§ 1048-F — Water board

New York § 1048-F

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

Text

§ 1048-f. Water board. 1. A city water board may be created by a\nspecial act of the state legislature at the request of the city, as a\nbody corporate and politic, constituting a corporate municipal\ninstrumentality of the state and having the powers and duties as\nprovided in this title.\n 2. The water board shall consist of seven members appointed by the\nmayor and confirmed by the common council of the city. Terms of office\nof the members shall be two years except that the terms of four of the\nboard members first appointed shall be one year. At least one member\nshall have experience in the science of water resource development. No\nmember shall be a director of the authority. The mayor shall appoint a\nchairman from among the members of the board. All members shall continue\nto hold office until their successors are appointed and qualified.\nVacancies shall be filled in the manner provided for original\nappointments. Vacancies, occurring otherwise than by expiration of term\nof office, shall be filled in the same manner as original appointments\nfor the unexpired terms.\n 3. Each member of the water board shall be entitled to reimbursement\nfor his actual and necessary expenses incurred in the performance of his\nofficial duties and a per diem allowance of one hundred fifty dollars\nwhen rendering service as a member; provided that the aggregate of such\nper diem allowance to any one member in any one fiscal year of the board\nshall not exceed the sum of five thousand dollars.\n 4. Notwithstanding any inconsistent provision of law, general, special\nor local, or any city charter, no officer or employee of the city shall\nbe deemed to have forfeited or shall forfeit his office or employment or\nany benefits provided under the retirement and social security law, by\nreason of his acceptance of membership on the water board, provided,\nhowever, that a member of the board who holds other public office or\nemployment shall receive no additional compensation for services\nrendered pursuant to this title, but shall be entitled to reimbursement\nfor his actual and necessary expenses incurred in the performance of\nsuch services.\n 5. The mayor may remove any member for inefficiency, neglect of duty\nor misconduct in office after giving such member a copy of the charges\nagainst such member and an opportunity to be heard and defended, in\nperson or by counsel, upon not less than ten days' notice. If any member\nshall be so removed, the mayor shall file in the office of the clerk of\nthe city a complete statement of charges against such member, and the\nmayor's findings thereon, together with a complete record of the\nproceedings.\n 6. Members of the water board, other than members holding other public\noffice or employment, may engage in private employment, or in a\nprofession or business, subject to the limitations contained in chapter\neight section ninety-two of the Buffalo code of ordinances.\n 7. A majority of the members of the water board shall constitute a\nquorum for the transaction of any business or the exercise of any power\nof the board. The water board shall have power to act by the affirmative\nvote of not less than a majority of the members in office at any duly\nheld meeting thereof. The water board may delegate to one or more of its\nmembers or its officers, agents and employees, such powers and duties as\nit may deem proper. Any member who is an officer of the city may, by\nwritten instrument, filed with and approved as to form by the board,\ndesignate another city officer to perform in his absence his duties\nunder this title. The term "member" as used in this section shall\ninclude such persons so designated as provided herein. The designation\nof any such person shall be deemed temporary only and shall not affect\nthe civil service or retirement rights of the person so designated.\n 8. The water board and its corporate existence shall continue so long\nas it shall have contractual duties or obligations outstanding and until\nits existence shall be terminated by law. Upon termination of the\nexistence of the water board, all of the rights and assets of the water\nboard then remaining shall pass to and vest in the city.\n 9. It is hereby determined and declared that the water board 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 water board is and will be performing an essential\ngovernmental function in the exercise of the powers conferred upon it by\nthis title.\n