§ 1230-C — Niagara Falls public water authority

New York § 1230-C

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 10-B: Niagara Falls Public Water Authority
• Art. 5: Public Utility Authorities

Text

§ 1230-c. Niagara Falls public water authority. 1. A public\ncorporation to be known as the "Niagara Falls public water authority" is\nhereby created for the public purposes and charged with the duties and\nhaving the powers provided in this title. The authority shall be a body\ncorporate and politic constituting a public benefit corporation.\n 2. The governing body of the authority shall consist of a total of\nthree members, one of which is to be appointed by the mayor, one to be\nappointed by the temporary president of the senate at the recommendation\nof the senator or senators representing all or a portion of the city,\nand one to be appointed by the speaker of the assembly at the\nrecommendation of the assembly member or members representing all or a\nportion of the city. At all times, at least one member shall be a\nresident of the city. The member to be appointed by the mayor shall be\nappointed for a term of office ending on December thirty-first of the\nthird year following the year in which this title shall have become a\nlaw, the member to be appointed by the temporary president of the senate\nshall be appointed for a term ending on the thirty-first day of December\nof the fourth year following the year in which this title shall have\nbecome a law, and the member to be appointed by the speaker of the\nassembly shall be appointed for a term ending on the thirty-first day of\nDecember of the fifth year following the year in which this title shall\nhave become a law. Subsequent appointments of members shall be made for\na term of three years ending in each case on December thirty-first of\nthe last year of such term. All members shall continue to hold office\nuntil their successors are appointed and qualify. All members shall\nhold, at a minimum, a bachelor's degree from an accredited college or\nuniversity, with concentration or degree in one of the following areas\nof study and at least five years of professional experience therein, or\nwithout such degree, such member shall have at least ten years of\nprofessional experience in one of the following fields: legal,\nenvironmental, financial, management, engineering, human resources, or\nscience. Vacancies shall be filled in the manner provided for original\nappointment. Vacancies, occurring other than by expiration of term of\noffice, shall be filled by appointment for the unexpired terms. Members\nmay be removed from office only for the same reasons and in the same\nmanner as provided by section twenty-eight hundred twenty-seven of this\nchapter. Each member shall attend, in each fiscal year, at least\nseventy-five percent of all meetings of the governing body. Any member\nfulfilling the requirement that at least one member be a resident of the\ncity shall forfeit his or her membership on the governing body upon such\nmember's termination of residence in the city, which forfeiture shall\ncreate a vacancy. The members of the authority shall receive no\ncompensation for their services but shall be reimbursed for their\nactual, necessary expenses incurred in connection with the carrying out\nof the purposes of this title; provided, however, that no member shall\nbe reimbursed for any expense of attending ordinary authority meetings\nor any other expense exceeding one thousand dollars incurred with\nrespect to any individual purpose, unless the governing body at a\nmeeting duly called and held when all three members are present shall\nhave authorized such expenditure by such member. The powers of the\nauthority shall be vested in and be exercised by the governing body at a\nmeeting duly called and held where a quorum of at least two members are\npresent. Any one or more members of the authority may participate in a\nmeeting of such authority by means of a conference telephone or similar\ncommunications equipment allowing all persons participating in the\nmeeting to hear or see and hear each other at the same time.\nParticipation by such means shall constitute presence in person at a\nmeeting. The vote of a majority of the members present at the time of\nthe vote, if a quorum is present at such time, shall be the act of the\nauthority. No action shall be taken except pursuant to the favorable\nvote of at least two voting members. All votes must be made in person at\na meeting and no vote may be made by proxy. The governing body may\ndelegate to one or more of its members, officers or agents such powers\nand duties as it may deem proper.\n 3. The officers of the authority shall consist of a chair, a\nvice-chair, a treasurer, and a secretary. Such secretary or treasurer\nneed not be a member of the authority. Such officers shall be appointed\nby the governing body and shall serve in such capacities at the pleasure\nof the governing body. In addition to the treasurer or secretary, the\ngoverning body may appoint and at pleasure remove such additional\nofficers as it may determine necessary for the performance of the powers\nand duties of the authority. The governing body may also from time to\ntime contract for expert professional services. The treasurer shall\nexecute a bond, conditioned upon the faithful performance of the duties\nof his or her office. The amount and sufficiency of such bond 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 state\nagency, shall forfeit his or her office or employment or any benefits\nprovided under the retirement and social security law by reason of his\nor her acceptance of appointment as a member, officer or agent of the\nauthority, nor shall service as such member, officer or agent be deemed\nincompatible or in conflict with such office, membership or employment.\n 5. (a) The mayor shall file on or before December 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: (i) the name of the authority; (ii) the names of the\nmembers appointed by the mayor; and (iii) the effective date of the\nspecial act of the state legislature creating the authority. If such\ncertificate is not filed with the secretary of state on or before such\ndate, then the corporate existence of the authority shall thereupon\nterminate and it shall thereupon be deemed 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, or so long as the water board shall have\ncontractual duties or obligations outstanding unless adequate provision\nhas been made for the satisfaction thereof. Upon termination of the\nexistence of the authority, all of the rights, obligations and\nproperties of the authority then remaining shall pass to and vest to the\ncity, with the city's consent, if the authority acquired such property\nfrom the city, or to a municipality, with the municipality's consent, if\nthe authority acquired such property from such municipality, unless\notherwise provided in an agreement between the city or municipality and\nthe authority, and except as otherwise may be specified by 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 service area and the state for\nthe improvement of their health, welfare and prosperity and that such\npurposes are public purposes and that the authority is and will be\nperforming an essential governmental function in the exercise of the\npowers conferred upon it by this 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