NY Pub Auth L § 1053 (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 3 - Erie County Water Authority 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.