2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 6 - Albany Municipal Water Finance Authority › 1115-B - Albany Municipal Water Finance Authority.

§  1115-b.  Albany  municipal  water  finance  authority.  1. A public
corporation,  to  be  known  as  the  "Albany  municipal  water  finance
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 authority shall consist of seven members, five of whom shall be
residents of the city and be appointed by the  mayor  and  two  of  whom
shall be appointed by the governor from a list of names submitted by the
mayor.  Of  the appointments made by the governor, one shall be a public
member for a term ending on the thirty-first  day  of  December  of  the
third  year in which this title shall have become a law and one shall be
a public member for a term ending on the thirty-first day of December of
the fourth year in which this title shall have become a law.  The  first
members  appointed  by  the  mayor  shall be appointed for the following
terms of office: one for a term ending on December thirty-first  of  the
second  year  following the year in which this title shall have become a
law, two for a term ending on December thirty-first of  the  third  year
following  the year in which this title shall have become a law, and two
for a term ending on December thirty-first of the fourth 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. Any
member  appointed by the mayor or the governor who is not an employee of
the city of Albany shall be deemed a public member.  All  members  shall
continue  to  hold  office  until  their  successors  are  appointed and
qualify. Vacancies shall be filled in the manner provided  for  original
appointments.  Vacancies, occurring otherwise than by expiration of term
of office, shall be filled  by  appointment  for  the  unexpired  terms.
Members  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
city.  Each public member shall be entitled to a salary of five thousand
dollars per annum. No member shall receive  any  reimbursement  for  the
ordinary  expenses  of  attending meetings, but may by resolution of the
authority be allowed  their  expenses  of  a  special  or  extraordinary
nature.  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 four members are present. No action shall be taken except pursuant to
the  favorable  vote  of  at least three members. The governing body may
delegate to one or more of its members, officers,  agents  or  employees
such powers and duties as it may deem proper.
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. 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 secretary, the governing body may appoint  and  at  pleasure  remove
such additional officers and employees as it may determine necessary for
the  performance  of the powers and duties of the authority, and fix and
determine their qualifications, duties and compensation, subject to  the
provisions  of  the  civil service law. 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 office, the amount  and  sufficiency  of  which  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 public
benefit corporation, shall be deemed to have forfeited or 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, agent or employee of the authority,
nor shall service as such member, officer, agent or employee  be  deemed
incompatible or in conflict with such office, membership or employment.
5.  (a)  The  mayor  shall file on or before March 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: (1) the name of the  authority;  (2)  the  names  of  the
members  appointed  by  the mayor and their terms of office; and (3) the
effective date of this title. 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.  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.
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 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.