N.Y. Public Authorities Law § 1048-c: Buffalo municipal water finance authority

§ 1048-c. Buffalo municipal water finance authority. 1. A corporation

known as the Buffalo municipal water finance authority is hereby created

for public purposes and charged with the duties and having the powers

provided in this title. The authority shall be a body corporate and

politic constituting a public benefit corporation. It shall be

administered by a board of directors consisting of seven members as

follows: the commissioner of public works of the city, the state

commissioner of environmental conservation, the chairperson of the

finance committee of the common council of the city, the commissioner of

administration and finance of the city, two public members to be

appointed by the mayor and confirmed by the common council of the city,

and one public member to be appointed by the governor. One public member

appointed by the mayor shall serve for a term of one year, one public

member appointed by the mayor shall serve for a term of two years, and

the public member appointed by the governor shall serve for a term of

two years from January first next succeeding the date of their

appointment. Their successors shall serve for terms of two years each.

Members shall continue in office until their successors have been

appointed and qualified. The mayor or the governor shall fill any

vacancy which may occur by reason of death, resignation or otherwise in

a manner consistent with the original appointment. A public member may

be removed by the mayor or the governor, whichever appointed him, for

cause, but not without an opportunity to be heard in person or by

counsel, in his defense, upon not less than ten days' notice. The board

of directors shall select a chairman from among the directors who shall

serve in such capacity at the pleasure of the board. The chairman shall

preside over all meetings of the board of directors and shall have such

other duties as may be prescribed by the board.

2. Each director who is a public member shall be entitled to

reimbursement for his actual and necessary expenses incurred in the

performance of his official duties and a per diem allowance of one

hundred fifty dollars when rendering service as such director, provided

that the aggregate of such per diem allowance to any one director in any

one fiscal year of the authority shall not exceed the sum of five

thousand dollars.

3. Such public members may engage in private employment, or in a

profession or business, subject to the limitations contained in chapter

VIII sections ninety through ninety-two of the Buffalo city ordinances

for members appointed by the mayor, and subject to sections

seventy-three and seventy-four of the public officers law, for the

members appointed by the governor. The authority shall, for the purposes

of such sections be a "city agency" or a "state agency", as the case may

be and such directors shall be "officers" of the authority for purposes

of such sections.

4. Four directors of the authority of whom at least three members

shall be ex officio shall constitute a quorum for the transaction of any

business or the exercise of any power of the authority. Resolutions

authorizing the issuance of bonds or notes of the authority and

resolutions authorizing any loan, lease, sale or other agreement in

respect to a water project shall be approved by not less than four

members of the authority at a meeting duly called for such purposes at

which a quorum is in attendance, but for the transaction of any other

business or the performance of any other power or function of the

authority, the authority may act by a majority of the members present at

any meeting at which a quorum is in attendance. The authority may

delegate to one or more of its directors, or its officers, agents and

employees, such powers and duties as it may deem proper. The comptroller

shall be the chief fiscal officer of the authority. The commissioner of

public works of the city, the state commissioner of environmental

conservation, the director of the budget of the city, and the

commissioner of administration and finance of the city may each, by

written instrument, filed with and approved as to form by the authority,

designate a deputy or assistant in their respective departments or

offices, to perform, in their absence, their respective duties under

this title. The term "director" as used in this subdivision shall

include such persons so designated as provided herein. The designation

of such persons shall be deemed temporary only and shall not affect the

civil service or retirement rights of any persons so designated.

5. Notwithstanding any inconsistent provisions of this or any other

law, general, special or local, or of any charter, no officer or

employee of the city or the state, shall be deemed to have forfeited or

shall forfeit his office or employment or any benefits provided under

the retirement and social security law by reason of his acceptance of

membership on the authority, provided, however, that a director who

holds such other public office or employment shall receive no additional

compensation for services rendered pursuant to this title, but shall be

entitled to reimbursement for his actual and necessary expenses incurred

in the performance of such services.

6. The authority and its corporate existence shall continue until

terminated by law, provided, however, that no such law shall take effect

so long as the authority shall have bonds or other obligations

outstanding unless adequate provision has been made for the payment or

satisfaction thereof. Upon termination of the existence of the

authority, all of the rights and properties of the authority then

remaining shall pass to and vest in the city, unless otherwise provided

in an agreement between the city and the authority, and except as

otherwise may be specified in such law.

7. It is hereby determined and declared that the authority and the

carrying out of its powers and duties are in all respects for the

benefit of the people of the city and the state for the improvement of

their health, welfare and prosperity and that such purposes are public

purposes and that the authority is and will be performing an essential

governmental function in the exercise of the powers conferred upon it by

this title.

8. Nothing in this title shall be construed to obligate the state in

any way in connection with the operations or obligations of the

authority.