New York Laws
Title 3 - Erie County Water Authority
1053 - Erie County Water Authority.

§ 1053. Erie county water authority. 1. A corporation known as "Erie
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. It shall consist of three members, all of whom
shall be residents of the county. Not more than two members of the said
authority in office at any time shall belong to the same political
party. The appointment, pursuant to the provisions of chapter eight
hundred forty-five of the laws of nineteen hundred forty-nine, of the
first members, Richard F. Ball, Jerome D. Van De Water, and John Horner,
for the terms, respectively, of one year, two years and three years from
the twenty-seventh day of April, nineteen hundred forty-nine, is hereby
ratified and confirmed. Any subsequent appointment shall be made for a
term of three years and shall be made by the chairman of the board of
supervisors of the county of Erie, pursuant to nominations in writing by
the majority, respectively, of the supervisors of each political party
represented on such board of supervisors, subject to confirmation by a
majority of such board of supervisors. All members shall continue to
hold office until their successors are appointed and qualify. The
appointment of the first chairman, John Horner, pursuant to the
provisions of chapter eight hundred forty-five of the laws of nineteen
hundred forty-nine, for a term of one year from the twenty-seventh day
of April, nineteen hundred forty-nine, is hereby ratified and confirmed.
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 be reimbursed for all 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 two members shall
constitute a quorum. No action shall be taken except pursuant to the
favorable vote of at least two 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 from the twenty-seventh day of April, nineteen
hundred forty-nine, 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 Erie.

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 an attorney and an engineer 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 personnel officer of the county
of Erie 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 Erie 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 the creation of the authority and thereafter, the board of
supervisors may, by resolution, from time to time appropriate sums of
money to defray the preliminary expenses of the authority incurred in
the exercise of the powers conferred upon it by this title and shall
include among other costs, the costs incurred by the authority for
administrative, engineering, accounting and legal services. Upon the
issuance of bonds for any of the purposes authorized by this title the
authority shall repay to the county of Erie that portion of the moneys
appropriated by the county and expended by the authority in connection
with and attributed to the purpose or purposes for which the bonds were
issued. Any such allocation shall be subject to the approval of the
comptroller of the county of Erie.