§ 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.