Village of Bath, NY Chapter 28 Utility Commission

[HISTORY: Adopted by the Board of Trustees of the Village of Bath 2-18-1938. Amendments noted where applicable.]

§ 28-1 Establishment; membership; authority. [1]

[Amended 1-17-2012; 10-17-2016 by L.L. No. 5-2016]

A. A municipal board or commission shall be established authorized by § 3-308 of the Village Law, such municipal board or commission to consist of five members. The Board of Trustees shall appoint such commissioners, whose terms shall be five years and shall be fixed so that one shall expire on December 1 in each official year for the following five years, as provided by the Village Law.

B. Except as provided in § 28-2 below, there be and is hereby conferred upon such municipal board or commission all the powers, duties and responsibilities which could or might be exercised by a separate board of water, light, gas and sewer commissioners, hereby giving and granting to such municipal board or commission, when appointed, all the powers, rights, duties, privileges and responsibilities which, under the provisions of the law, can be delegated to such municipal board or commission in the care, maintenance, control, operation, supervision and management of the municipal waterworks and the light, gas and sanitary sewer systems.

[1] Editor's Note: Original Section 1, which immediately preceded this section and abolished the former Lighting Commission, was repealed 4-30-1979.

§ 28-2 Powers and duties.

[Amended 10-17-2016 by L.L. No. 5-2016]

A. The Utility Commission may make recommendations to the Village Board of Trustees pertaining to the employment, hiring, removal, termination or suspension of persons under consideration for or holding the utility positions of director, assistant director, and accounting supervisor;

B. The Village Board of Trustees of the Village of Bath shall have the sole power to employ, hire, remove, terminate or suspend persons under consideration for or holding the utility positions of director, assistant director, and accounting supervisor, with or without the recommendation of the Utility Commission.

C. Subject to the express approval of the Village Board of Trustees, the following powers are hereby conferred upon said municipal board or commission by this chapter:

(1) Hire and employ the necessary supervisors and labor, fix their compensation and discharge the same.

(2) Adopt such ordinances, rules, regulations and rates as it may deem necessary and proper.

(3) Make such extensions, additions and improvements as it may deem expedient and proper.

§ 28-3 Attendance of Commissioners required.

[Added 10-17-2016 by L.L. No. 5-2016[1]]

It shall be the duty of each Utility Commissioner to attend all meetings of the Commission; and if any Commissioner shall fail to attend two consecutive meetings of the Utility Commission after having been regularly notified and a satisfactory cause for each nonattendance is not shown, the Village Board of Trustees may declare that office vacant and proceed to fill said vacancy.

[1] Pursuant to this local law, former §§ 28-3 through 28-5 were renumbered as §§ 28-4 through 28-6, respectively.

§ 28-4 Designation of Clerk.

The Village Clerk shall be the Clerk of said municipal board or commission.

§ 28-5 Receipt of funds.

All funds coming into the hands of the board or commission or any of its agents or employees shall be promptly paid to the Village Treasurer to the credit of the proper fund. Separate funds shall be maintained as to all moneys belonging to or pertaining to the waterworks system, the electric light system, the gas system and the sanitary sewer system.

§ 28-6 Payment of bills and expenses.

The municipal board or commission shall pay all bills, debts and expenses contracted by it out of the several funds available for the several purposes hereinbefore specified when the proper claims therefor have been presented and have been audited by the board or commission, by orders drawn upon the Village Treasurer and signed by the Chairman or Vice Chairman of the municipal board or commission and countersigned by the Village Clerk.