§ 1353. Port of Oswego authority. The board heretofore created by this section and known as the Oswego port authority is hereby continued and shall hereafter be known and designated as the port of Oswego authority. Such board shall be a body corporate and politic, constituting a public benefit corporation. The board shall consist of nine members, seven of whom shall be residents of the city of Oswego and one of whom shall be a resident of the town of Scriba, with at least one thereof being a member of or recommended by the county planning board of the county of Oswego commencing with the expiration of the term occurring first after July first nineteen hundred seventy-five. The terms of office of all members of the authority heretofore appointed and in office on March thirty-first, nineteen hundred sixty, shall expire and terminate on such date, provided, however, that they shall continue in office as such until the members first to be appointed by the governor as hereinafter in this section provided shall have qualified. The members of said authority shall be appointed by the governor, by and with the advice and consent of the senate. Of the members first appointed by the governor two members shall be appointed for a term ending September first, nineteen hundred sixty-one, two for terms ending September first, nineteen hundred sixty-two, two for terms ending September first, nineteen hundred sixty-three, and one for a term ending September first, nineteen hundred sixty-four. Any member appointed by the governor to fill any newly created membership on the board shall be appointed for a term ending on the first day of September nineteen hundred seventy-six. Thereafter, upon the expiration of the term of a member, a successor shall be appointed by the governor for a term expiring four years after the expiration of the term of his predecessor. If a vacancy shall occur by reason of a death, disqualification, resignation or removal of a member, the successor shall be appointed by the governor for the unexpired term. The members of the authority shall, before entering upon the duties of their office, take the constitutional oath of office and file the same in the office of the secretary of state. The authority shall organize by the selection from its members of a chairman, vice chairman, and a secretary. It shall adopt such rules as it may deem necessary and proper for the government of its own proceedings and the regulation and use of port facilities and industrial projects in the district, and shall keep a record of its proceedings. Rules pertaining to the regulation and use of port facilities and industrial projects shall be fair, reasonable and impartial and shall be subject to any law, rule or regulation administered by the interstate commerce commission or the public service commission or the water resources commission, or any other department or commission of the United States of America or of the state of New York, which has the jurisdiction in such matters and shall not operate to deprive any person or corporation, private or public, of any property without due process of law. A majority of the members of the authority shall constitute a quorum for the transaction of business and the concurrence of a majority of all members shall be necessary to the validity of any order of the authority. A member may be removed by the governor for cause after giving such member a copy of the charges and an opportunity to be heard thereon. The members of the authority shall serve without compensation but shall be entitled to reimbursement of their actual and necessary expenses incurred in the performance of their official duties.

Terms Used In N.Y. Public Authorities Law 1353

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • authority: shall mean the corporation created by section thirteen hundred fifty-three of this title. See N.Y. Public Authorities Law 1351
  • board: shall mean the members of the authority. See N.Y. Public Authorities Law 1351
  • city: shall mean the city of Oswego. See N.Y. Public Authorities Law 1351
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • district: shall mean the Oswego port authority district created by section eighteen hundred twenty-seven of this title. See N.Y. Public Authorities Law 1351
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Oath: A promise to tell the truth.
  • port facilities: shall mean , among other things, wharfs, docks, piers, terminals, railroad tracks or terminals, cold storage and refrigerating plants, warehouses, elevators, freight-handling machinery and such equipment as is used in the handling of freight and the establishment and operation of a port, and work of deepening parts of the Oswego river and Lake Ontario adjacent to the terminal exclusive of the harbor channel, within the port district, and any other works, properties, buildings, structures or other facilities necessary or desirable in connection with the development and operation of port facilities in the district. See N.Y. Public Authorities Law 1351
  • Quorum: The number of legislators that must be present to do business.
  • town: shall mean the town of Scriba, Oswego county. See N.Y. Public Authorities Law 1351