2006 New York Code - 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.