Section 1177. Buffalo Sewer Authority

1. A board, to be known as "Buffalo
  Sewer Authority,"  is  hereby  created.  Such  board  shall  be  a  body
  corporate  and  politic  constituting a public benefit corporation. Such
  board shall consist of five members, each of whom shall be a resident of
  the city of Buffalo and who shall be appointed by the mayor of the city.
  One shall be designated by him  to  serve  until  July  first,  nineteen
  hundred  thirty-six,  two shall be designated by him to serve until July
  first, nineteen hundred thirty-seven, and two shall be designated by him
  to serve until July  first,  nineteen  hundred  thirty-eight.  Upon  the
  expiration of the term of each member, a successor shall be appointed by
  the  mayor  for  a term expiring three years after the expiration of the
  term of his predecessor. The mayor may remove any member  of  the  board
  after  giving  to  such  member a copy of the charges against him and an
  opportunity to be heard in his defense. If  a  vacancy  shall  occur  by
  reason  of  the  death,  disqualification,  resignation  or removal of a
  member, his successor shall be appointed by the mayor for the  unexpired
  term. Every appointment to the board shall be subject to confirmation by
  the  common council of the city. The powers of the board shall be vested
  in and exercised by a majority of the members thereof  then  in  office.
  Such  board and its corporate existence shall continue only for a period
  of five 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. Upon its ceasing to exist all its rights and
  properties shall pass to the city of Buffalo. The members of  the  board
  shall  be  compensated  at  the  rate of twenty-five hundred dollars per
  annum each for a full year's service and the chairman of the board shall
  be compensated at the rate of thirty-five hundred dollars per annum  for
  a  full  year's service, and in addition thereto, they shall be entitled
  to reimbursement of their actual and necessary expenses incurred in  the
  performance  of their official duties. At the first meeting of the board
  and at the first meeting thereof in  each  fiscal  year  thereafter  the
  members  of  the  board  shall  choose  from  their number a chairman, a
  vice-chairman  and  a  secretary.  The  board  may  appoint  agents  and
  employees  with such powers and duties as it may determine and shall fix
  their compensation and pay the same  out  of  funds  of  the  authority.
  Except  as  otherwise  provided  herein or by the board, the corporation
  counsel of the city shall be the attorney for the  authority  and  shall
  prosecute  and  defend all actions and proceedings brought by or against
  the authority and shall institute and conduct all legal  proceedings  by
  the  authority  in  the  exercise  of  its powers of eminent domain. The
  authority may also use the agents, employees, records and  equipment  of
  the city with the consent of the city.
    2.  The  purpose  of this title, among other things, is to provide for
  the jurisdiction,  control,  possession,  supervision  and  use  of  the
  facilities;  authorization  to make rules and regulations in furtherance
  of this title; the enforcement of this title,  the  rules,  regulations,
  permits  and  orders  of  the authority in connection with the direct or
  indirect use of the facilities by persons within the city and the county
  of Erie and any other persons from whom the  authority  accepts,  treats
  and disposes of sewage, industrial waste, and other waste, from whatever
  source  derived;  and  to  enable  the  authority  to  comply  with  all
  applicable laws of the United States and the state of New York, and  the
  rules, regulations, permits and orders of their regulatory agencies.
    3.  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 served by the facilities and the state, 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 by this title.