N.Y.
Public Authorities Law Section 1153
Onondaga county water authority
1.
A corporation known as “Onondaga County Water Authority” is hereby created 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 five members, all of whom shall be residents of the county, who shall be appointed by the chairman of the board of supervisors of Onondaga county subject to confirmation by a majority of the board of supervisors of Onondaga county. The first members shall be appointed for the following terms from the effective date of this act, as follows: two for a term of three years, two for a term of two years and one for a term of one year. Subsequent appointments shall be made in the same manner and for terms of three years. All members shall continue to hold office until their successors are appointed and qualify. The first chairman shall be designated by the board of supervisors. Subsequent chairmen 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 board of supervisors 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 board of supervisors and shall be reimbursed for all their actual and necessary expense 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 three members shall constitute a quorum. No action shall be taken except pursuant to the favorable vote of at least three 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.2.
The authority and its corporate existence shall continue for a period of twelve years and thereafter until all its liabilities have been met 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 shall pass to and be vested in the county of Onondaga.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 Onondaga may adopt and make applicable to such public 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 Onondaga 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 preliminary 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.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 1153 — Onondaga county water authority, https://www.nysenate.gov/legislation/laws/PBA/1153 (updated Sep. 22, 2014; accessed Oct. 26, 2024).
