§ 1095 — Monroe county water authority

New York § 1095

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 5: Monroe County Water Authority
• Art. 5: Public Utility Authorities

Text

§ 1095. Monroe county water authority. 1. A corporation known as\n"Monroe County Water Authority" is hereby created and continued for the\npurposes and charged with the duties and having the powers provided in\nthis title. The authority shall be a body corporate and politic\nconstituting a public benefit corporation and shall be a "public\ndistrict" for the purposes of section eighty-nine-l of the public\nservice law. It shall consist of seven members, no more than five of\nwhom shall belong to one political party and all of whom shall be\nresidents of the county, who shall be appointed by the president of the\ncounty legislature of Monroe county subject to confirmation by a\nmajority of the county legislature of Monroe county. The five persons\nserving as members of the authority on and immediately prior to the\neffective date of this act, or any person appointed to fill a vacancy\nfor the unexpired term of such a member, shall continue as members of\nthe authority for their present terms of office, or the term of his\npredecessor in the case of the filling of a vacancy, or until their\nsuccessor is appointed and qualified and, thereafter, subsequent\nappointments to such membership positions shall be for terms of five\nyears. After the effective date of this act the two additional members\nof the authority, in addition to the five memberships existing on and\nimmediately prior to the effective date of this act, shall be appointed\nby the president of the county legislature of Monroe county subject to\nconfirmation by a majority of the county legislature of Monroe county,\none such appointment to be for a term of office expiring on April first,\nnineteen hundred eighty-one and one such appointment to be for a term of\noffice expiring April first, nineteen hundred eighty-two; upon the\nexpiration of the initial terms of office of such two additional\nmembers, subsequent appointments to fill such memberships shall be for\nterms of five years. In addition, such additional two appointments shall\nbe made in such manner so as to provide that the membership of the\nauthority be composed of seven members, of whom not more than five shall\nbelong to the same political party.\n Subsequent appointments shall be made in the same manner and for terms\nof five years. All members shall continue to hold office until their\nsuccessors are appointed and qualify. The chairman shall be elected\nannually by the members of the authority. Vacancies, occurring otherwise\nthan by expiration of term of office, shall be filled by appointments by\nthe county legislature for the unexpired terms. Members of the\nauthority may be removed from office for the same reasons and in the\nsame manner as may be provided by law for the removal of officers of the\ncounty. The members of the authority shall receive such compensation for\ntheir services as shall be fixed by the county legislature and shall be\nreimbursed for all their actual and necessary expenses incurred in\nconnection with the carrying out of the purposes of this title. The\npowers of the authority shall be vested in and be exercised by the\nmembers at a meeting duly called and held and four members shall\nconstitute a quorum. No action shall be taken except pursuant to the\nfavorable vote of at least four members. The authority may delegate to\none or more of its members, officers, agents or employees such powers\nand duties as it may deem proper. The president of the Monroe county\nlegislature shall further appoint two persons from such legislature for\nthe term of their offices, one from the majority party and one from the\nminority party, to serve as legislative liaisons to the authority on\nbehalf of such legislature.\n 2. The authority and its corporate existence shall continue until all\nits liabilities have been met, other than its liabilities to the county\npursuant to any agreements entered into pursuant to subdivision\nsixteen-b of section one thousand ninety-six, and its bonds have been\npaid in full or such liabilities or bonds have otherwise been discharged\nand thereupon all rights and properties of the authority, including its\nwater properties as defined in subdivision sixteen-b of section one\nthousand ninety-six, shall pass to and be vested in the county;\nprovided, however, that if at the time all such rights and properties of\nthe authority shall pass to and be vested in the county, the authority\nand such county are parties to any agreement and any supplemental\nagreements thereto entered into pursuant to subdivision sixteen-b of\nsection one thousand ninety-six, then the authority and its corporate\nexistence and the powers herein provided for shall continue so long as\nis necessary to enable the authority to exercise the rights and duties\nand fulfill the obligations imposed upon the authority by the provisions\nof any such agreement and any supplemental agreements thereto.\n 3. The officers of the authority shall consist of a chairman, a\nvice-chairman and a treasurer, who shall be members of the authority,\nand a secretary, who need not be a member of the authority. The\nvice-chairman, treasurer and secretary shall be appointed by the\nauthority and shall serve at the pleasure of the authority. The\nauthority may appoint and at pleasure remove an attorney and an\nengineer, which positions, in addition to the position of secretary,\nshall be in the exempt class of the civil service and such additional\nofficers and employees as it may require for the performance of its\nduties, fix and determine their qualifications, duties, and\ncompensation, subject to the provisions of the civil service law of the\nstate of New York and such rules as the civil service commission of the\ncounty of Monroe may adopt and make applicable to such authority. The\nauthority may also from time to time contract for expert professional\nservices. The treasurer shall execute a bond, conditioned upon the\nfaithful performance of the duties of his office, the amount and\nsufficiency of which shall be approved by the authority and the premium\ntherefor shall be paid by the authority.\n 4. It is hereby determined and declared that the authority and the\ncarrying out of its powers, purposes and duties are in all respects for\nthe benefit of the people of the county of Monroe and the state of New\nYork, for the improvement of their health, welfare and prosperity and\nthat the said purposes are public purposes and that the authority is and\nwill be performing an essential governmental function in the exercise of\nthe powers conferred upon it by this title.\n 5. Upon creation of the authority, from time to time the board of\nsupervisors, may, by resolution, appropriate sums of money to defray the\nexpenses of the authority. The moneys so appropriated shall be repaid by\nthe authority to the county out of the proceeds of the first bond issue\nof the authority. The provisions of this subdivision shall not be\napplicable to payments made by the county for the financing of any water\nfacilities in accordance with the provisions of subdivision sixteen-b of\nsection one thousand ninety-six of this title.\n 6. Neither the public service commission nor any other board or\ncommission of like character, shall have jurisdiction over the authority\nin the management and control of its properties or operations or any\npower over the regulation of rates fixed or charges collected by the\nauthority.\n