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

§   1230-c.   Niagara  Falls  public  water  authority.  1.  A  public
corporation to be known as the "Niagara Falls public water 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 governing body of the authority shall consist  of  a  total  of
three  members,  one of which is to be appointed by the mayor, one to 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,
and  one  to  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.  At  all  times,  at least one member shall be a
resident of the city. The member to be appointed by the mayor  shall  be
appointed  for  a  term of office ending on December thirty-first of the
third year following the year in which this title shall  have  become  a
law, the member to be appointed by the temporary president of the senate
shall be appointed for a term ending on the thirty-first day of December
of  the  fourth  year  following the year in which this title shall have
become a law, and the member to be  appointed  by  the  speaker  of  the
assembly shall be appointed for a term ending on the thirty-first day of
December  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. 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  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  other 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.  Each  member  shall  attend,  in  each  fiscal  year, at least
seventy-five percent of all meetings of the governing body.  Any  member
fulfilling the requirement that at least one member be a resident 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  authority  shall  receive  no
compensation  for  their  services  but  shall  be  reimbursed for their
actual, 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  authority  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 all three members are present shall
have authorized such expenditure by  such  member.  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 at least two members are
present. Any one or more members of the authority may participate  in  a
meeting  of such authority 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.  The  vote  of a majority of the members present at the time of

the vote, if a quorum is present at such time, shall be the act  of  the
authority.  No  action  shall  be taken except pursuant to the favorable
vote of at least two 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 or agents  such  powers
and duties as it may deem proper.
3.  The  officers  of  the  authority  shall  consist  of  a  chair, a
vice-chair, a treasurer, and a secretary. Such  secretary  or  treasurer
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 treasurer  or  secretary,  the
governing  body  may  appoint  and  at  pleasure  remove such additional
officers as it may determine necessary for the performance of the powers
and duties of the authority. 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 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  state
agency,  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 or agent of the
authority, nor shall service as such member, officer or agent 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 this title 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 authority;  (ii)  the  names  of  the
members  appointed  by  the  mayor;  and (iii) the effective date of the
special act of the state legislature creating  the  authority.  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,  or  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  authority,  all  of  the  rights,  obligations  and
properties of the authority then remaining shall pass to and vest to the
city, with the city's consent, if the authority acquired  such  property
from the city, or to a municipality, with the municipality's consent, if
the  authority  acquired  such  property  from such municipality, unless
otherwise provided in an agreement between the city or municipality  and
the authority, and except as otherwise may be specified by 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 service area 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.