§ 41. Organization. 1. There is hereby created the Utica transit
authority. The authority shall be a body corporate and politic
constituting a public benefit corporation and shall be perpetual in
duration and consist of at least five members. The chairman of the
authority shall, before the authority becomes operative, cause to be
filed in the office of the commissioner, and a duplicate in the office
of the secretary of state, a certificate signed by him and setting
forth: (a) the date of the passage of the special act establishing the
authority; (b) the name of the authority; and (c) the names of the
members and their terms, specifying which member is chairman.

2. Three members, no more than two from any political party, shall be
appointed by the Mayor of the city of Utica; one for a term of two years
to terminate on the thirty-first day of December, nineteen hundred and
seventy-one; one for a term of three years to terminate on the
thirty-first day of December, nineteen hundred and seventy-one; and one
for a term of four years to terminate on the thirty-first day of
December nineteen hundred and seventy-three. Two members, no more than
one from any political party, shall be appointed by the common council
of the city of Utica; one for a term of two years to be terminated on
the thirty-first day of December nineteen hundred and seventy-one; one
for a term of three years to terminate on the thirty-first day of
December nineteen hundred and seventy-one. The present membership of the
Utica transit commission, already so appointed under local law number
six of nineteen hundred and sixty-five of the city of Utica, shall
constitute the membership of the Utica transit authority for terms
coinciding with the present terms of the Utica transit commission. The
present chairman of the Utica transit commission shall continue to serve
his current term as chairman of the Utica transit authority. The mayor
of the city of Utica, the majority leader of the common council and the
minority leader of the common council, as they have already been serving
pursuant to said local law number six of nineteen hundred and
sixty-five, shall serve as ex-officio members without voting rights of
the Utica transit authority.

Other municipalities electing to participate shall by their governing
body appoint one member to the Utica transit authority to serve for a
term of three years and who shall have a proportional vote multiplied by
five based upon the same percentage as the population of the
municipality he represents bears to the population of the city of Utica,
said populations to be determined by the last decennial or federal
county-wide special census. Any member of the authority shall lose his
voting rights for such period of time as the municipality which he
represents fails to make a pro-rata contribution toward the expenses of
the operation of the authority.

A member of the authority shall continue to hold office until a
successor is appointed and has qualified.

3. A majority of the whole number of members of a mass transportation
authority then in office shall constitute a quorum for the transaction
of any business or the exercise of any power of the authority. A mass
transportation authority shall have power to act by a majority of the
members present at any meeting at which a quorum is in attendance.