§ 5 — No title

New York § 5

• Jurisdiction: New York
• Law POA: Port of Albany 192/25

Text

§ 5. Such port commission also shall (1) Have power to confer with the\ngoverning bodies of each of the municipalities within the port district\nand dock, port, harbor, channel and improvement commission and any other\nbody or official having to do with port and harbor facilities within and\nwithout the district and hold public hearings as to such facilities;\n (2) Have power to confer with the railroad, steamship, warehouse and\nother officials in the district with reference to the development of\ntransportation facilities in such district and the co-ordination of the\nsame;\n (3) Confer with the proper state officials as to means and measures\nfor stimulating the use of the barge canal;\n (4) Formulate and adopt a financial, building and operation program,\nwhich shall be submitted to the mayor of each city, in the district, who\nshall be entitled to be heard thereon before formal adoption, notice of\nsuch hearing to be given in writing at least twenty days before the day\nof such hearing;\n (5) Have power to adopt a comprehensive plan, and to change or revise\nthe same, for the development of port facilities in such district, which\nplan may provide separately for the work of initial development, and\nshall include an estimate of the total cost of all the work and/or of\nthe work included in such initial development, and to apportion the cost\nthereof, as provided in section eight, and not oftener than once in\nthree years to revise such apportionment to accord with any changes\ntheretofore made in the comprehensive plan, as required by said section\neight; and as part of such comprehensive plan, or pursuant thereto, to\ndetermine upon the location, type, size and construction of requisite\nport facilities, subject, however, to the approval of the secretary of\nwar and chief of engineers, United States Army, where federal statute or\nregulation requires it;\n (6) Have power to acquire, lease, erect, construct, make, equip and\nmaintain port facilities within or outside the district, either on land\nowned by the district or upon land set aside for its uses and control,\nas provided in section thirteen, and for any such purpose to acquire and\nimprove real property, including easements therein, lands under water\nand riparian rights, by agreement or by condemnation, and to sell, rent,\nexchange or dispose of any property, real or personal, as may seem\nadvisable;\n (7) Have power to contract with any municipality in the district for\nthe construction by the municipality of one or more docks, wharves,\nterminals or warehouses, to belong to the municipality and be maintained\nby it, whereby a part of the cost of construction shall be borne by the\ndistrict, in cases where the commission, after a public hearing,\ndetermines that such work is of common benefit to the municipalities,\ninhabitants and property in the district;\n (8) Have power to execute contracts within the provisions and\nlimitations of this act;\n (9) Have power to fix rates, charges and wharfage for the use of all\nport facilities, or to rent the same or grant the use thereof for\nlimited periods, and collect rates, rents, charges and wharfage for such\nfacilities owned or controlled by the district;\n (10) Operate and maintain all port facilities owned or controlled by\nit, including a general terminal railroad connecting with any railroad\nwithin said district, use the revenues therefrom for the upkeep thereof\nand the expenses of the commission and the residue, if any, on hand at\nthe end of any fiscal year, for further construction and port\ndevelopment, or in reduction of taxation;\n (11) Have power to regulate and supervise the construction and\noperation of all port facilities, by whomsoever constructed, installed\nor owned;\n (12) Expend moneys, if any, appropriated by the state for the purposes\nof this act on account of benefits accruing thereunder to the state or\nits property;\n (13) Have power to create and maintain a traffic bureau;\n (14) Have power to employ such clerical, engineering, legal or other\nprofessional assistants as it may deem necessary for the purposes of\nthis act, fix their compensation and at pleasure discharge any of them;\n (15) Have power to do all things necessary to make the deeper Hudson\nproject useful and productive.\n The terms "facilities," "port facilities," "terminals," and "terminal\nwork" as used in this act, shall include, among other things, wharves,\ndocks, piers, terminals, railroad tracks on terminals, cold storage and\nrefrigerating plants, warehouses, elevators, and such facilities,\noperations or things as may be incidental or appurtenant thereto, and\nsuch property real or personal as may be acquired or used in connection\ntherewith, personal service, freight handling machinery and such\nequipment as is used in the handling of freight and the establishment\nand operation of a port, and the appurtenances thereto, and work of\ndeepening parts of the Hudson river adjacent to the terminal, exclusive\nof the channel, within the port district.\n