2012 New York Consolidated Laws
PBA - Public Authorities
Article 5 - PUBLIC UTILITY AUTHORITIES
Title 10-B - (1230-A - 1230-AA) 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.