Section 1153. Onondaga county water authority  


Latest version.
  • 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  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.