NY Pub Auth L § 1379 (2021)
2021 New York Laws PBA - Public Authorities Article 6 - Port Authorities Title 3 - Ogdensburg Port Authority 1379 - Purposes and Powers of the Authority.

§ 1379. Purposes and powers of the authority. The authority shall have power  over  the survey, development and operation of port facilities 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  the  furtherance  of  commerce  and  industries  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 a comprehensive plan for the development of port  facilities  in such  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 power to:  (1) Sue and be sued.  (2) Have a seal and alter the same at pleasure.  (3) Confer with the governing body of the city 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, and assist and cooperate with the Ogdensburg bridge authority in the establishment, maintenance and operation of  a  public  bus  transportation  system  as authorized  by  subdivision  eighteen  of section seven hundred three of this chapter, including the payment of such financial assistance as  may be   required  for  the  proper  functioning  of  the  said  public  bus transportation system.  (5) Confer with the proper state officials as to  means  and  measures for stimulating use of the Ogdensburg port.  (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  for  the coordination  of such facilities with existing agencies, both public and private, with  the  view  of  increasing  the  efficiency  of  all  such facilities in the furtherance of commerce and industry 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.  (11-a) Issue notes or other indentures to the  federal  government  or any  agency  thereof  secured  by mortgages on real or personal property acquired from the proceeds of loans or grants or a combination  of  both obtained from the federal government or any agency thereof.  (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 in so far 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  city  of  Ogdensburg,  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  city of  Ogdensburg  is  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 the city may not 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 Ogdensburg may adopt and make applicable to such authority.  (19) Designate the depositories of its moneys.  (20) Have power to do all things necessary  to  promote  and  to  make Ogdensburg  bridge,  harbor  and  its  port  facilities  and  industrial projects useful and productive and to  assist  and  cooperate  with  the Ogdensburg bridge authority and other public agencies for such purposes.  (21)  Negotiate  with  the officials of the city of Ogdensburg for the acquisition of the Ogdensburg international  airport,  to  acquire  such airport,  and  when  so  acquired, to operate, maintain and improve such airport and to construct, extend, operate and maintain runways, hangars, shops, passenger stations, control towers, and all facilities  necessary or  convenient  in  connection  with  a modern international airport; to contract for the construction, operation or  maintenance  of  any  parts thereof  or  for  services  to  be performed; to rent parts thereof, and grant concessions; all on such terms and conditions as it may  determine subject to all federal, state and local regulations.  (22) Proceed with the development of the port district and to improve, construct,  develop,  reconstruct  and  update such facilities as it may deem necessary including the leasing or rental  of  its  properties  and  facilities  for  public  or  private  purposes  in  order  to  make  the development thereof economically feasible; provided,  however,  that  no lease shall be made for a period of more than thirty years from the date of its execution.  (23)  Make application to the Foreign-Trade Zones Board established by the  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 the county of St. Lawrence, 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.  (24) To develop and establish an industrial park on lands acquired  or to   be  acquired  by  the  authority  for  the  purposes  of  building, constructing or causing  the  building  or  constructing  of  industrial projects thereon.  (25)  To  arrange  or  contract  with a municipality for the planning, replanning, opening, grading or closing  of  streets,  roads,  roadways, alleys  or  other  places or for the furnishing of facilities or for the furnishing of services in connection with an industrial project.  (26) To sell, lease, assign, transfer, convey, exchange, mortgage,  or otherwise dispose of or encumber any industrial project, and in the case of  the  sale  of  any  industrial  project,  to accept a purchase money mortgage in connection therewith; and to lease, repurchase or  otherwise acquire  and  hold  any  industrial  project  which  the  authority  has theretofore sold, leased or otherwise conveyed, transferred or  disposed of.  (27)  To  grant options to purchase any industrial project or to renew any leases entered into by it in connection with any industrial project, on such terms and conditions as it may deem advisable.  (28) To prepare or cause to be prepared plans, specifications, designs and  estimates  of   costs   for   the   construction,   reconstruction, rehabilitation,  improvement,  alteration  or  repair  of any industrial project, and from time to time to  modify  such  plans,  specifications, designs or estimates.  (29)  In  connection with any property on which it has made a mortgage loan, to foreclose on any  such  property  or  commence  any  action  to protect  or  enforce  any  right conferred upon it by any law, mortgage, contract or other agreement, and to bid for and purchase  such  property at  any  foreclosure or at any other sale, or acquire or take possession of any such property; and in such event the  corporation  may  complete, administer,  pay  the  principal  of  and  interest  on  any obligations incurred in connection with such property,  dispose  of,  and  otherwise deal with such property, in such manner as may be necessary or desirable to protect the interests of the authority therein.  (30)  To  borrow  money and to issue its negotiable bonds and notes in connection with any industrial project and to provide for the rights  of the holders thereof.  (31)  As security for the payment of the principal and interest on any bonds  issued  in  connection  with  any  industrial  project  and   any agreements  made  in connection therewith, to mortgage and pledge any or all of its industrial projects and to pledge the revenues  and  receipts therefrom  or  from  any  industrial  project  thereof, and to assign or pledge the lease or leases on any portion  or  all  of  said  industrial  projects  and  to assign or pledge the income received by virtue of said lease or leases.  (32)  To  invest  any  funds  held in reserve or sinking funds, or any monies not required for immediate use or disbursement, at the discretion of the authority, in obligations of the state, or of the  United  States government,  or  obligations  the  principal  and  interest of which are guaranteed by the state or the United States government.  (33) The authority may acquire by  purchase,  gift,  grant,  transfer, contract  or  lease any railroad transportation facility and may on such terms and conditions as the authority may determine necessary establish, construct, effectuate, operate, maintain, renovate,  improve  or  repair such line of railroad.  (34)   The   authority  may  acquire,  hold,  own,  lease,  establish, construct, effectuate, operate, maintain, renovate, improve,  extend  or repair  any  of its facilities through, and cause any one or more of its powers, duties, functions or activities to be exercised or performed by, one or more wholly owned subsidiary corporations of  the  authority  and may  transfer  to or from any such corporation any moneys, real property or other property for any of the purposes of this title.  The  directors or members of each such subsidiary corporation shall be the same persons holding  the  offices  of members of the authority. Each such subsidiary corporation and any of its property, functions and activities shall have all of the privileges, immunities, tax exemptions and  other  exemptions of  the  authority  and  of  the  authority's  property,  functions  and activities. Each such subsidiary corporation shall  be  subject  to  the restrictions and limitations to which the authority may be subject. Each such  subsidiary corporation shall be subject to suit in accordance with section thirteen hundred sixteen of this title.  The  employees  of  any such  subsidiary corporation, except those who are also employees of the authority, shall not be deemed employees of the authority.   If the authority shall determine that one or more  of  its  subsidiary corporations  should  be in the form of a public benefit corporation, it shall create each such  public  benefit  corporation  by  executing  and filing with the secretary of state a certificate of incorporation, which may  be  amended  from time to time by filing, which shall set forth the name of such public benefit subsidiary corporation,  its  duration,  the location  of  its  principal  office,  and any or all of the purposes of acquiring, owning, leasing,  establishing,  constructing,  effectuating, operating,  maintaining,  renovating,  improving, extending or repairing one or more facilities  of  the  authority.  Each  such  public  benefit subsidiary  corporation  shall be a body politic and corporate and shall have all those powers vested in the authority by the provisions of  this title  which the authority shall determine to include in its certificate of incorporation except the power to contract indebtedness.   Whenever any state, political subdivision,  municipality,  commission, agency, officer, department, board, division or person is authorized and empowered  for  any of the purposes of this title to cooperate and enter into agreements with the authority such  state,  political  subdivision, municipality,  commission,  agency, officer, department, board, division or person shall have the same authorization and power for  any  of  such purposes  to  cooperate  and  enter  into  agreements  with a subsidiary corporation of the authority.