2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 10-B - Niagara Falls Public Water Authority › 1230-E - Water Board.

§  1230-e.  Water board. 1. A water board, to be known as the "Niagara
Falls public water board", may be created by a special act of the  state
legislature  as  a  body corporate and politic, constituting a corporate
municipal instrumentality of the state and having the powers and  duties
as provided in this title.
2.  The  governing body of the water board shall consist of a total of
five members, to be appointed and to serve as follows: one member  shall
be  appointed  by  the  governor,  one  member shall 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, one member shall
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,
one  member  shall  be  appointed  by the mayor, and one member shall be
appointed by the majority vote of the city council. At  least  three  of
the  five  members shall be residents of the city. When a vacancy occurs
that reduces the number of members who are city residents to  less  than
three,  the  appointment  to  fill that vacancy must be a city resident.
Each member shall attend, in each fiscal  year,  at  least  seventy-five
percent  of  all meetings of the governing body. Failure by any party to
appoint any member shall not invalidate the creation or establishment of
the water board and shall result in the creation of  a  vacancy  on  the
governing  body  of  the  water board which may be filled at any time by
such party. The member appointed by the governor shall be appointed  for
a  term  ending on December thirty-first of the first year following the
year in which this title shall have become a law; the  member  appointed
by  the  temporary president of the senate shall be appointed for a term
ending on December thirty-first of the second year following the year in
which this title shall have become a law; the member  appointed  by  the
speaker of the assembly shall be appointed for a term ending on December
thirty-first  of  the  third year following the year in which this title
shall have become a law; the member appointed  by  the  mayor  shall  be
appointed  for a term ending on December thirty-first of the fourth year
following the year in which this title shall have become a law; and  the
member  appointed  by  the  city  council  shall be appointed for a term
ending on December thirty-first 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. No member shall be
a member of the governing body  of  the  authority.  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 a 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
otherwise 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. Any member fulfilling
the  requirement  that  at  least three members be residents 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  water  board  shall  receive  no
compensation for their services but shall be reimbursed for their actual
and  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 board 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 three members are  present  shall  have  authorized
such  expenditure by such member. The powers of the water board shall be
vested in and be exercised by the  governing  body  at  a  meeting  duly
called  and held where a quorum of three members are present. Any one or
more members of the water board may participate in  a  meeting  of  such
water board 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. No action shall be
taken except pursuant to the favorable vote of  at  least  three  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, agents or employees such powers and duties as it may
deem proper.
3. The officers of the water board shall  consist  of  a  chairman,  a
vice-chairman  and a treasurer, who shall be members of the water board,
and a secretary, who need not be a  member  of  the  water  board.  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  or
appropriate  for  the  performance of the powers and duties of the water
board,  and  fix  and  determine  their   qualifications,   duties   and
compensation, subject to the provisions of the civil service law and the
rules  of  the  civil service commission of the city. 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 water board.
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 municipality, or any state agency,
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 water board, 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 December thirty-first of  the
year  following  the  year  in  which  the  special  act  of  the  state
legislature creating the water board 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 water board; (ii) the  names  of  the
members  appointed  by  the  governor,  the  temporary  president of the
senate, the speaker of the assembly, the mayor, and  the  city  council;
and (iii) the effective date of the special act of the state legislature
creating  the  water  board.  If  such certificate is not filed with the
secretary of state on or before such date, then the corporate  existence
of  the  water board shall thereupon terminate and it shall thereupon be
deemed to be and shall be dissolved.
(b) The water board and its corporate existence shall  continue  until
terminated by law, provided, however, that no such law shall take effect
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 water  board,  all  of
the rights, obligations and properties of the water board then remaining
shall pass to and vest to the city, with the consent of the city, if the
water  board acquired such property from the city, or to a municipality,
with the consent of such municipality, if the water board acquired  such
property  from  such  municipality,  unless  otherwise  provided  in  an
agreement with the city or municipality and the water board, and  except
as otherwise may be specified by law.
6.  It  is hereby determined and declared that the water board 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 water board  is  and  will  be
performing  an  essential  governmental  function in the exercise of the
powers conferred upon it by this title.
7. The water board shall establish and maintain its  principal  office
at  which  it  conducts  its  business  in the city. Notwithstanding any
general, special or local law or any charter provision,  the  city  may,
and  is  hereby authorized to lease to the water board such office space
as the water board determines to be necessary and  appropriate  for  the
needs  of  the  water board, which lease shall be for such consideration
and shall contain such terms and conditions as the water board  and  the
city shall determine reasonable and appropriate.
8.  The  purpose  of the act of the legislature establishing the water
board shall be, among other things, to  provide  for  the  jurisdiction,
control, possession, supervision and use of the system; authorization to
make rules and regulations in furtherance of this title; the enforcement
of  this  title, the rules, regulations, permits and orders of the water
board in connection with the  direct  or  indirect  use  of  the  system
facilities by persons within the city and the service area and any other
persons  for  whom  the water board provides services including, but not
limited to, accepting, treating and disposing of wastewater,  industrial
waste,  and other waste, from whatever source derived; and to enable the
water board to comply with all applicable laws of the United States  and
the  state,  and  the  rules,  regulations,  permits and orders of their
regulatory agencies.