§ 1378. Ogdensburg port authority. A board to be known as the Ogdensburg port authority is hereby created. Such board shall be a body corporate and politic, constituting a public benefit corporation. The board shall consist of five members all of whom shall be residents of the city of Ogdensburg. The members of said authority shall be appointed by the mayor. One member shall be designated by the mayor to serve until December thirty-first, nineteen hundred fifty-eight; one to serve until December thirty-first, nineteen hundred fifty-nine; one to serve until December thirty-first, nineteen hundred sixty; one to serve until December thirty-first, nineteen hundred sixty-one; and one to serve until December thirty-first, nineteen hundred sixty-two. Upon the expiration of the term of a member, a successor shall be appointed by the mayor for a term expiring five 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 mayor 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 clerk of the county of St. Lawrence. 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 in the district, and shall keep a record of its proceedings. Rules pertaining to the regulation and use of port facilities 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 power and control 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 appointing power for cause after giving such member a copy of the charges and an opportunity to be heard in his own defense in person or by counsel upon not less than ten days' notice. The decision of the appointing power shall be subject to review pursuant to article seventy-eight of the civil practice act. 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 1378

  • authority: shall mean the corporation created by section thirteen hundred seventy-eight of this title. See N.Y. Public Authorities Law 1376
  • board: shall mean the members of the authority. See N.Y. Public Authorities Law 1376
  • city: shall mean the city of Ogdensburg. See N.Y. Public Authorities Law 1376
  • 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 Ogdensburg port authority district created by section thirteen hundred seventy-seven of this title. See N.Y. Public Authorities Law 1376
  • 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.
  • mayor: shall mean the mayor of the city. See N.Y. Public Authorities Law 1376
  • Oath: A promise to tell the truth.
  • port facilities: shall mean , among other things, wharfs, docks, refrigerating plants, warehouses, elevators, freight-handling piers, terminals, railroad tracks or terminals, cold storage and 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 St. See N.Y. Public Authorities Law 1376
  • Quorum: The number of legislators that must be present to do business.