N.Y. Public Authorities Law § 1153: Onondaga county water authority

§ 1153. Onondaga county water authority. 1. A corporation known as

"Onondaga 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 and shall be a "public district" for the

purposes of section eighty-nine-l of the public service law. It shall

consist of five members, all of whom shall be residents of the county,

who shall be appointed by the chairman of the board of supervisors of

Onondaga county subject to confirmation by a majority of the board of

supervisors of Onondaga county. The first members shall be appointed for

the following terms from the effective date of this act, as follows: two

for a term of three years, two for a term of two years and one for a

term of one year. Subsequent appointments shall be made in the same

manner and for terms of three years. All members shall continue to hold

office until their successors are appointed and qualify. The first

chairman shall be designated by the board of supervisors. 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 shall be reimbursed for all their actual

and necessary expense 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

three members shall constitute a quorum. No action shall be taken except

pursuant to the favorable vote of at least three 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 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

Onondaga.

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 Onondaga may

adopt and make applicable to such public 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 Onondaga 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

preliminary 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.

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.