New York Laws
Title 5 - Monroe County Water Authority
1095 - 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.