§ 1379 — Purposes and powers of the authority

New York § 1379

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 3: Ogdensburg Port Authority
• Art. 6: Port Authorities

Text

§ 1379. Purposes and powers of the authority. The authority shall have\npower over the survey, development and operation of port facilities in\nsuch port district as hereinafter more specifically set forth, and the\ncoordination of the same with existing or future agencies of\ntransportation with a view to the increase and efficiency of all such\nfacilities and the furtherance of commerce and industries in the\ndistrict. It shall make a thorough investigation of port conditions in\nthe district and such other places as it may deem proper and shall\nprepare a comprehensive plan for the development of port facilities in\nsuch district. It shall be provided with an office which shall be\nlocated by such authority within the port district and it shall have\npower to equip the same with suitable furniture and supplies for the\nperformance of the work of the authority. The authority also shall have\npower 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 and with any other body\nor official having to do with port and harbor facilities within and\nwithout the district, and to hold public hearings as to such facilities.\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, and assist\nand cooperate with the Ogdensburg bridge authority in the establishment,\nmaintenance and operation of a public bus transportation system as\nauthorized by subdivision eighteen of section seven hundred three of\nthis chapter, including the payment of such financial assistance as may\nbe required for the proper functioning of the said public bus\ntransportation system.\n (5) Confer with the proper state officials as to means and measures\nfor stimulating use of the Ogdensburg port.\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 for the\ncoordination of such facilities with existing agencies, both public and\nprivate, with the view of increasing the efficiency of all such\nfacilities in the furtherance of commerce and industry 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 (11-a) Issue notes or other indentures to the federal government or\nany agency thereof secured by mortgages on real or personal property\nacquired from the proceeds of loans or grants or a combination of both\nobtained from the federal government or any agency thereof.\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 in so far\nas such 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 city of Ogdensburg, or a person or corporation, by\nconveyance, bequest or otherwise, and to expend the proceeds for any\npurpose of the authority, and to enter into a contract with the United\nStates, the state of New York or an agency or instrumentality of either\nof them, to accept gifts, grants, loans or contributions on such terms\nand conditions as may be provided by law authorizing the same. The city\nof Ogdensburg is 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 the city may not\nborrow money or otherwise pledge its faith and credit for the purpose of\nmaking any such loan, donation or contribution.\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 Ogdensburg 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 promote and to make\nOgdensburg bridge, harbor and its port facilities and industrial\nprojects useful and productive and to assist and cooperate with the\nOgdensburg bridge authority and other public agencies for such purposes.\n (21) Negotiate with the officials of the city of Ogdensburg for the\nacquisition of the Ogdensburg international airport, to acquire such\nairport, and when so acquired, to operate, maintain and improve such\nairport and to construct, extend, operate and maintain runways, hangars,\nshops, passenger stations, control towers, and all facilities necessary\nor convenient in connection with a modern international airport; to\ncontract for the construction, operation or maintenance of any parts\nthereof or for services to be performed; to rent parts thereof, and\ngrant concessions; all on such terms and conditions as it may determine\nsubject to all federal, state and local regulations.\n (22) Proceed with the development of the port district and to improve,\nconstruct, develop, reconstruct and update such facilities as it may\ndeem necessary including the leasing or rental of its properties and\nfacilities for public or private purposes in order to make the\ndevelopment thereof economically feasible; provided, however, that no\nlease shall be made for a period of more than thirty years from the date\nof its execution.\n (23) Make application to the Foreign-Trade Zones Board established by\nthe 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 the county of St. Lawrence, pursuant to\nthe provisions of such act, and if such application be granted, to\naccept such grant and to establish, operate and maintain such zone in\naccordance with law.\n (24) To develop and establish an industrial park on lands acquired or\nto be acquired by the authority for the purposes of building,\nconstructing or causing the building or constructing of industrial\nprojects thereon.\n (25) To arrange or contract with a municipality for the planning,\nreplanning, opening, grading or closing of streets, roads, roadways,\nalleys or other places or for the furnishing of facilities or for the\nfurnishing of services in connection with an industrial project.\n (26) To sell, lease, assign, transfer, convey, exchange, mortgage, or\notherwise dispose of or encumber any industrial project, and in the case\nof the sale of any industrial project, to accept a purchase money\nmortgage in connection therewith; and to lease, repurchase or otherwise\nacquire and hold any industrial project which the authority has\ntheretofore sold, leased or otherwise conveyed, transferred or disposed\nof.\n (27) To grant options to purchase any industrial project or to renew\nany leases entered into by it in connection with any industrial project,\non such terms and conditions as it may deem advisable.\n (28) To prepare or cause to be prepared plans, specifications, designs\nand estimates of costs for the construction, reconstruction,\nrehabilitation, improvement, alteration or repair of any industrial\nproject, and from time to time to modify such plans, specifications,\ndesigns or estimates.\n (29) In connection with any property on which it has made a mortgage\nloan, to foreclose on any such property or commence any action to\nprotect or enforce any right conferred upon it by any law, mortgage,\ncontract or other agreement, and to bid for and purchase such property\nat any foreclosure or at any other sale, or acquire or take possession\nof any such property; and in such event the corporation may complete,\nadminister, pay the principal of and interest on any obligations\nincurred in connection with such property, dispose of, and otherwise\ndeal with such property, in such manner as may be necessary or desirable\nto protect the interests of the authority therein.\n (30) To borrow money and to issue its negotiable bonds and notes in\nconnection with any industrial project and to provide for the rights of\nthe holders thereof.\n (31) As security for the payment of the principal and interest on any\nbonds issued in connection with any industrial project and any\nagreements made in connection therewith, to mortgage and pledge any or\nall of its industrial projects and to pledge the revenues and receipts\ntherefrom or from any industrial project thereof, and to assign or\npledge the lease or leases on any portion or all of said industrial\nprojects and to assign or pledge the income received by virtue of said\nlease or leases.\n (32) To invest any funds held in reserve or sinking funds, or any\nmonies not required for immediate use or disbursement, at the discretion\nof the authority, in obligations of the state, or of the United States\ngovernment, or obligations the principal and interest of which are\nguaranteed by the state or the United States government.\n (33) The authority may acquire by purchase, gift, grant, transfer,\ncontract or lease any railroad transportation facility and may on such\nterms and conditions as the authority may determine necessary establish,\nconstruct, effectuate, operate, maintain, renovate, improve or repair\nsuch line of railroad.\n (34) The authority may acquire, hold, own, lease, establish,\nconstruct, effectuate, operate, maintain, renovate, improve, extend or\nrepair any of its facilities through, and cause any one or more of its\npowers, duties, functions or activities to be exercised or performed by,\none or more wholly owned subsidiary corporations of the authority and\nmay transfer to or from any such corporation any moneys, real property\nor other property for any of the purposes of this title. The directors\nor members of each such subsidiary corporation shall be the same persons\nholding the offices of members of the authority. Each such subsidiary\ncorporation and any of its property, functions and activities shall have\nall of the privileges, immunities, tax exemptions and other exemptions\nof the authority and of the authority's property, functions and\nactivities. Each such subsidiary corporation shall be subject to the\nrestrictions and limitations to which the authority may be subject. Each\nsuch subsidiary corporation shall be subject to suit in accordance with\nsection thirteen hundred sixteen of this title. The employees of any\nsuch subsidiary corporation, except those who are also employees of the\nauthority, shall not be deemed employees of the authority.\n If the authority shall determine that one or more of its subsidiary\ncorporations should be in the form of a public benefit corporation, it\nshall create each such public benefit corporation by executing and\nfiling with the secretary of state a certificate of incorporation, which\nmay be amended from time to time by filing, which shall set forth the\nname of such public benefit subsidiary corporation, its duration, the\nlocation of its principal office, and any or all of the purposes of\nacquiring, owning, leasing, establishing, constructing, effectuating,\noperating, maintaining, renovating, improving, extending or repairing\none or more facilities of the authority. Each such public benefit\nsubsidiary corporation shall be a body politic and corporate and shall\nhave all those powers vested in the authority by the provisions of this\ntitle which the authority shall determine to include in its certificate\nof incorporation except the power to contract indebtedness.\n Whenever any state, political subdivision, municipality, commission,\nagency, officer, department, board, division or person is authorized and\nempowered for any of the purposes of this title to cooperate and enter\ninto agreements with the authority such state, political subdivision,\nmunicipality, commission, agency, officer, department, board, division\nor person shall have the same authorization and power for any of such\npurposes to cooperate and enter into agreements with a subsidiary\ncorporation of the authority.\n