N.Y. Public Authorities Law 1354 – Purposes and powers of the authority
§ 1354. Purposes and powers of the authority. The authority shall have power over the survey, development and operation of port facilities and industrial projects in such port district as hereinafter more specifically set forth, and the coordination of the same with existing or future agencies of transportation with a view to the increase and efficiency of all such facilities and projects and the furtherance of commerce and industry, environmental protection, aesthetics, health, welfare, safety, recreational opportunities, and historical appreciation in the district. It shall make a thorough investigation of port conditions in the district and such other places as it may deem proper and shall prepare after conducting public hearings a comprehensive plan for the development of port facilities, industrial projects, and other structures in such district and the furtherance of recreational opportunities and historical appreciation in the district. This comprehensive plan shall include the present use of the land and water in the district, the general capability thereof for development and use based on commercial, ecological, recreational and historic considerations, a statement of proposed development and/or preservation thereof which would accomplish a coordinated and economic use of the district in accordance with present and future needs and resources and best promote the health, safety, order, enjoyment, convenience, appreciation and welfare of the citizens of the district. It shall be provided with an office which shall be located by such authority within the port district and it shall have power to equip the same with suitable furniture and supplies for the performance of the work of the authority. The authority also shall have the power to:
Terms Used In N.Y. Public Authorities Law 1354
- authority: shall mean the corporation created by section thirteen hundred fifty-three of this title. See N.Y. Public Authorities Law 1351
- Bequest: Property gifted by will.
- board: shall mean the members of the authority. See N.Y. Public Authorities Law 1351
- bonds: shall mean bonds issued by the authority pursuant to this title. See N.Y. Public Authorities Law 1351
- city: shall mean the city of Oswego. See N.Y. Public Authorities Law 1351
- Contract: A legal written agreement that becomes binding when signed.
- 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
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- 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.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- 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
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Statute: A law passed by a legislature.
- town: shall mean the town of Scriba, Oswego county. See N.Y. Public Authorities Law 1351
(1) Sue and be sued.
(2) Have a seal and alter the same at pleasure.
(3) Confer with the governing body of the city, the town and with any other body or official having to do with port and harbor facilities within and without the district, and to hold public hearings as to such facilities.
(4) Confer with railroad, steamship, warehouse and other officials in the district with reference to the development of transportation facilities in such district and the coordination of the same.
(5) Confer with the proper state officials as to means and measures for stimulating use of the Barge canal.
(6) Determine upon the location, type, size and construction of requisite port facilities, subject, however, to the approval of any department, commission or official of the United States of America or the state of New York where federal or state statute or regulation requires it.
(7) Lease, erect, construct, make, equip and maintain port facilities in the district and for any such purpose to acquire in the name of the authority by purchase, grant, gift or condemnation, except as hereinafter limited, real property, including easements therein, lands under water and riparian rights.
(8) Make surveys, maps and plans for, and estimates of the cost of, the development and operation of requisite port facilities and other structures and for the coordination of such facilities and structures with existing agencies, both public and private, with the view of increasing the efficiency of all such facilities and the appropriateness of all such structures in the furtherance of commerce and industry, environmental protection, aesthetics, health, welfare, safety, recreational opportunities, historical appreciation in the city.
(9) Make contracts and leases and to execute all instruments necessary or convenient.
(10) Issue negotiable bonds within the provisions and limitations of this title and to provide for the rights of the holders thereof.
(11) Issue notes within the provisions and limitations of this act.
(12) Fix fees, rates, rentals or other charges for the purpose of all port facilities owned by the authority and collect such fees, rates, rentals and other charges for such facilities owned by the authority, which fees, rates, rentals or other charges shall at all times be sufficient to comply fully with all covenants and agreements with the holders of any bonds issued under the provisions of this act.
(13) Operate and maintain all port facilities owned by it; use the revenues therefrom for the corporate purposes of the authority, and in accordance with any covenants or agreements contained in the proceedings authorizing the issuance of any bonds hereunder.
(14) Have power to regulate and supervise the construction of all port facilities constructed or installed by any private individual or corporation commenced after this act takes effect, and the power to regulate the operation of all privately owned port facilities insofar as such operation may adversely affect the flow of transportation or the enforcement of approved plans for the development of port facilities. The power granted by this subdivision shall be subject to the rules, regulations or other directives of any federal or state department, commission or other agency having jurisdiction, and such grant of power shall not operate to deprive any person or corporation, private or public, of any property without due process of law.
(15) Accept gifts, grants, loans or contributions from the United States, the state of New York or an agency or instrumentality of either of them, the county of Oswego, the city of Oswego or the town of Scriba, or a person or corporation, by conveyance, bequest or otherwise, and to expend the proceeds for any purpose of the authority, and to enter into a contract with the United States, the state of New York, or an agency or instrumentality of either of them, to accept gifts, grants, loans or contributions on such terms and conditions as may be provided by law authorizing the same. The county of Oswego, the city of Oswego and the town of Scriba are hereby authorized to loan, donate or contribute any available fund to the port authority for any of its corporate purposes, and to appropriate such moneys for such purposes; but neither the county, the city nor the town may borrow money or otherwise pledge its faith and credit for the purpose of making any such loan, donation or contribution.
(16) Have power to grant and maintain a traffic bureau in connection with the operation of port facilities.
(17) Use the officers, employees, facilities and equipment of the city, with the consent of the city, and of the town, with the consent of the town, paying a proper portion of the compensation or cost.
(18) Appoint officers, agents and employees and fix and determine their qualifications, duties and compensation subject to the provisions of the civil service law of the state of New York and such rules as the civil service commission of the city of Oswego may adopt and make applicable to such authority.
(19) Designate the depositories of its moneys.
(20) Have power to do all things necessary to make Oswego harbor and its port facilities useful and productive.
(21) Make application to the foreign-trade zones board established by an act of Congress, approved June eighteenth, nineteen hundred thirty-four, entitled "an act to provide for the establishment, operation and maintenance of foreign trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes," for a grant to such authority of the privilege of establishing, operating and maintaining a foreign trade zone on premises owned by such authority within such city, pursuant to the provisions of such act, and if such application be granted, to accept such grant and to establish, operate and maintain such zone in accordance with law.
(22) With respect to industrial projects, to carry on any activities authorized for an industrial development agency as provided for in § 858 of the general municipal law as well as to provide for the financing of such projects pursuant to Article 18-A of the general municipal law; provided, however, that where any of the provisions of this article are inconsistent with the provisions of § 858 of the general municipal law pertaining to industrial projects or, with respect to financing of such projects, Article 18-A of the general municipal law, the provisions of this article shall be superceded and the provisions of such section eight hundred fifty-eight and such article eighteen-A shall apply.