[HISTORY: Adopted by the Cayuga County Legislature as indicated in article histories. Amendments noted where applicable.]
[Adopted by L.L. No. 2-1984; amended in its entirety 6-28-2005 by L.L. No. 6-2005, approved at referendum 11-8-2005]
A. 
There is hereby created a County of Cayuga Public Utility Service Agency. The Agency shall consist of seven members, six of whom shall be residents of Cayuga County to be appointed by the Chair of the Legislature with the confirmation of the Board and the seventh member, also to be appointed by the Chair of the Legislature, to be a member of the Cayuga County Legislature serving as an ex officio voting member and chairperson.
B. 
Members of the Agency shall be appointed for a term of four years except that, of those first appointed, four members, including the Chair, shall be appointed for a term of four years and three members shall be appointed for a term of three years. The County Legislature Chair shall designate the terms to be served by the initial members. No member shall hold office beyond the expiration of such member's term unless reappointed.
C. 
Vacancies shall be filled in the same manner as original appointments. Vacancies occurring by other than expiration of term shall be filled for the balance of the unexpired term.
D. 
The Chair of the Legislature may suspend with the approval of the Legislature and may remove any member for inefficiency, neglect of duty, or misconduct in office.
E. 
Neither the Chair nor any other member shall receive a salary. Each member, including the Chair, shall be entitled to reimbursement for actual and necessary expenses incurred in the performance of that member's official duties.
F. 
A majority of the whole number of members of the Agency then in office shall constitute a quorum for the transaction of any business or the exercise of any power of the Agency. For the transaction of any business or the exercise of any power of the Agency, the Agency shall have the power to act by a majority vote of the members present at any meeting at which a quorum is in attendance; however, in no event shall the Agency act without an affirmative vote of three members, notwithstanding any provision to the contrary.
A. 
General powers and duties. The Agency, on behalf of the County, shall have the power to establish, construct, lease, purchase, own, acquire, use and/or operate a public electric utility service, gas utility service and/or alternative energy service within and/or without the territorial limits of the County for the purpose of furnishing to the County or for compensation to inhabitants of the County any electric or other energy service similar to that furnished by any public utility company specified in Article 4 of the Public Service Law and to purchase electrical energy, gas or alternative energy from the State of New York or from any state agency, or other municipal corporation, or from any private or public corporation or other sources and generate energy, or transmit energy, or distribute energy.
B. 
Specific powers and duties. In discharging its power and duties, the Agency:
(1) 
Shall have the authority to contract for or otherwise purchase or acquire low cost hydroelectric power, gas or alternative energy or such other economical forms of adequate and reliable electricity from the State of New York, any agency of the State of New York, other municipal corporation, or any private or public corporation, or other sources, as shall be available for the County.
(2) 
Shall have the authority to negotiate with New York State Electric & Gas, Rochester Gas & Electric, Central East Corporation, Niagara Mohawk, National Grid, and/or other utility companies for the use, by lease and/or by contract, of such portion of the appropriate distribution, substation and transmission facilities necessary to transmit to the County or for compensation to inhabitants of the County such quantities of power as may be acquired by the Agency; and/or sell such power to New York State Electric & Gas, Rochester Gas & Electric, Central East Corporation, Niagara Mohawk, National Grid, and/or other utility companies for resale to its customers inhabiting the County. Contracts and/or leases entered into by the Agency with electric utilities for distribution of power purchased by the Agency shall include provision that the net savings associated with such energy or on taxes shall be passed along to customers and shown separately on their bills as credit.
(3) 
Shall have the authority to determine what, if any, additional facilities and incidental improvements would have to be constructed and/or purchased in connection with the use, by lease and/or contract of the foregoing facilities, to project the estimated cost thereof, and to recommend that the County Legislature authorize the purchase or construction of such facilities or improvements where the Agency determines that same would be desirable and in the interest of the County, provided that the Agency shall not construct and/or purchase such facilities or improvements without the approval of the County Legislature.
(4) 
May appoint, upon approval by the Legislature, an Executive Director to be responsible for the administration and day-to-day operations of the Agency. The Executive Director, who shall not be a member of the Agency, and shall hold office at the pleasure of the Agency and shall be paid a salary to be fixed by the Agency. The Agency shall be empowered to delegate any one or more of its operational and administrative functions or powers to the Executive Director; provided, however that the Agency shall delegate to the Executive Director such functions and powers, including, without limitation, that of appointment, discipline and removal of employees, as are necessary for the Executive Director to discharge his responsibilities.
(5) 
Consistent with applicable law, shall have the authority to make and alter bylaws for its organization and internal management and to its property and facilities, which bylaw, rules and regulations shall be filed with the Clerk of the Legislature.
(6) 
Shall have the authority to enter into contracts, leases and other instruments and to acquire, hold and dispose of real or personal property necessary and convenient to the exercise of its powers.
(7) 
Shall have the authority to appoint, fix the compensation of and provide for the indemnification of such officers and employees as it may require for the performance of its duties and to retain or employ consultants or advisors on a contract basis or otherwise for rendering professional or technical services and advice.
(8) 
Shall have the authority to arrange for temporary financing prior to the receipt of revenues sufficient to meet current costs or expenses by obtaining such advances from the County Treasurer as may be authorized by the County Legislature. Loans obtained in this manner shall possess a sufficient excess of assets over current obligations to permit such repayment.
(9) 
Shall have the authority to initiate and prosecute all inquiries, investigations, surveys, and studies which it may deem necessary or desirable for the effectuation of the powers and duties conferred upon it by this article.
(10) 
Shall have the authority to exercise such other powers granted under law that are necessary or convenient to carry out and effectuate the purposes and provisions of this article.
(11) 
Shall have the authority to study and recommend to the County Legislature the development of alternative energy sources for local needs or conservation purposes.
C. 
Those provisions of County law pertaining to the award and execution of contracts and leases shall apply to the Agency; provided, however, that the Agency, at a public meeting, is hereby empowered to adopt its own rules and regulations, consistent with law, regarding the award and execution of Agency contracts and leases.
D. 
All monies of the Agency shall be managed and used by the Agency for the purposes of the Agency in accordance with sound financial procedures established by the Agency. The Agency shall utilize the fiscal services of the County Treasurer. Monies of the Agency deposited with the County Treasurer shall be subject to requisition by the Chair of the Agency or of such other officer or employee as the Agency shall authorize to make such requisition. All monies of the Agency deposited with the County Treasurer shall be maintained in a separate bank account or accounts and, except for investment purposes, shall not be commingled with any other monies. All deposits of monies with the County Treasurer shall, if required by the County Treasurer or the Agency, be secured by obligations of either the United States or the State of New York or its municipalities of a market value equal at all times to the amount of the deposits.
E. 
The Agency, within 90 days after the end of its fiscal year, shall annually submit to the County Legislature a complete and detailed report setting forth, in addition to the financial statements required by § 7-5 of this chapter, the operations and accomplishments of the Agency during such year and its legislative recommendations in furtherance of the purposes of the Agency.
The method of operation of the rates, rentals and charges for public electric utility service and the procedure for their collection shall be fixed by the County Legislature in accordance with laws. The Agency shall recommend to the County Legislature the establishment of a system of consumer rates, the intent of which shall be to enable the public utility service to be self-liquidating, and shall impose and collect the rates established in a manner consistent with law.
With respect to any property the Agency may acquire within the County from any private utility company, the Agency shall make payments in lieu of taxes to the appropriate municipalities or districts in an amount equal to the amount that would have been paid in real estate or franchise taxes had such private utility continued to use such property.
The Agency shall maintain books of record and account with respect to its operations in accordance with generally accepted accounting principles consistently applied. Within 90 days after the end of the Agency's fiscal year, the Agency shall deliver to the County Legislature its financial statements at the end of such year and for the year then ended in accordance with generally accepted accounting principles and accompanied by a report thereon, prepared by a firm of independent accountants of recognized national standing based upon an audit using generally accepted auditing standards.
The Agency's existence shall continue until terminated by law; provided, however, that no such law shall take effect so long as the Agency shall have obligations outstanding. The terms of the members of the Agency shall expire upon the enactment of a local law terminating the Agency's existence and the County Legislature shall constitute the Agency until the effective date of the Agency's expiration. Upon termination of the existence of the Agency, all its rights and properties shall pass to and be vested in the County. No law terminating the existence of the Agency shall be enacted except upon an affirmative 2/3 vote of all the members of the County Legislature.
If any section, subdivision, paragraph, sentence, clause or provision of this article shall be unconstitutional or be ineffective in whole or in part, to the extent that it is not unconstitutional or ineffective, it shall be valid and effective and no other section, subdivision, paragraph, sentence, clause or provision shall on account thereof be deemed invalid or ineffective.
[Adopted 4-27-2010 by L.L. No. 2-2010]
Pursuant to the provisions of § 1672 of the Vehicle and Traffic Law of the State of New York, there is hereby created in and for the County of Cayuga the Cayuga County Traffic Safety Board, whose powers and duties shall be those as prescribed by virtue of §§ 1673, 1674, 1675, 1676 and 1677 of the Vehicle and Traffic Law of the State of New York.