N.Y. Public Authorities Law § 1053: Erie county water authority

§ 1053. Erie county water authority. 1. A corporation known as "Erie

county water authority" is hereby created for the 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 consist of three members, all of whom

shall be residents of the county. Not more than two members of the said

authority in office at any time shall belong to the same political

party. The appointment, pursuant to the provisions of chapter eight

hundred forty-five of the laws of nineteen hundred forty-nine, of the

first members, Richard F. Ball, Jerome D. Van De Water, and John Horner,

for the terms, respectively, of one year, two years and three years from

the twenty-seventh day of April, nineteen hundred forty-nine, is hereby

ratified and confirmed. Any subsequent appointment shall be made for a

term of three years and shall be made by the chairman of the board of

supervisors of the county of Erie, pursuant to nominations in writing by

the majority, respectively, of the supervisors of each political party

represented on such board of supervisors, subject to confirmation by a

majority of such board of supervisors. All members shall continue to

hold office until their successors are appointed and qualify. The

appointment of the first chairman, John Horner, pursuant to the

provisions of chapter eight hundred forty-five of the laws of nineteen

hundred forty-nine, for a term of one year from the twenty-seventh day

of April, nineteen hundred forty-nine, is hereby ratified and confirmed.

Subsequent chairmen shall be elected annually by the members of the

authority. Vacancies, occurring otherwise than by expiration of term of

office, shall be filled by appointments by the board of supervisors for

the unexpired terms. Members of the authority may be removed from office

for the same reasons and in the same manner as may be provided by law

for the removal of officers of the county. The members of the authority

shall receive such compensation for their services as shall be fixed by

the board of supervisors and be reimbursed for all expenses incurred in

connection with the carrying out of the purposes of this title. The

powers of the authority shall be vested in and be exercised by the

members at a meeting duly called and held and two members shall

constitute a quorum. No action shall be taken except pursuant to the

favorable vote of at least two members. The authority may delegate to

one or more of its members, officers, agents or employees such powers

and duties as it may deem proper.

2. The authority and its corporate existence shall continue for a

period of twelve years from the twenty-seventh day of April, nineteen

hundred forty-nine, and thereafter until all its liabilities have been

met and its bonds have been paid in full or such liabilities or bonds

have otherwise been discharged and thereupon all rights and properties

of the authority shall pass to and be vested in the county of Erie.

3. The officers of the authority shall consist of a chairman, a

vice-chairman and a treasurer who shall be members of the authority, and

a secretary, who need not be a member of the authority. The

vice-chairman, treasurer and secretary shall be appointed by the

authority and shall serve at the pleasure of the authority. The

authority may appoint an attorney and an engineer and such additional

officers and employees as it may require for the performance of its

duties, fix and determine their qualifications, duties, and

compensation, subject to the provisions of the civil service law of the

state of New York and such rules as the personnel officer of the county

of Erie may adopt and make applicable to such authority. The authority

may also from time to time contract for expert professional services.

The treasurer shall execute a bond, conditioned upon the faithful

performance of the duties of his office, the amount and sufficiency of

which shall be approved by the authority and the premium therefor shall

be paid by the authority.

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

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

the benefit of the people of the county of Erie and the state of New

York, for the improvement of their health, welfare and prosperity and

that the said 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.

5. Upon the creation of the authority and thereafter, the board of

supervisors may, by resolution, from time to time appropriate sums of

money to defray the preliminary expenses of the authority incurred in

the exercise of the powers conferred upon it by this title and shall

include among other costs, the costs incurred by the authority for

administrative, engineering, accounting and legal services. Upon the

issuance of bonds for any of the purposes authorized by this title the

authority shall repay to the county of Erie that portion of the moneys

appropriated by the county and expended by the authority in connection

with and attributed to the purpose or purposes for which the bonds were

issued. Any such allocation shall be subject to the approval of the

comptroller of the county of Erie.