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This entry was published on 2014-09-22
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SECTION 1177
Buffalo Sewer Authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 8
§ 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.