NY Pub Auth L § 1095 (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 5 - Monroe County Water Authority 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.