§ 1120-c. Clifton Park water authority. 1. A public corporation to be
known as the Clifton Park 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, the objects of which
in the judgment of the legislature cannot be attained under general
laws. The authority shall be governed by a board of five members, who
shall be residents of the town of Clifton Park and be appointed by the
Clifton Park town board. The first members shall be appointed for the
following terms of office: the two most junior council members on the
town board shall each appoint one member for a term ending on December
thirty-first of the third year following the year in which this title
shall have become law; the other two council members on the town board
shall each appoint one member for a term ending on December thirty-first
of the fourth year following the year in which this title shall have
become law; and the town supervisor shall appoint a member for a term
ending on December thirty-first of the fifth year following the year in
which this title shall have become law. No elected officials shall be
members of the water authority. Subsequent appointments of members shall
be made by a vote of the majority of the members of the town board for a
term of five 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. In no event shall more than
three members belong to the same political party. Vacancies shall be
filled in the manner provided for subsequent appointments. Vacancies,
occurring otherwise than by expiration of term of office, shall be
filled 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 town. They shall receive no reimbursement
for the ordinary expenses of attending meetings, but may by resolution
of the authority be allowed their expenses of a special or extraordinary
nature.

2. The powers of the authority shall be vested in and be exercised by
the board 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 members. The board may delegate to one
or more of its members, officers, agents or employees such powers and
duties as it may deem proper.

3. 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. The chairman
shall be appointed by the town supervisor for a one year term coinciding
with the calendar year and the remaining officers shall be appointed by
the chairman and shall act in such capacities at the pleasure of the
chairman. The chairman may be appointed to subsequent terms without
limitations. In addition to the secretary, the board may appoint and at
pleasure remove such additional officers and employees as it may
determine necessary or desirable for the performance of the powers and
duties of the authority which positions shall be in exempt class of
civil service, and fix and determine their qualifications, duties and
compensation, 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 board 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 or 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; provided, however, that no elected
official shall be a member of the authority.

5. (a) The town supervisor shall file on or before March thirty-first
of the year following the year in which this title shall have become a
law, in the office of the secretary of state, a certificate signed by
the town supervisor setting forth:

(1) the name of the authority;

(2) the names of the members appointed by the town board and their
terms of office; and

(3) the effective date of this title. The authority shall be perpetual
in duration, except that 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. The town supervisor may file in the
office of the secretary of state an amended certificate signed by him or
her setting forth any change in the name of the authority. The failure
of the town supervisor to file an amended certificate shall not in any
way affect the corporate existence of the authority.

(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 town.

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 regulations 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 and duties are in all respects for the
benefit of the people of the town 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. In carrying out its functions the authority shall take into
consideration the local zoning and planning regulations as well as local
comprehensive land use plans.