N.Y. Public Authorities Law § 1177: Buffalo Sewer Authority

§ 1177. Buffalo Sewer Authority. 1. A board, to be known as "Buffalo

Sewer Authority," is hereby created. Such board shall be a body

corporate and politic constituting a public benefit corporation. Such

board shall consist of five members, each of whom shall be a resident of

the city of Buffalo and who shall be appointed by the mayor of the city.

One shall be designated by him to serve until July first, nineteen

hundred thirty-six, two shall be designated by him to serve until July

first, nineteen hundred thirty-seven, and two shall be designated by him

to serve until July first, nineteen hundred thirty-eight. Upon the

expiration of the term of each member, a successor shall be appointed by

the mayor for a term expiring three years after the expiration of the

term of his predecessor. The mayor may remove any member of the board

after giving to such member a copy of the charges against him and an

opportunity to be heard in his defense. If a vacancy shall occur by

reason of the death, disqualification, resignation or removal of a

member, his successor shall be appointed by the mayor for the unexpired

term. Every appointment to the board shall be subject to confirmation by

the common council of the city. The powers of the board shall be vested

in and exercised by a majority of the members thereof then in office.

Such board and its corporate existence shall continue only for a period

of five 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. Upon its ceasing to exist all its rights and

properties shall pass to the city of Buffalo. The members of the board

shall be compensated at the rate of twenty-five hundred dollars per

annum each for a full year's service and the chairman of the board shall

be compensated at the rate of thirty-five hundred dollars per annum for

a full year's service, and in addition thereto, they shall be entitled

to reimbursement of their actual and necessary expenses incurred in the

performance of their official duties. At the first meeting of the board

and at the first meeting thereof in each fiscal year thereafter the

members of the board shall choose from their number a chairman, a

vice-chairman and a secretary. The board may appoint agents and

employees with such powers and duties as it may determine and shall fix

their compensation and pay the same out of funds of the authority.

Except as otherwise provided herein or by the board, the corporation

counsel of the city shall be the attorney for the authority and shall

prosecute and defend all actions and proceedings brought by or against

the authority and shall institute and conduct all legal proceedings by

the authority in the exercise of its powers of eminent domain. The

authority may also use the agents, employees, records and equipment of

the city with the consent of the city.

2. The purpose of this title, among other things, is to provide for

the jurisdiction, control, possession, supervision and use of the

facilities; authorization to make rules and regulations in furtherance

of this title; the enforcement of this title, the rules, regulations,

permits and orders of the authority in connection with the direct or

indirect use of the facilities by persons within the city and the county

of Erie and any other persons from whom the authority accepts, treats

and disposes of sewage, industrial waste, and other waste, from whatever

source derived; and to enable the authority to comply with all

applicable laws of the United States and the state of New York, and the

rules, regulations, permits and orders of their regulatory agencies.

3. 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 served by the facilities and the state, 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 by this title.