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This entry was published on 2014-09-22
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SECTION 1153
Onondaga county water authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 7
§ 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 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.