§ 1115-b. Albany municipal water finance authority.
1.A public\ncorporation, to be known as the "Albany municipal water finance\nauthority," is hereby created for the public purposes and charged with\nthe duties and having the powers provided in this title. The authority\nshall be a body corporate and politic constituting a public benefit\ncorporation.\n 2. The authority shall consist of seven members, five of whom shall be\nresidents of the city and be appointed by the mayor and two of whom\nshall be appointed by the governor from a list of names submitted by the\nmayor. Of the appointments made by the governor, one shall be a public\nmember for a term ending on the thirty-first day of December of the\nthird year in which this title shall have become a law and one shall be\na public m
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§ 1115-b. Albany municipal water finance authority. 1. A public\ncorporation, to be known as the "Albany municipal water finance\nauthority," is hereby created for the public purposes and charged with\nthe duties and having the powers provided in this title. The authority\nshall be a body corporate and politic constituting a public benefit\ncorporation.\n 2. The authority shall consist of seven members, five of whom shall be\nresidents of the city and be appointed by the mayor and two of whom\nshall be appointed by the governor from a list of names submitted by the\nmayor. Of the appointments made by the governor, one shall be a public\nmember for a term ending on the thirty-first day of December of the\nthird year in which this title shall have become a law and one shall be\na public member for a term ending on the thirty-first day of December of\nthe fourth year in which this title shall have become a law. The first\nmembers appointed by the mayor shall be appointed for the following\nterms of office: one for a term ending on December thirty-first of the\nsecond year following the year in which this title shall have become a\nlaw, two for a term ending on December thirty-first of the third year\nfollowing the year in which this title shall have become a law, and two\nfor a term ending on December thirty-first of the fourth year following\nthe year in which this title shall have become a law. Subsequent\nappointments of members shall be made for a term of three years ending\nin each case on December thirty-first of the last year of such term. Any\nmember appointed by the mayor or the governor who is not an employee of\nthe city of Albany shall be deemed a public member. All members shall\ncontinue to hold office until their successors are appointed and\nqualify. Vacancies shall be filled in the manner provided for original\nappointments. Vacancies, occurring otherwise than by expiration of term\nof office, shall be filled by appointment for the unexpired terms.\nMembers may be removed from office for the same reasons and in the same\nmanner as may be provided by law for the removal of officers of the\ncity. Each public member shall be entitled to a salary of five thousand\ndollars per annum. No member shall receive any reimbursement for the\nordinary expenses of attending meetings, but may by resolution of the\nauthority be allowed their expenses of a special or extraordinary\nnature. The powers of the authority shall be vested in and be exercised\nby the governing body at a meeting duly called and held where a quorum\nof four members are present. No action shall be taken except pursuant to\nthe favorable vote of at least three members. The governing body may\ndelegate to one or more of its members, officers, agents or employees\nsuch powers and duties as it may deem proper.\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. Such\nofficers shall be appointed by the governing body and shall serve in\nsuch capacities at the pleasure of the governing body. In addition to\nthe secretary, the governing body may appoint and at pleasure remove\nsuch additional officers and employees as it may determine necessary for\nthe performance of the powers and duties of the authority, and fix and\ndetermine their qualifications, duties and compensation, subject to the\nprovisions of the civil service law. The governing body may also from\ntime to time contract for expert professional services. The treasurer\nshall execute a bond, conditioned upon the faithful performance of the\nduties of his office, the amount and sufficiency of which shall be\napproved by the governing body and the premium therefor shall be paid by\nthe authority.\n 4. Notwithstanding any inconsistent provision of any general, special\nor local law, ordinance, resolution or charter, no officer, member or\nemployee of the state, the city, any other municipality, or any public\nbenefit corporation, shall be deemed to have forfeited or shall forfeit\nhis or her office or employment or any benefits provided under the\nretirement and social security law by reason of his or her acceptance of\nappointment as a member, officer, agent or employee of the authority,\nnor shall service as such member, officer, agent or employee be deemed\nincompatible or in conflict with such office, membership or employment.\n 5. (a) The mayor shall file on or before March thirty-first of the\nyear following the year in which this title shall have become a law, in\nthe office of the secretary of state, a certificate signed by the mayor\nsetting forth: (1) the name of the authority; (2) the names of the\nmembers appointed by the mayor and their terms of office; and (3) the\neffective date of this title. If such certificate is not filed with the\nsecretary of state on or before such date, then the corporate existence\nof the authority shall thereupon terminate and it shall thereupon be\ndeemed to be and shall be dissolved.\n (b) 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 6. 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 7. 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