§ 1153 — Onondaga county water authority

New York § 1153

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 7: Onondaga County Water Authority
• Art. 5: Public Utility Authorities

Text

§ 1153. Onondaga county water authority. 1. A corporation known as\n"Onondaga County Water Authority" is hereby created for the purposes and\ncharged with the duties and having the powers provided in this title.\nThe authority shall be a body corporate and politic constituting a\npublic benefit corporation and shall be a "public district" for the\npurposes of section eighty-nine-l of the public service law. It shall\nconsist of five members, all of whom shall be residents of the county,\nwho shall be appointed by the chairman of the board of supervisors of\nOnondaga county subject to confirmation by a majority of the board of\nsupervisors of Onondaga county. The first members shall be appointed for\nthe following terms from the effective date of this act, as follows: two\nfor a term of three years, two for a term of two years and one for a\nterm of one year. Subsequent appointments shall be made in the same\nmanner and for terms of three years. All members shall continue to hold\noffice until their successors are appointed and qualify. The first\nchairman shall be designated by the board of supervisors. Subsequent\nchairmen shall be elected annually by the members of the authority.\nVacancies, occurring otherwise than by expiration of term of office,\nshall be filled by appointments by the board of supervisors for the\nunexpired terms. Members of the authority may be removed from office for\nthe same reasons and in the same manner as may be provided by law for\nthe removal of officers of the county. The members of the authority\nshall receive such compensation for their services as shall be fixed by\nthe board of supervisors and shall be reimbursed for all their actual\nand necessary expense incurred in connection with the carrying out of\nthe purposes of this title. The powers of the authority shall be vested\nin and be exercised by the members at a meeting duly called and held and\nthree members shall constitute a quorum. No action shall be taken except\npursuant to the favorable vote of at least three members. The authority\nmay delegate to one or more of its members, officers, agents or\nemployees such powers and duties as it may deem proper.\n 2. The authority and its corporate existence shall continue for a\nperiod of twelve years and thereafter until all its liabilities have\nbeen met and its bonds have been paid in full or such liabilities or\nbonds have otherwise been discharged and thereupon all rights and\nproperties of the authority shall pass to and be vested in the county of\nOnondaga.\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 engineer\nwhich positions, in addition to the position of secretary, shall be in\nthe exempt class of the civil service and such additional officers and\nemployees as it may require for the performance of its duties, fix and\ndetermine their qualifications, duties and compensation, subject to the\nprovisions of the civil service law of the state of New York and such\nrules as the civil service commission of the county of Onondaga may\nadopt and make applicable to such public authority. The authority may\nalso from time to time contract for expert professional services. The\ntreasurer shall execute a bond, conditioned upon the faithful\nperformance of the duties of his office, the amount and sufficiency of\nwhich shall be approved by the authority and the premium therefor shall\nbe 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 Onondaga 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\npreliminary expenses of the authority. The moneys so appropriated shall\nbe repaid by the authority to the county out of the proceeds of the\nfirst bond issue of the authority.\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