NY Pub Auth L § 1048-C (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 2-B - Buffalo Municipal Water Finance Authority 1048-C - Buffalo Municipal Water Finance Authority.

§  1048-c. Buffalo municipal water finance authority. 1. A corporation   known as the Buffalo municipal water finance authority is hereby created   for 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.  It   shall   be   administered  by  a  board  of  directors consisting of seven members as   follows: the commissioner  of  public  works  of  the  city,  the  state   commissioner  of  environmental  conservation,  the  chairperson  of the   finance committee of the common council of the city, the commissioner of   administration and finance  of  the  city,  two  public  members  to  be   appointed  by the mayor and confirmed by the common council of the city,   and one public member to be appointed by the governor. One public member   appointed by the mayor shall serve for a term of one  year,  one  public   member  appointed  by the mayor shall serve for a term of two years, and   the public member appointed by the governor shall serve for  a  term  of   two  years  from  January  first  next  succeeding  the  date  of  their   appointment. Their successors shall serve for terms of two  years  each.   Members  shall  continue  in  office  until  their  successors have been   appointed and qualified. The  mayor  or  the  governor  shall  fill  any   vacancy  which may occur by reason of death, resignation or otherwise in   a manner consistent with the original appointment. A public  member  may   be  removed  by  the mayor or the governor, whichever appointed him, for   cause, but not without an opportunity  to  be  heard  in  person  or  by   counsel,  in his defense, upon not less than ten days' notice. The board   of directors shall select a chairman from among the directors who  shall   serve  in such capacity at the pleasure of the board. The chairman shall   preside over all meetings of the board of directors and shall have  such   other duties as may be prescribed by the board.2.  Each  director  who  is  a  public  member  shall  be  entitled to   reimbursement for his actual and  necessary  expenses  incurred  in  the   performance  of  his  official  duties  and  a per diem allowance of one   hundred fifty dollars when rendering service as such director,  provided   that the aggregate of such per diem allowance to any one director in any   one  fiscal  year  of  the  authority  shall  not exceed the sum of five   thousand dollars.3. Such public members may engage  in  private  employment,  or  in  a   profession  or business, subject to the limitations contained in chapter   VIII sections ninety through ninety-two of the Buffalo  city  ordinances   for   members   appointed   by   the  mayor,  and  subject  to  sections   seventy-three and seventy-four of  the  public  officers  law,  for  the   members appointed by the governor. The authority shall, for the purposes   of such sections be a "city agency" or a "state agency", as the case may   be  and such directors shall be "officers" of the authority for purposes   of such sections.4. Four directors of the authority of  whom  at  least  three  members   shall be ex officio shall constitute a quorum for the transaction of any   business  or  the  exercise  of  any power of the authority. Resolutions   authorizing the  issuance  of  bonds  or  notes  of  the  authority  and   resolutions  authorizing  any  loan,  lease,  sale or other agreement in   respect to a water project shall be  approved  by  not  less  than  four   members  of  the authority at a meeting duly called for such purposes at   which a quorum is in attendance, but for the transaction  of  any  other   business  or  the  performance  of  any  other  power or function of the   authority, the authority may act by a majority of the members present at   any meeting at which a  quorum  is  in  attendance.  The  authority  may   delegate  to  one  or more of its directors, or its officers, agents and   employees, such powers and duties as it may deem proper. The comptroller   shall be the chief fiscal officer of the authority. The commissioner  of    public  works  of  the  city,  the  state  commissioner of environmental   conservation,  the  director  of  the  budget  of  the  city,  and   the   commissioner  of  administration  and  finance  of the city may each, by   written instrument, filed with and approved as to form by the authority,   designate  a  deputy  or  assistant  in  their respective departments or   offices, to perform, in their absence,  their  respective  duties  under   this  title.  The  term  "director"  as  used  in this subdivision shall   include such persons so designated as provided herein.  The  designation   of  such persons shall be deemed temporary only and shall not affect the   civil service or retirement rights of any persons so designated.5. Notwithstanding any inconsistent provisions of this  or  any  other   law,  general,  special  or  local,  or  of  any  charter, no officer or   employee of the city or the state, shall be deemed to have forfeited  or   shall  forfeit  his  office or employment or any benefits provided under   the retirement and social security law by reason of  his  acceptance  of   membership  on  the  authority,  provided,  however, that a director who   holds such other public office or employment shall receive no additional   compensation for services rendered pursuant to this title, but shall  be   entitled to reimbursement for his actual and necessary expenses incurred   in the performance of such services.6.  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.  Upon  termination  of  the  existence   of   the   authority,  all  of  the  rights  and  properties  of the authority then   remaining shall pass to and vest in the city, unless otherwise  provided   in  an  agreement  between  the  city  and  the authority, and except as   otherwise may be specified in such law.7. 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 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.8.  Nothing  in this title shall be construed to obligate the state in   any way  in  connection  with  the  operations  or  obligations  of  the   authority.