§ 1354 — Purposes and powers of the authority

New York § 1354

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 2: Port of Oswego Authority
• Art. 6: Port Authorities

Text

§ 1354. Purposes and powers of the authority. The authority shall have\npower over the survey, development and operation of port facilities and\nindustrial projects in such port district as hereinafter more\nspecifically set forth, and the coordination of the same with existing\nor future agencies of transportation with a view to the increase and\nefficiency of all such facilities and projects and the furtherance of\ncommerce and industry, environmental protection, aesthetics, health,\nwelfare, safety, recreational opportunities, and historical appreciation\nin the district. It shall make a thorough investigation of port\nconditions in the district and such other places as it may deem proper\nand shall prepare after conducting public hearings a comprehensive plan\nfor the development of port facilities, industrial projects, and other\nstructures in such district and the furtherance of recreational\nopportunities and historical appreciation in the district. This\ncomprehensive plan shall include the present use of the land and water\nin the district, the general capability thereof for development and use\nbased on commercial, ecological, recreational and historic\nconsiderations, a statement of proposed development and/or preservation\nthereof which would accomplish a coordinated and economic use of the\ndistrict in accordance with present and future needs and resources and\nbest promote the health, safety, order, enjoyment, convenience,\nappreciation and welfare of the citizens of the district. It shall be\nprovided with an office which shall be located by such authority within\nthe port district and it shall have power to equip the same with\nsuitable furniture and supplies for the performance of the work of the\nauthority. The authority also shall have the power to:\n (1) Sue and be sued.\n (2) Have a seal and alter the same at pleasure.\n (3) Confer with the governing body of the city, the town and with any\nother body or official having to do with port and harbor facilities\nwithin and without the district, and to hold public hearings as to such\nfacilities.\n (4) Confer with railroad, steamship, warehouse and other officials in\nthe district with reference to the development of transportation\nfacilities in such district and the coordination of the same.\n (5) Confer with the proper state officials as to means and measures\nfor stimulating use of the Barge canal.\n (6) Determine upon the location, type, size and construction of\nrequisite port facilities, subject, however, to the approval of any\ndepartment, commission or official of the United States of America or\nthe state of New York where federal or state statute or regulation\nrequires it.\n (7) Lease, erect, construct, make, equip and maintain port facilities\nin the district and for any such purpose to acquire in the name of the\nauthority by purchase, grant, gift or condemnation, except as\nhereinafter limited, real property, including easements therein, lands\nunder water and riparian rights.\n (8) Make surveys, maps and plans for, and estimates of the cost of,\nthe development and operation of requisite port facilities and other\nstructures and for the coordination of such facilities and structures\nwith existing agencies, both public and private, with the view of\nincreasing the efficiency of all such facilities and the appropriateness\nof all such structures in the furtherance of commerce and industry,\nenvironmental protection, aesthetics, health, welfare, safety,\nrecreational opportunities, historical appreciation in the city.\n (9) Make contracts and leases and to execute all instruments necessary\nor convenient.\n (10) Issue negotiable bonds within the provisions and limitations of\nthis title and to provide for the rights of the holders thereof.\n (11) Issue notes within the provisions and limitations of this act.\n (12) Fix fees, rates, rentals or other charges for the purpose of all\nport facilities owned by the authority and collect such fees, rates,\nrentals and other charges for such facilities owned by the authority,\nwhich fees, rates, rentals or other charges shall at all times be\nsufficient to comply fully with all covenants and agreements with the\nholders of any bonds issued under the provisions of this act.\n (13) Operate and maintain all port facilities owned by it; use the\nrevenues therefrom for the corporate purposes of the authority, and in\naccordance with any covenants or agreements contained in the proceedings\nauthorizing the issuance of any bonds hereunder.\n (14) Have power to regulate and supervise the construction of all port\nfacilities constructed or installed by any private individual or\ncorporation commenced after this act takes effect, and the power to\nregulate the operation of all privately owned port facilities insofar as\nsuch operation may adversely affect the flow of transportation or the\nenforcement of approved plans for the development of port facilities.\nThe power granted by this subdivision shall be subject to the rules,\nregulations or other directives of any federal or state department,\ncommission or other agency having jurisdiction, and such grant of power\nshall not operate to deprive any person or corporation, private or\npublic, of any property without due process of law.\n (15) Accept gifts, grants, loans or contributions from the United\nStates, the state of New York or an agency or instrumentality of either\nof them, the county of Oswego, the city of Oswego or the town of Scriba,\nor a person or corporation, by conveyance, bequest or otherwise, and to\nexpend the proceeds for any purpose of the authority, and to enter into\na contract with the United States, the state of New York, or an agency\nor instrumentality of either of them, to accept gifts, grants, loans or\ncontributions on such terms and conditions as may be provided by law\nauthorizing the same. The county of Oswego, the city of Oswego and the\ntown of Scriba are hereby authorized to loan, donate or contribute any\navailable fund to the port authority for any of its corporate purposes,\nand to appropriate such moneys for such purposes; but neither the\ncounty, the city nor the town may borrow money or otherwise pledge its\nfaith and credit for the purpose of making any such loan, donation or\ncontribution.\n (16) Have power to grant and maintain a traffic bureau in connection\nwith the operation of port facilities.\n (17) Use the officers, employees, facilities and equipment of the\ncity, with the consent of the city, and of the town, with the consent of\nthe town, paying a proper portion of the compensation or cost.\n (18) Appoint officers, agents and employees and fix and determine\ntheir qualifications, duties and compensation subject to the provisions\nof the civil service law of the state of New York and such rules as the\ncivil service commission of the city of Oswego may adopt and make\napplicable to such authority.\n (19) Designate the depositories of its moneys.\n (20) Have power to do all things necessary to make Oswego harbor and\nits port facilities useful and productive.\n (21) Make application to the foreign-trade zones board established by\nan act of Congress, approved June eighteenth, nineteen hundred\nthirty-four, entitled "an act to provide for the establishment,\noperation and maintenance of foreign trade zones in ports of entry of\nthe United States, to expedite and encourage foreign commerce, and for\nother purposes," for a grant to such authority of the privilege of\nestablishing, operating and maintaining a foreign trade zone on premises\nowned by such authority within such city, pursuant to the provisions of\nsuch act, and if such application be granted, to accept such grant and\nto establish, operate and maintain such zone in accordance with law.\n (22) With respect to industrial projects, to carry on any activities\nauthorized for an industrial development agency as provided for in\nsection eight hundred fifty-eight of the general municipal law as well\nas to provide for the financing of such projects pursuant to article\neighteen-A of the general municipal law; provided, however, that where\nany of the provisions of this article are inconsistent with the\nprovisions of section eight hundred fifty-eight of the general municipal\nlaw pertaining to industrial projects or, with respect to financing of\nsuch projects, article eighteen-A of the general municipal law, the\nprovisions of this article shall be superceded and the provisions of\nsuch section eight hundred fifty-eight and such article eighteen-A shall\napply.\n