§ 41 — Organization

§ 41. Organization. 1. There is hereby created the Utica transit\nauthority. The authority shall be a body corporate and politic\nconstituting a public benefit corporation and shall be perpetual in\nduration and consist of at least five members. The chairman of the\nauthority shall, before the authority becomes operative, cause to be\nfiled in the office of the commissioner, and a duplicate in the office\nof the secretary of state, a certificate signed by him and setting\nforth: (a) the date of the passage of the special act establishing the\nauthority; (b) the name of the authority; and (c) the names of the\nmembers and their terms, specifying which member is chairman.\n 2. Three members, no more than two from any political party, shall be\nappointed by the Mayor of the city of Utica; one for a term of two years\nto terminate on the thirty-first day of December, nineteen hundred and\nseventy-one; one for a term of three years to terminate on the\nthirty-first day of December, nineteen hundred and seventy-one; and one\nfor a term of four years to terminate on the thirty-first day of\nDecember nineteen hundred and seventy-three. Two members, no more than\none from any political party, shall be appointed by the common council\nof the city of Utica; one for a term of two years to be terminated on\nthe thirty-first day of December nineteen hundred and seventy-one; one\nfor a term of three years to terminate on the thirty-first day of\nDecember nineteen hundred and seventy-one. The present membership of the\nUtica transit commission, already so appointed under local law number\nsix of nineteen hundred and sixty-five of the city of Utica, shall\nconstitute the membership of the Utica transit authority for terms\ncoinciding with the present terms of the Utica transit commission. The\npresent chairman of the Utica transit commission shall continue to serve\nhis current term as chairman of the Utica transit authority. The mayor\nof the city of Utica, the majority leader of the common council and the\nminority leader of the common council, as they have already been serving\npursuant to said local law number six of nineteen hundred and\nsixty-five, shall serve as ex-officio members without voting rights of\nthe Utica transit authority.\n Other municipalities electing to participate shall by their governing\nbody appoint one member to the Utica transit authority to serve for a\nterm of three years and who shall have a proportional vote multiplied by\nfive based upon the same percentage as the population of the\nmunicipality he represents bears to the population of the city of Utica,\nsaid populations to be determined by the last decennial or federal\ncounty-wide special census. Any member of the authority shall lose his\nvoting rights for such period of time as the municipality which he\nrepresents fails to make a pro-rata contribution toward the expenses of\nthe operation of the authority.\n A member of the authority shall continue to hold office until a\nsuccessor is appointed and has qualified.\n 3. A majority of the whole number of members of a mass transportation\nauthority then in office shall constitute a quorum for the transaction\nof any business or the exercise of any power of the authority. A mass\ntransportation authority shall have power to act by a majority of the\nmembers present at any meeting at which a quorum is in attendance.\n