N.Y. Public Authorities Law § 1095: Monroe county water authority

§ 1095. Monroe county water authority. 1. A corporation known as

"Monroe County Water Authority" is hereby created and continued 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 and shall be a "public

district" for the purposes of section eighty-nine-l of the public

service law. It shall consist of seven members, no more than five of

whom shall belong to one political party and all of whom shall be

residents of the county, who shall be appointed by the president of the

county legislature of Monroe county subject to confirmation by a

majority of the county legislature of Monroe county. The five persons

serving as members of the authority on and immediately prior to the

effective date of this act, or any person appointed to fill a vacancy

for the unexpired term of such a member, shall continue as members of

the authority for their present terms of office, or the term of his

predecessor in the case of the filling of a vacancy, or until their

successor is appointed and qualified and, thereafter, subsequent

appointments to such membership positions shall be for terms of five

years. After the effective date of this act the two additional members

of the authority, in addition to the five memberships existing on and

immediately prior to the effective date of this act, shall be appointed

by the president of the county legislature of Monroe county subject to

confirmation by a majority of the county legislature of Monroe county,

one such appointment to be for a term of office expiring on April first,

nineteen hundred eighty-one and one such appointment to be for a term of

office expiring April first, nineteen hundred eighty-two; upon the

expiration of the initial terms of office of such two additional

members, subsequent appointments to fill such memberships shall be for

terms of five years. In addition, such additional two appointments shall

be made in such manner so as to provide that the membership of the

authority be composed of seven members, of whom not more than five shall

belong to the same political party.

Subsequent appointments shall be made in the same manner and for terms

of five years. All members shall continue to hold office until their

successors are appointed and qualify. The chairman 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 county legislature 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 county legislature and shall be

reimbursed for all their actual and necessary 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 four members shall

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

favorable vote of at least four 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. The president of the Monroe county

legislature shall further appoint two persons from such legislature for

the term of their offices, one from the majority party and one from the

minority party, to serve as legislative liaisons to the authority on

behalf of such legislature.

2. The authority and its corporate existence shall continue until all

its liabilities have been met, other than its liabilities to the county

pursuant to any agreements entered into pursuant to subdivision

sixteen-b of section one thousand ninety-six, 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, including its

water properties as defined in subdivision sixteen-b of section one

thousand ninety-six, shall pass to and be vested in the county;

provided, however, that if at the time all such rights and properties of

the authority shall pass to and be vested in the county, the authority

and such county are parties to any agreement and any supplemental

agreements thereto entered into pursuant to subdivision sixteen-b of

section one thousand ninety-six, then the authority and its corporate

existence and the powers herein provided for shall continue so long as

is necessary to enable the authority to exercise the rights and duties

and fulfill the obligations imposed upon the authority by the provisions

of any such agreement and any supplemental agreements thereto.

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 and at pleasure remove an attorney and an

engineer, which positions, in addition to the position of secretary,

shall be in the exempt class of the civil service 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 civil service commission of the

county of Monroe 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 Monroe 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 creation of the authority, from time to time the board of

supervisors, may, by resolution, appropriate sums of money to defray the

expenses of the authority. The moneys so appropriated shall be repaid by

the authority to the county out of the proceeds of the first bond issue

of the authority. The provisions of this subdivision shall not be

applicable to payments made by the county for the financing of any water

facilities in accordance with the provisions of subdivision sixteen-b of

section one thousand ninety-six of this title.

6. Neither the public service commission nor any other board or

commission of like character, shall have jurisdiction over the authority

in the management and control of its properties or operations or any

power over the regulation of rates fixed or charges collected by the

authority.