§ 1115-E — Water board

§ 1115-e. 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 five members, who shall be\nresidents of the city and appointed by the mayor. The first members\nappointed by the mayor shall be appointed for the following terms of\noffice: one for a term ending on December thirty-first of the second\nyear following the year in which the special act of the state\nlegislature creating the water board shall have become law, two for a\nterm ending on December thirty-first of the third year following the\nyear in which such special act shall have become law, and two for a term\nending on December thirty-first of the fourth year following the year in\nwhich such special act shall have become law. Subsequent appointments of\nmembers shall be made for a term of three years ending in each case on\nDecember thirty-first of the last year of such term. No member shall be\na member of the governing body of the authority. Any member appointed by\nthe mayor who is not an employee of the city of Albany shall be deemed a\npublic member. All members shall continue to hold office until their\nsuccessors are appointed and qualified. Vacancies shall be filled in\nthe manner provided for original appointments. Vacancies, occurring\notherwise than by expiration of term of office, shall be filled by\nappointment for the unexpired terms. Members may be removed from office\nfor the same reasons and in the same manner as may be provided by law\nfor the removal of officers of the city. Each public member shall be\nentitled to a salary of five thousand dollars per annum. All members\nshall receive no reimbursement for the ordinary expenses of attending\nmeetings, but may by resolution of the water board be allowed their\nexpenses of a special or extraordinary nature. A public member may\nreceive additional compensation to be fixed by the members, if appointed\nan officer of the water board. The powers of the water board shall be\nvested in and be exercised by the governing body at a meeting duly\ncalled and held where a quorum of three members is present. No action\nshall be taken except pursuant to the favorable vote of at least three\nmembers. The governing body may delegate to one or more of its members,\nofficers, agents or employees such powers and duties as it may deem\nproper.\n 3. The officers of the water board shall consist of a chairman, a\nvice-chairman and a treasurer, who shall be members of the water board,\nand a secretary, who need not be a member of the water board. 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 or her office, the amount and sufficiency of which shall\nbe approved by the governing body and the premium therefor shall be paid\nby the water board.\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 water board,\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 the special act of the state\nlegislature creating the water board shall have become law, in the\noffice of the secretary of state, a certificate signed by the mayor\nsetting forth: (1) the name of the water board; (2) the names of the\nmembers appointed by the mayor and their terms of office; and (3) the\neffective date of the special act of the state legislature creating the\nwater board. If such certificate is not filed with the secretary of\nstate on or before such date, then the corporate existence of the water\nboard shall thereupon terminate and it shall thereupon be deemed to be\nand shall be dissolved.\n (b) The water board and its corporate existence shall continue until\nterminated by law, provided, however, that no such law shall take effect\nso long as the water board shall have contractual duties or obligations\noutstanding unless adequate provision has been made for the satisfaction\nthereof. Upon termination of the existence of the water board, all of\nthe rights and properties of the water board then remaining shall pass\nto and vest in the city.\n 6. 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