Legislation
SECTION 1500-C
City of Buffalo parking authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 7, TITLE 5
§ 1500-c. City of Buffalo parking authority. 1. A board to be known as
the "city of Buffalo parking authority" is hereby created. Such board
shall be a body corporate and politic, constituting a public benefit
corporation, and its existence shall commence upon the appointment of
the members as herein provided. It shall consist of a chair and four
other members, who shall be appointed by the mayor of the city of
Buffalo, with the advice and consent of the city of Buffalo common
council. The mayor of the city may remove any member of the board for
neglect of duty or misconduct in office, giving such member a copy of
the charges against them and an opportunity of being heard in person, or
by counsel, in their defense upon not less than ten days notice. Of the
members first appointed, one shall be appointed for a period of one
year, one for a period of two years, one for a period of three years,
one for a period of four years, and one for a period of five years. At
the expiration of such terms, the terms of office of their successors
shall be five years. Each member shall continue to serve until the
appointment and qualification of a successor. Vacancies in such board
occurring otherwise than by the expiration of term shall be filled for
the unexpired term. The members of the board shall choose from their
number a vice-chair. The members of the board shall not be compensated
for their services, however, members shall be entitled to reimbursement
for any actual and necessary expenses incurred in the performance of
such member's official duties. The powers of the authority shall be
vested in and exercised by a majority of the members of the board. Such
board may delegate to one or more of its members or to its officers,
agents and employees such powers and duties as it may deem proper.
2. Notwithstanding any inconsistent provisions of any general, special
or local law, ordinance, resolution or charter, no officer, member or
employee of the state or of any public authority shall forfeit such
officer, member or employee's office or employment by reason of such
acceptance of appointment as a member, officer or employee of the
authority, nor shall service as such member, officer or employee be
deemed incompatible or in conflict with such office, membership or
employment.
3. (a) The mayor of the city shall file on or before December
thirty-first of the year in which this title shall take effect, in the
office of the secretary of state, a certificate signed by the mayor
setting forth:
(i) the name of the authority;
(ii) the names of the members of the board and their terms of office;
and
(iii) the effective date of this title.
(b) If such certificate is not filed with the secretary of state on or
before such date, then the corporate existence of the authority shall
thereupon terminate and it shall thereupon be deemed to be and shall be
dissolved.
4. The city of Buffalo parking authority shall not be authorized to
exercise the powers, duties, and functions outlined in this article
until all initial members and the initial chair are appointed.
the "city of Buffalo parking authority" is hereby created. Such board
shall be a body corporate and politic, constituting a public benefit
corporation, and its existence shall commence upon the appointment of
the members as herein provided. It shall consist of a chair and four
other members, who shall be appointed by the mayor of the city of
Buffalo, with the advice and consent of the city of Buffalo common
council. The mayor of the city may remove any member of the board for
neglect of duty or misconduct in office, giving such member a copy of
the charges against them and an opportunity of being heard in person, or
by counsel, in their defense upon not less than ten days notice. Of the
members first appointed, one shall be appointed for a period of one
year, one for a period of two years, one for a period of three years,
one for a period of four years, and one for a period of five years. At
the expiration of such terms, the terms of office of their successors
shall be five years. Each member shall continue to serve until the
appointment and qualification of a successor. Vacancies in such board
occurring otherwise than by the expiration of term shall be filled for
the unexpired term. The members of the board shall choose from their
number a vice-chair. The members of the board shall not be compensated
for their services, however, members shall be entitled to reimbursement
for any actual and necessary expenses incurred in the performance of
such member's official duties. The powers of the authority shall be
vested in and exercised by a majority of the members of the board. Such
board may delegate to one or more of its members or to its officers,
agents and employees such powers and duties as it may deem proper.
2. Notwithstanding any inconsistent provisions of any general, special
or local law, ordinance, resolution or charter, no officer, member or
employee of the state or of any public authority shall forfeit such
officer, member or employee's office or employment by reason of such
acceptance of appointment as a member, officer or employee of the
authority, nor shall service as such member, officer or employee be
deemed incompatible or in conflict with such office, membership or
employment.
3. (a) The mayor of the city shall file on or before December
thirty-first of the year in which this title shall take effect, in the
office of the secretary of state, a certificate signed by the mayor
setting forth:
(i) the name of the authority;
(ii) the names of the members of the board and their terms of office;
and
(iii) the effective date of this title.
(b) If such certificate is not filed with the secretary of state on or
before such date, then the corporate existence of the authority shall
thereupon terminate and it shall thereupon be deemed to be and shall be
dissolved.
4. The city of Buffalo parking authority shall not be authorized to
exercise the powers, duties, and functions outlined in this article
until all initial members and the initial chair are appointed.