N.Y.
Public Authorities Law Section 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 Public Service Law § 89-L (Municipal water systems)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 § 1096 (Powers of the authority)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.
Source:
Section 1095 — Monroe county water authority, https://www.nysenate.gov/legislation/laws/PBA/1095 (updated Sep. 22, 2014; accessed Oct. 26, 2024).
