§ 2642-C — Chautauqua, Cattaraugus, Allegany and Steuben southern tier extension railroad authority

§ 2642-c. Chautauqua, Cattaraugus, Allegany and Steuben southern tier\nextension railroad authority. 1. There is hereby created the\n"Chautauqua, Cattaraugus, Allegany and Steuben southern tier extension\nrailroad authority" which shall be a body corporate and politic\nconstituting a public benefit corporation.\n 2. The authority shall continue for thirty years from the effective\ndate of this title, or so long as it shall have bonds or other\nobligations outstanding or until its existence shall otherwise be\nterminated by law. Upon the termination of the existence of the\nauthority, all its rights and properties shall pass to and be vested in\nthe participating counties pursuant to any agreements among the\nparticipating counties and the authority.\n 3. The authority shall adopt by-laws governing its operation and keep\na record of its resolutions, transactions, findings and determinations,\nwhich record shall be a public record.\n 4. The authority shall consist of the following fourteen members:\n (a) The county legislative bodies of Chautauqua, Cattaraugus, Allegany\nand Steuben counties each shall appoint three voting members of the\nauthority who shall be residents of such county, upon the recommendation\nof the chief executive (county executive or chair of the county\nlegislative body) of each such county; and\n (b) The southern tier west regional planning and development board,\nupon the recommendation of the chairperson of such board, shall appoint\none member of the authority, who shall be a resident of one of the\ncounties of Chautauqua, Cattaraugus, Allegany or Steuben.\n (c) The Seneca Nation of Indians may appoint a member of such Nation\nto serve in an advisory non-voting capacity.\n 5. The term of office of members of the authority shall be three\nyears. Four of the initial members of the authority shall serve a one\nyear term, four shall serve a two year term and six, including the\nmembers appointed by the southern tier west regional planning and\ndevelopment board, and the Seneca Nation of Indians shall serve a three\nyear term, provided that at the inception of the authority, each county\nshall appoint one member to hold office for three years, one for two\nyears and one for one year.\n 6. All members shall continue to hold office until their successors\nare appointed and qualified. The resignation of any member shall be\nfiled with the appointing authority and shall be effective when so\nfiled. Vacancies occurring otherwise than by expiration of term of\noffice shall be filled for the unexpired term in the same manner as\nprovided for the original appointment.\n 7. The chairperson, vice-chairperson, secretary, and other necessary\nofficers shall be named by a majority vote of all the voting members to\nserve for such period as the members shall decide. The chairperson shall\npreside over the meetings of the authority and shall appoint members of\nthe authority to committees established by the authority to assist the\nauthority in carrying out its duties.\n 8. Any member of the authority may be removed by resolution of the\nentity which appointed such member either for cause or for\nnon-compliance with minimum requirements relating to meeting attendance\nand other criteria as may be established by resolution of such entity.\n 9. No person shall be precluded from serving as a member of the\nauthority as appointed by a county legislative body, the southern tier\nwest regional planning and development board or the Seneca Nation of\nIndians pursuant to this section because such member is an elected or\nappointed official of a municipality, except that no member of the\nauthority shall vote on any matter before the authority which has been\nthe subject of a proposal, application or vote before the municipality\nwhere he or she serves in such elected or appointed capacity.\n 10. The members of the authority shall receive no salary or\ncompensation for their services, but may be reimbursed for authorized,\nactual and necessary travel and expenditures.\n 11. A majority of the whole number of voting members of the authority\nthen in office shall constitute a quorum for the transaction of any\nbusiness or the exercise of any power of the authority. Notwithstanding\nany provision of statute or law to the contrary and except as otherwise\nspecified in this title, for the transaction of any business or the\nexercise of any power of the authority, the authority shall have power\nto act by a majority of the whole number of voting members of the\nauthority.\n 12. The authority shall be deemed a state agency for purposes of\nsection seventy-four of the public officers law, provided, however, that\nno non-voting member of the authority shall be deemed an officer or\nemployee of a state agency.\n