NY Pub Auth L § 1354 (2021)
2021 New York Laws PBA - Public Authorities Article 6 - Port Authorities Title 2 - Port of Oswego Authority 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:  (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 section  eight  hundred fifty-eight of the general municipal law as well as to provide for the financing of such  projects  pursuant  to  article eighteen-A  of  the general municipal law; provided, however, that where any of  the  provisions  of  this  article  are  inconsistent  with  the provisions of section eight hundred fifty-eight of the general municipal law  pertaining  to industrial projects or, with respect to financing of such projects, article eighteen-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.