§ 1048-C — Buffalo municipal water finance authority

New York § 1048-C

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 2-B: Buffalo Municipal Water Finance Authority
• Art. 5: Public Utility Authorities

Text

§ 1048-c. Buffalo municipal water finance authority. 1. A corporation\nknown as the Buffalo municipal water finance authority is hereby created\nfor public purposes and charged with the duties and having the powers\nprovided in this title. The authority shall be a body corporate and\npolitic constituting a public benefit corporation. It shall be\nadministered by a board of directors consisting of seven members as\nfollows: the commissioner of public works of the city, the state\ncommissioner of environmental conservation, the chairperson of the\nfinance committee of the common council of the city, the commissioner of\nadministration and finance of the city, two public members to be\nappointed by the mayor and confirmed by the common council of the city,\nand one public member to be appointed by the governor. One public member\nappointed by the mayor shall serve for a term of one year, one public\nmember appointed by the mayor shall serve for a term of two years, and\nthe public member appointed by the governor shall serve for a term of\ntwo years from January first next succeeding the date of their\nappointment. Their successors shall serve for terms of two years each.\nMembers shall continue in office until their successors have been\nappointed and qualified. The mayor or the governor shall fill any\nvacancy which may occur by reason of death, resignation or otherwise in\na manner consistent with the original appointment. A public member may\nbe removed by the mayor or the governor, whichever appointed him, for\ncause, but not without an opportunity to be heard in person or by\ncounsel, in his defense, upon not less than ten days' notice. The board\nof directors shall select a chairman from among the directors who shall\nserve in such capacity at the pleasure of the board. The chairman shall\npreside over all meetings of the board of directors and shall have such\nother duties as may be prescribed by the board.\n 2. Each director who is a public member shall be entitled to\nreimbursement for his actual and necessary expenses incurred in the\nperformance of his official duties and a per diem allowance of one\nhundred fifty dollars when rendering service as such director, provided\nthat the aggregate of such per diem allowance to any one director in any\none fiscal year of the authority shall not exceed the sum of five\nthousand dollars.\n 3. Such public members may engage in private employment, or in a\nprofession or business, subject to the limitations contained in chapter\nVIII sections ninety through ninety-two of the Buffalo city ordinances\nfor members appointed by the mayor, and subject to sections\nseventy-three and seventy-four of the public officers law, for the\nmembers appointed by the governor. The authority shall, for the purposes\nof such sections be a "city agency" or a "state agency", as the case may\nbe and such directors shall be "officers" of the authority for purposes\nof such sections.\n 4. Four directors of the authority of whom at least three members\nshall be ex officio shall constitute a quorum for the transaction of any\nbusiness or the exercise of any power of the authority. Resolutions\nauthorizing the issuance of bonds or notes of the authority and\nresolutions authorizing any loan, lease, sale or other agreement in\nrespect to a water project shall be approved by not less than four\nmembers of the authority at a meeting duly called for such purposes at\nwhich a quorum is in attendance, but for the transaction of any other\nbusiness or the performance of any other power or function of the\nauthority, the authority may act by a majority of the members present at\nany meeting at which a quorum is in attendance. The authority may\ndelegate to one or more of its directors, or its officers, agents and\nemployees, such powers and duties as it may deem proper. The comptroller\nshall be the chief fiscal officer of the authority. The commissioner of\npublic works of the city, the state commissioner of environmental\nconservation, the director of the budget of the city, and the\ncommissioner of administration and finance of the city may each, by\nwritten instrument, filed with and approved as to form by the authority,\ndesignate a deputy or assistant in their respective departments or\noffices, to perform, in their absence, their respective duties under\nthis title. The term "director" as used in this subdivision shall\ninclude such persons so designated as provided herein. The designation\nof such persons shall be deemed temporary only and shall not affect the\ncivil service or retirement rights of any persons so designated.\n 5. Notwithstanding any inconsistent provisions of this or any other\nlaw, general, special or local, or of any charter, no officer or\nemployee of the city or the state, shall be deemed to have forfeited or\nshall forfeit his office or employment or any benefits provided under\nthe retirement and social security law by reason of his acceptance of\nmembership on the authority, provided, however, that a director who\nholds such other public office or employment shall receive no additional\ncompensation for services rendered pursuant to this title, but shall be\nentitled to reimbursement for his actual and necessary expenses incurred\nin the performance of such services.\n 6. The authority and its corporate existence shall continue until\nterminated by law, provided, however, that no such law shall take effect\nso long as the authority shall have bonds or other obligations\noutstanding unless adequate provision has been made for the payment or\nsatisfaction thereof. Upon termination of the existence of the\nauthority, all of the rights and properties of the authority then\nremaining shall pass to and vest in the city, unless otherwise provided\nin an agreement between the city and the authority, and except as\notherwise may be specified in such law.\n 7. It is hereby determined and declared that the authority and the\ncarrying out of its powers and duties are in all respects for the\nbenefit of the people of the city and the state for the improvement of\ntheir health, welfare and prosperity and that such purposes are public\npurposes and that the authority is and will be performing an essential\ngovernmental function in the exercise of the powers conferred upon it by\nthis title.\n 8. Nothing in this title shall be construed to obligate the state in\nany way in connection with the operations or obligations of the\nauthority.\n