§ 1199-c. Rensselaer county water and sewer authority. 1. A public
corporation, to be known as the "Rensselaer 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 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. It shall consist of five members,
who shall be residents of the county and be appointed by the county
executive; one upon recommendation of the chairman of the county
legislature and one upon recommendation of the minority leader, no more
than three members shall be members of the same political party. The
first members appointed by the county executive shall be appointed for
the following terms of office: one for a term ending on December
thirty-first of the second year following the year in which this title
shall have become law, two for a term ending on December thirty-first of
the third year following the year in which this title shall have become
law; and two for a term ending on December thirty-first of the fourth
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 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
such salary as shall be determined by local law. They shall receive no
reimbursement for the ordinary expenses of attending meetings, but may
by resolution by the authority be allowed their expenses of a special or
extraordinary nature. A member may receive additional compensation to be
fixed by the county, if appointed an officer of the authority. 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 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, a
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 determine necessary for
the performance of the powers and duties of the authority which position
shall be in the exempt class of civil service, 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,
agent or employee be deemed incompatible or in conflict with such
office, membership or employment.

4. (a) The county executive 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 county executive setting forth: (1) the name of the authority; (2)
the names of the members appointed by the county executive 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.

(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.

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.