such towns shall determine  to
  appoint  such members. No appointment made by the mayor shall be subject
  to confirmation by the  council.  No  appointment  made  by  the  county
  executive shall be subject to confirmation by the county legislature. No
  appointment  by  the council shall be subject to approval or veto by the
  mayor. Failure by any party to appoint any member shall  not  invalidate
  the  creation  or establishment of the authority and shall result in the
  creation of a vacancy on the governing body of the authority  which  may
  be  filled  at any time by such party. The first member appointed by the
  council shall be appointed for a  term  of  office  ending  on  December
  thirty-first  of  the  third year following the year in which this title
  shall have become law. The first member appointed by the mayor shall  be
  appointed  for a term ending on December thirty-first of the second year
  following the year in which this title shall have become law. The  first
  member  appointed  by the county executive shall be appointed for a term
  ending on December thirty-first of the second year following the year in
  which this title shall have become law. The first  member  appointed  by
  the towns of New Hartford, Marcy and Whitestown shall be appointed for a
  term  of  office  ending  on  December  thirty-first  of  the third year
  following the year in which this title shall have become law. The  first
  member appointed by the other towns shall be appointed for a term ending
  on  December  thirty-first of the first year following the year in which
  this title shall have become law.   Subsequent appointments  of  members
  shall  be made for a term 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 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 by the party which appointed such
  member for inefficiency,  neglect  of  duty  or  misconduct  in  office;
  provided, however, that such member shall be given a copy of the charges
  against  him  or  her and an opportunity of being heard in person, or by
  counsel, in his or her defense upon not less than ten days  notice.  Any
  member  required  to be a resident of a specified area shall forfeit his
  or her membership on the governing body upon such  member's  termination
  of  residence in such area, which forfeiture shall create a vacancy. The
  members of  the  authority  shall  receive  no  compensation  for  their
  services but shall be reimbursed for their actual and necessary expenses
  incurred  in  connection  with  the carrying out of the purposes of this
  title; provided, however, that no member shall  be  reimbursed  for  any
  expense  exceeding  one  thousand  dollars  incurred with respect to any
  individual purpose unless the governing body at a  meeting  duly  called
  and  held  when  a  quorum  of  three  members  are  present  shall have
  authorized the incurrence of such expense by such member. 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  three  members  are
  present.  No action shall be taken except pursuant to the favorable vote
  of at least three voting members. All votes must be made in person at  a
  meeting  and  no  vote  may  be  made  by  proxy. 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  chair, a
  vice-chair, a treasurer 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
  determine 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 members,  officers,  executive  director,  if
  any,  comptroller,  if  any,  and  counsel,  if  any, shall be an exempt
  position  under  any  rule  or  classification  of  the  civil   service
  commission.  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, 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 of 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: (1) the name of the authority; (2) the names of
  the  members  appointed by the council, the mayor, the county executive,
  and the towns and their terms of office; and (3) 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 jointly in the city and the towns and villages in the service  area
  in such a manner as prescribed by law.
    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  service  area  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.
    6.  Nothing  in this title shall be construed to obligate the state in
  any way  in  connection  with  the  operations  or  obligations  of  the
  authority.