N.Y. Public Authorities Law § 1230-c: Niagara Falls public water authority

§ 1230-c. Niagara Falls public water authority. 1. A public

corporation to be known as the "Niagara Falls public water authority" is

hereby created for the 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.

2. The governing body of the authority shall consist of a total of

three members, one of which is to be appointed by the mayor, one to be

appointed by the temporary president of the senate at the recommendation

of the senator or senators representing all or a portion of the city,

and one to be appointed by the speaker of the assembly at the

recommendation of the assembly member or members representing all or a

portion of the city. At all times, at least one member shall be a

resident of the city. The member to be appointed by the mayor shall be

appointed for a term of office ending on December thirty-first of the

third year following the year in which this title shall have become a

law, the member to be appointed by the temporary president of the senate

shall be appointed for a term ending on the thirty-first day of December

of the fourth year following the year in which this title shall have

become a law, and the member to be appointed by the speaker of the

assembly shall be appointed for a term ending on the thirty-first day of

December of the fifth year following the year in which this title shall

have become a law. Subsequent appointments of members shall be made for

a term of three years ending in each case on December thirty-first of

the last year of such term. All members shall continue to hold office

until their successors are appointed and qualify. All members shall

hold, at a minimum, a bachelor's degree from an accredited college or

university, with concentration or degree in one of the following areas

of study and at least five years of professional experience therein, or

without such degree, such member shall have at least ten years of

professional experience in one of the following fields: legal,

environmental, financial, management, engineering, human resources, or

science. Vacancies shall be filled in the manner provided for original

appointment. Vacancies, occurring other than by expiration of term of

office, shall be filled by appointment for the unexpired terms. Members

may be removed from office only for the same reasons and in the same

manner as provided by section twenty-eight hundred twenty-seven of this

chapter. Each member shall attend, in each fiscal year, at least

seventy-five percent of all meetings of the governing body. Any member

fulfilling the requirement that at least one member be a resident of the

city shall forfeit his or her membership on the governing body upon such

member's termination of residence in the city, which forfeiture shall

create a vacancy. The members of the authority shall receive no

compensation for their services but shall be reimbursed for their

actual, necessary expenses incurred in connection with the carrying out

of the purposes of this title; provided, however, that no member shall

be reimbursed for any expense of attending ordinary authority meetings

or any other expense exceeding one thousand dollars incurred with

respect to any individual purpose, unless the governing body at a

meeting duly called and held when all three members are present shall

have authorized such expenditure by such member. The powers of the

authority shall be vested in and be exercised by the governing body at a

meeting duly called and held where a quorum of at least two members are

present. Any one or more members of the authority may participate in a

meeting of such authority by means of a conference telephone or similar

communications equipment allowing all persons participating in the

meeting to hear or see and hear each other at the same time.

Participation by such means shall constitute presence in person at a

meeting. The vote of a majority of the members present at the time of

the vote, if a quorum is present at such time, shall be the act of the

authority. No action shall be taken except pursuant to the favorable

vote of at least two voting members. All votes must be made in person at

a meeting and no vote may be made by proxy. The governing body may

delegate to one or more of its members, officers or agents such powers

and duties as it may deem proper.

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

vice-chair, a treasurer, and a secretary. Such secretary or treasurer

need not be a member of the authority. Such officers shall be appointed

by the governing body and shall serve in such capacities at the pleasure

of the governing body. In addition to the treasurer or secretary, the

governing body may appoint and at pleasure remove such additional

officers as it may determine necessary for the performance of the powers

and duties of the authority. The governing body 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 or her office. The amount and sufficiency of such bond shall be

approved by the governing body and the premium therefor shall be paid by

the authority.

4. Notwithstanding any inconsistent provision of any general, special

or local law, ordinance, resolution or charter, no officer, member or

employee of the state, the city, any other municipality, or any state

agency, shall forfeit his or her office or employment or any benefits

provided under the retirement and social security law by reason of his

or her acceptance of appointment as a member, officer or agent of the

authority, nor shall service as such member, officer or agent be deemed

incompatible or in conflict with such office, membership or employment.

5. (a) The mayor shall file on or before December thirty-first of the

year following the year in which this title shall have become a law, in

the office of the secretary of state, a certificate signed by the mayor

setting forth: (i) the name of the authority; (ii) the names of the

members appointed by the mayor; and (iii) the effective date of the

special act of the state legislature creating the authority. If such

certificate is not filed with the secretary of state on or before such

date, then the corporate existence of the authority shall thereupon

terminate and it shall thereupon be deemed to be and shall be dissolved.

(b) 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, or so long as the water board shall have

contractual duties or obligations outstanding unless adequate provision

has been made for the satisfaction thereof. Upon termination of the

existence of the authority, all of the rights, obligations and

properties of the authority then remaining shall pass to and vest to the

city, with the city's consent, if the authority acquired such property

from the city, or to a municipality, with the municipality's consent, if

the authority acquired such property from such municipality, unless

otherwise provided in an agreement between the city or municipality and

the authority, and except as otherwise may be specified by law.

6. 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 service area 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.

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

any way in connection with the operations or obligations of the

authority.