§ 1048-c. Buffalo municipal water finance authority. 1. A corporation
known as the Buffalo municipal water finance authority is hereby created
for public 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. It shall be
administered by a board of directors consisting of seven members as
follows: the commissioner of public works of the city, the state
commissioner of environmental conservation, the chairperson of the
finance committee of the common council of the city, the commissioner of
administration and finance of the city, two public members to be
appointed by the mayor and confirmed by the common council of the city,
and one public member to be appointed by the governor. One public member
appointed by the mayor shall serve for a term of one year, one public
member appointed by the mayor shall serve for a term of two years, and
the public member appointed by the governor shall serve for a term of
two years from January first next succeeding the date of their
appointment. Their successors shall serve for terms of two years each.
Members shall continue in office until their successors have been
appointed and qualified. The mayor or the governor shall fill any
vacancy which may occur by reason of death, resignation or otherwise in
a manner consistent with the original appointment. A public member may
be removed by the mayor or the governor, whichever appointed him, for
cause, but not without an opportunity to be heard in person or by
counsel, in his defense, upon not less than ten days' notice. The board
of directors shall select a chairman from among the directors who shall
serve in such capacity at the pleasure of the board. The chairman shall
preside over all meetings of the board of directors and shall have such
other duties as may be prescribed by the board.

2. Each director who is a public member shall be entitled to
reimbursement for his actual and necessary expenses incurred in the
performance of his official duties and a per diem allowance of one
hundred fifty dollars when rendering service as such director, provided
that the aggregate of such per diem allowance to any one director in any
one fiscal year of the authority shall not exceed the sum of five
thousand dollars.

3. Such public members may engage in private employment, or in a
profession or business, subject to the limitations contained in chapter
VIII sections ninety through ninety-two of the Buffalo city ordinances
for members appointed by the mayor, and subject to sections
seventy-three and seventy-four of the public officers law, for the
members appointed by the governor. The authority shall, for the purposes
of such sections be a "city agency" or a "state agency", as the case may
be and such directors shall be "officers" of the authority for purposes
of such sections.

4. Four directors of the authority of whom at least three members
shall be ex officio shall constitute a quorum for the transaction of any
business or the exercise of any power of the authority. Resolutions
authorizing the issuance of bonds or notes of the authority and
resolutions authorizing any loan, lease, sale or other agreement in
respect to a water project shall be approved by not less than four
members of the authority at a meeting duly called for such purposes at
which a quorum is in attendance, but for the transaction of any other
business or the performance of any other power or function of the
authority, the authority may act by a majority of the members present at
any meeting at which a quorum is in attendance. The authority may
delegate to one or more of its directors, or its officers, agents and
employees, such powers and duties as it may deem proper. The comptroller
shall be the chief fiscal officer of the authority. The commissioner of
public works of the city, the state commissioner of environmental
conservation, the director of the budget of the city, and the
commissioner of administration and finance of the city may each, by
written instrument, filed with and approved as to form by the authority,
designate a deputy or assistant in their respective departments or
offices, to perform, in their absence, their respective duties under
this title. The term "director" as used in this subdivision shall
include such persons so designated as provided herein. The designation
of such persons shall be deemed temporary only and shall not affect the
civil service or retirement rights of any persons so designated.

5. Notwithstanding any inconsistent provisions of this or any other
law, general, special or local, or of any charter, no officer or
employee of the city or the state, shall be deemed to have forfeited or
shall forfeit his office or employment or any benefits provided under
the retirement and social security law by reason of his acceptance of
membership on the authority, provided, however, that a director who
holds such other public office or employment shall receive no additional
compensation for services rendered pursuant to this title, but shall be
entitled to reimbursement for his actual and necessary expenses incurred
in the performance of such services.

6. The authority and its corporate existence shall continue until
terminated by law, provided, however, that no such law shall take effect
so long as the authority shall have bonds or other obligations
outstanding unless adequate provision has been made for the payment or
satisfaction thereof. Upon termination of the existence of the
authority, all of the rights and properties of the authority then
remaining shall pass to and vest in the city, unless otherwise provided
in an agreement between the city and the authority, and except as
otherwise may be specified in such law.

7. It is hereby determined and declared that the authority and the
carrying out of its powers and duties are in all respects for the
benefit of the people of the city and the state for the improvement of
their health, welfare and prosperity and that such 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.

8. Nothing in this title shall be construed to obligate the state in
any way in connection with the operations or obligations of the
authority.