§ 1230-E — Water board

New York § 1230-E

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

Text

§ 1230-e. Water board. 1. A water board, to be known as the "Niagara\nFalls public water board", may be created by a special act of the state\nlegislature as a body corporate and politic, constituting a corporate\nmunicipal instrumentality of the state and having the powers and duties\nas provided in this title.\n 2. The governing body of the water board shall consist of a total of\nfive members, to be appointed and to serve as follows: one member shall\nbe appointed by the governor, one member shall be appointed by the\ntemporary president of the senate at the recommendation of the senator\nor senators representing all or a portion of the city, one member shall\nbe appointed by the speaker of the assembly at the recommendation of the\nassembly member or members representing all or a portion of the city,\none member shall be appointed by the mayor, and one member shall be\nappointed by the majority vote of the city council. At least three of\nthe five members shall be residents of the city. When a vacancy occurs\nthat reduces the number of members who are city residents to less than\nthree, the appointment to fill that vacancy must be a city resident.\nEach member shall attend, in each fiscal year, at least seventy-five\npercent of all meetings of the governing body. Failure by any party to\nappoint any member shall not invalidate the creation or establishment of\nthe water board and shall result in the creation of a vacancy on the\ngoverning body of the water board which may be filled at any time by\nsuch party. The member appointed by the governor shall be appointed for\na term ending on December thirty-first of the first year following the\nyear in which this title shall have become a law; the member appointed\nby the temporary president of the senate shall be appointed for a term\nending on December thirty-first of the second year following the year in\nwhich this title shall have become a law; the member appointed by the\nspeaker of the assembly shall be appointed for a term ending on December\nthirty-first of the third year following the year in which this title\nshall have become a law; the member appointed by the mayor shall be\nappointed for a term ending on December thirty-first of the fourth year\nfollowing the year in which this title shall have become a law; and the\nmember appointed by the city council shall be appointed for a term\nending on December thirty-first of the fifth year following the year in\nwhich this title shall have become a 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. All members shall\ncontinue to hold office until their successors are appointed and\nqualify. All members shall hold, at a minimum, a bachelor's degree from\nan accredited college or university, with a concentration or degree in\none of the following areas of study and at least five years of\nprofessional experience therein, or without such degree, such member\nshall have at least ten years of professional experience in one of the\nfollowing fields: legal, environmental, financial, management,\nengineering, human resources, or science. Vacancies shall be filled in\nthe manner provided for original appointment. 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\nonly for the same reasons and in the same manner as provided by section\ntwenty-eight hundred twenty-seven of this chapter. Any member fulfilling\nthe requirement that at least three members be residents of the city\nshall 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 water board shall receive no\ncompensation for their services but shall be reimbursed for their actual\nand necessary expenses incurred in connection with the carrying out of\nthe purposes of this title; provided, however, that no member shall be\nreimbursed for any expense of attending ordinary board meetings or any\nother expense exceeding one thousand dollars incurred with respect to\nany individual purpose, unless the governing body at a meeting duly\ncalled and held when three members are present shall have authorized\nsuch expenditure by such member. 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 are present. Any one or\nmore members of the water board may participate in a meeting of such\nwater board by means of a conference telephone or similar communications\nequipment allowing all persons participating in the meeting to hear or\nsee and hear each other at the same time. Participation by such means\nshall constitute presence in person at a meeting. No action shall be\ntaken except pursuant to the favorable vote of at least three voting\nmembers. All votes must be made in person at a meeting and no vote may\nbe made by proxy. The governing body may delegate to one or more of its\nmembers, officers, agents or employees such powers and duties as it may\ndeem proper.\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 or\nappropriate for the performance of the powers and duties of the water\nboard, and fix and determine their qualifications, duties and\ncompensation, subject to the provisions of the civil service law and the\nrules of the civil service commission of the city. The governing body\nmay also from time to time contract for expert professional services.\nThe treasurer shall execute a bond, conditioned upon the faithful\nperformance of the duties of his or her office. The amount and\nsufficiency of such bond shall be approved by the governing body and the\npremium therefor shall be paid by 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 municipality, or any state agency,\nshall be deemed to have forfeited or shall forfeit his or her office or\nemployment or any benefits provided under the retirement and social\nsecurity law by reason of his or her acceptance of appointment as a\nmember, officer, agent or employee of the water board, nor shall service\nas such member, officer, agent or employee be deemed incompatible or in\nconflict 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 the special act of the state\nlegislature creating the water board shall have become a law, in the\noffice of the secretary of state, a certificate signed by the mayor\nsetting forth: (i) the name of the water board; (ii) the names of the\nmembers appointed by the governor, the temporary president of the\nsenate, the speaker of the assembly, the mayor, and the city council;\nand (iii) the effective date of the special act of the state legislature\ncreating the water board. If such certificate is not filed with the\nsecretary of state on or before such date, then the corporate existence\nof the water board shall thereupon terminate and it shall thereupon be\ndeemed to be and 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, obligations and properties of the water board then remaining\nshall pass to and vest to the city, with the consent of the city, if the\nwater board acquired such property from the city, or to a municipality,\nwith the consent of such municipality, if the water board acquired such\nproperty from such municipality, unless otherwise provided in an\nagreement with the city or municipality and the water board, and except\nas otherwise may be specified by law.\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 service area and the state for\nthe improvement of their health, welfare and prosperity and that such\npurposes are public purposes and that the water board is and will be\nperforming an essential governmental function in the exercise of the\npowers conferred upon it by this title.\n 7. The water board shall establish and maintain its principal office\nat which it conducts its business in the city. Notwithstanding any\ngeneral, special or local law or any charter provision, the city may,\nand is hereby authorized to lease to the water board such office space\nas the water board determines to be necessary and appropriate for the\nneeds of the water board, which lease shall be for such consideration\nand shall contain such terms and conditions as the water board and the\ncity shall determine reasonable and appropriate.\n 8. The purpose of the act of the legislature establishing the water\nboard shall be, among other things, to provide for the jurisdiction,\ncontrol, possession, supervision and use of the system; authorization to\nmake rules and regulations in furtherance of this title; the enforcement\nof this title, the rules, regulations, permits and orders of the water\nboard in connection with the direct or indirect use of the system\nfacilities by persons within the city and the service area and any other\npersons for whom the water board provides services including, but not\nlimited to, accepting, treating and disposing of wastewater, industrial\nwaste, and other waste, from whatever source derived; and to enable the\nwater board to comply with all applicable laws of the United States and\nthe state, and the rules, regulations, permits and orders of their\nregulatory agencies.\n