2023 New York Laws › POA - Port of Albany 192/25

CHAPTER 192/1925
Section  1.  There  is hereby created and established a district to be
known as  the  "Albany  Port  District"  which  shall  embrace  all  the
territory  on  the easterly and westerly sides of the Hudson river which
on January first, nineteen hundred and twenty-nine, was included  within
the  city of Albany and the city of Rensselaer; and all lands and water,
in the Hudson river contiguous thereto, subject to the right, title  and
interest of the state in and to the lands under the waters of the Hudson
river.  Such  district is hereby declared to be a public corporation and
shall have perpetual existence and the power to acquire such real estate
and other property as may be necessary, to sue and  be  sued,  to  incur
debts  and liabilities, to have a seal, to exercise the right of eminent
domain, and to do all acts and exercise all  powers  authorized  by  and
subject  to  the  provisions  of  this  act,  but  subject  also  to the
constitution and laws  of  the  United  States.  Such  powers  shall  be
exercised by and in the name of the Albany port district commission.
§  2.  There  is  also  hereby created and established the Albany port
district commission, hereinafter called "the commission", which shall be
a  body  corporate  and  have  the  powers,  duties   and   jurisdiction
hereinafter  enumerated,  and such other additional powers and duties as
may from time to time be conferred upon it by  the  legislature  of  the
state.  The commission shall consist of five members, four of whom shall
be  residents of the city of Albany, and one of whom shall be a resident
of the city of Rensselaer. Four of the members of said commission  shall
be  appointed  by  the  governor upon the nomination of the mayor of the
city of  Albany;  one  member  shall  be  likewise  appointed  upon  the
nomination of the mayor of the city of Rensselaer. In the event that the
governor  shall  disapprove  any  nomination  so made the governor shall
return said nomination to the mayor making the same and such mayor shall
thereupon nominate another person in his or  her  place  and  stead  for
membership  on such commission. In the event a mayor shall within twenty
days after the receipt of such disapproved nomination fail  to  nominate
another person in his or her place and stead, the governor shall appoint
as  a  member  of  such  commission  a resident of the city in which the
person originally  nominated  resides  at  the  time  of  such  original
nomination.  The  terms of office of the members of the commission shall
be three years from the date of their  appointment.  A  vacancy  in  the
commission  arising by reason of death, resignation, or otherwise, shall
be filled for the balance of the unexpired term in the  same  manner  as
the  original appointment was made. The members of the commission 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  commission shall organize by the selection from its members
of a chairman, and the appointment of a secretary  and  treasurer.    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.
A majority of the members of such commission shall constitute  a  quorum
for  the  transaction  of  business and the concurrence of a majority of
such commission shall be necessary to the validity of any order  of  the
commission,  except  as otherwise provided by the local finance law. Any
member  of  the  commission  may  be  removed  by   the   governor   for
inefficiency,  neglect  of duty or misconduct in office, after a hearing
upon charges and an opportunity to be heard in his or her own defense in
person or by counsel upon not less than ten days' notice.  The  chairman
and  members  of  the  commission  shall  not  receive a salary or other
compensation, but the chairman and each member shall be  reimbursed  for

his  or her actual and necessary disbursements incurred in the discharge
of his or her duties.
§  3. The treasurer of such commission shall, before entering upon the
discharge of  his  duties,  execute  and  file  in  the  office  of  the
commission  his  bond  or  undertaking  in  the penal sum of twenty-five
thousand dollars, conditioned for the faithful performance of his duties
and the lawful application of all moneys which may come into  his  hands
as  such  treasurer.  He  shall  keep a full and accurate account of all
moneys received and paid out by the commission and such account shall at
all times be open to inspection. The treasurer, shall, in the  month  of
July  each year, make and file with the clerk of each such municipality,
a detailed verified report of all receipts  and  disbursements  for  the
preceding fiscal year.
§  3-a.  The  comptroller of the state of New York shall, from time to
time but not less than once in every five years examine  the  books  and
accounts  of  such  commission,  including  the receipts, disbursements,
contracts, leases, sinking  funds,  investment  and  any  other  matters
relating  to its financial standing. In lieu of such an examination, the
state comptroller is hereby authorized to accept from such commission an
external examination of its books and accounts made at its request.
§ 4. Such commission shall have power and authority over  the  survey,
development,   control   and  operation  of  port  facilities  and  such
facilities, operations or things as may  be  incidental  or  appurtenant
thereto,  within  such  port district, and the co-ordination 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; but nothing contained  in  this
section  shall be held to prevent any railroad corporation from building
and developing its own facilities and road upon its own property in  the
district  at  its  own  expense.  All  such  construction  by a railroad
corporation, however, shall conform to the general comprehensive plan of
the  commission,  for  port  development.  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 commission 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
commission. It shall (1) make an annual report of  its  proceedings  and
deliver  a copy of the same to the state superintendent of public works,
the state engineer and surveyor, the mayor, and the  common  council  of
each  municipality  within the port district, the resident United States
army engineer, the chief of engineers of the United States army and  the
secretary of commerce of the United States;
(2)  submit  to  the  governor,  the  chairman  of  the senate finance
committee, the chairman of the assembly ways and means committee and the
state comptroller, within ninety days after the end of its fiscal year a
complete  and  detailed  report  setting  forth:  (1)  its   operations,
accomplishments and plans; (2) its receipts and expenditures during such
fiscal  year and its estimated receipts and expenditures for the current
fiscal  year  in  accordance  with  the  categories  or  classifications
established  by  the commission for its own operating and capital outlay
purposes; (3) its assets and liabilities at the end of its  fiscal  year
including  the  status of reserve, depreciation, special or other funds;
and (4) a schedule of its bonds and notes outstanding at the end of  its
fiscal  year,  together  with  a  statement  of the amounts redeemed and
incurred during such fiscal year;
(3) submit to  the  governor,  the  chairman  of  the  senate  finance
committee, the chairman of the assembly ways and means committee and the
state  comptroller  within  thirty  days  after  receipt  thereof by the
commission, a copy of the report of every external  examination  of  its
books and accounts other than copies of the reports of such examinations
made by the state comptroller.
§ 5. Such port commission also shall (1) Have power to confer with the
governing  bodies of each of the municipalities within the port district
and dock, port, harbor, channel and improvement commission and any other
body or official having to do with port and harbor facilities within and
without the district and hold public hearings as to such facilities;
(2) Have power to confer with the railroad, steamship,  warehouse  and
other  officials  in  the  district with reference to the development of
transportation facilities in such district and the co-ordination of  the
same;
(3)  Confer  with  the proper state officials as to means and measures
for stimulating the use of the barge canal;
(4) Formulate and adopt a financial, building and  operation  program,
which shall be submitted to the mayor of each city, in the district, who
shall  be entitled to be heard thereon before formal adoption, notice of
such hearing to be given in writing at least twenty days before the  day
of such hearing;
(5)  Have power to adopt a comprehensive plan, and to change or revise
the same, for the development of port facilities in such district, which
plan may provide separately for the work  of  initial  development,  and
shall  include  an  estimate of the total cost of all the work and/or of
the work included in such initial development, and to apportion the cost
thereof, as provided in section eight, and  not  oftener  than  once  in
three  years  to  revise  such  apportionment to accord with any changes
theretofore made in the comprehensive plan, as required by said  section
eight;  and  as part of such comprehensive plan, or pursuant thereto, to
determine upon the location, type, size and  construction  of  requisite
port  facilities,  subject, however, to the approval of the secretary of
war and chief of engineers, United States Army, where federal statute or
regulation requires it;
(6) Have power to acquire, lease, erect, construct,  make,  equip  and
maintain  port facilities within or outside the district, either on land
owned by the district or upon land set aside for its uses  and  control,
as provided in section thirteen, and for any such purpose to acquire and
improve  real  property,  including easements therein, lands under water
and riparian rights, by agreement or by condemnation, and to sell, rent,
exchange or dispose of any property,  real  or  personal,  as  may  seem
advisable;
(7)  Have  power to contract with any municipality in the district for
the construction by the municipality of  one  or  more  docks,  wharves,
terminals or warehouses, to belong to the municipality and be maintained
by  it, whereby a part of the cost of construction shall be borne by the
district, in  cases  where  the  commission,  after  a  public  hearing,
determines  that  such  work is of common benefit to the municipalities,
inhabitants and property in the district;
(8)  Have  power  to  execute  contracts  within  the  provisions  and
limitations of this act;
(9)  Have  power to fix rates, charges and wharfage for the use of all
port facilities, or to rent the  same  or  grant  the  use  thereof  for
limited periods, and collect rates, rents, charges and wharfage for such
facilities owned or controlled by the district;
(10)  Operate  and maintain all port facilities owned or controlled by
it, including a general terminal railroad connecting with  any  railroad

within  said district, use the revenues therefrom for the upkeep thereof
and the expenses of the commission and the residue, if any, on  hand  at
the   end  of  any  fiscal  year,  for  further  construction  and  port
development, or in reduction of taxation;
(11)  Have  power  to  regulate  and  supervise  the  construction and
operation of all port facilities, by whomsoever  constructed,  installed
or owned;
(12) Expend moneys, if any, appropriated by the state for the purposes
of  this  act on account of benefits accruing thereunder to the state or
its property;
(13) Have power to create and maintain a traffic bureau;
(14) Have power to employ such clerical, engineering, legal  or  other
professional  assistants  as  it  may deem necessary for the purposes of
this act, fix their compensation and at pleasure discharge any of them;
(15) Have power to do all things necessary to make the  deeper  Hudson
project useful and productive.
The  terms "facilities," "port facilities," "terminals," and "terminal
work" as used in this act, shall include, among other  things,  wharves,
docks,  piers, terminals, railroad tracks on terminals, cold storage and
refrigerating  plants,  warehouses,  elevators,  and  such   facilities,
operations  or  things  as may be incidental or appurtenant thereto, and
such property real or personal as may be acquired or used in  connection
therewith,   personal  service,  freight  handling  machinery  and  such
equipment as is used in the handling of freight  and  the  establishment
and  operation  of  a  port,  and the appurtenances thereto, and work of
deepening parts of the Hudson river adjacent to the terminal,  exclusive
of the channel, within the port district.
§  6.  The  commission  may  make,  and  cause  to  be served upon any
municipal or other corporation, or individual, within the district,  any
reasonable  order  which it may determine to be necessary for the proper
development,  maintenance  and  use  of  the  port,  relating   to   the
construction,  equipment,  repair,  maintenance,  use  and rental of any
dock, wharf, slip,  terminal  or  warehouse  owned  or  leased  by  such
corporation  or individual within the district. With a copy of the order
shall be served a notice specifying a day, not less than ten days  after
such  service,  when  such corporation may appear before the commission,
present written objections to the making of the order and  be  heard  on
such  objections. If no such objections be filed within the time stated,
or if the order be sustained as the result of such  hearing,  either  in
its original or a modified form, such order shall be final, subject only
to  review by a court of competent jurisdiction; but no order staying or
suspending an order of  the  commission  shall  be  made  by  any  court
otherwise  than upon notice and after a hearing; and if the order of the
commission is suspended, the order suspending the same shall  contain  a
specific  finding  based  upon  evidence  submitted  to  the  court  and
identified by reference thereto that great and irreparable damage  would
otherwise  result  to  the  petitioner  and specifying the nature of the
damage. When an order of the commission shall  become  final,  including
the  termination of any court proceeding sustaining the order, or of the
time for beginning  such  a  proceeding  if  none  be  brought,  if  the
corporation  or individual shall fail to obey it, or if any municipal or
other corporation or individual shall  violate  a  lawful  rule  of  the
commission,  the  commission  may  commence  and  maintain  an action or
proceeding in the name of the Albany port district,  in  an  appropriate
court  having  jurisdiction, for the purpose of having such disobedience
to an order or violation of a  rule  prevented  or  obedience  enforced,
either  by  mandamus or injunction.  Such an action or proceeding may be

brought in the supreme court, which shall  have  jurisdiction  to  grant
mandamus or injunction or any other relief appropriate to the case.
§  7.  The  commission,  and  any  member thereof when directed by the
commission, may make any investigation which  the  commission  may  deem
necessary  to  enable it effectually to carry out the provisions of this
act, and for that purpose the commission, or such member, may  take  and
hear proofs and testimony and compel the attendance of witnesses and the
production  of  books,  papers,  records and documents, including public
records. The commission and its authorized agents  may  enter  upon  any
lands  as  in  its  judgment  may be necessary for the purpose of making
surveys and examinations to accomplish any purpose  authorized  by  this
act, the district being liable for actual damage done.
§  8. In the preparation of its comprehensive plan of port development
provided for in this act,  the  commission  shall  incorporate  existing
facilities  as  an  integral part thereof, so far as practicable. If the
commission shall determine as part of such plan that the district  shall
construct  any  port  facilities  or  contribute  to  the  cost  of such
facilities to be constructed by any municipality, the plan shall contain
specifications of all such work, estimates of the cost of  each  and  an
estimate  of  the  total cost, including the cost of acquiring necessary
real property; and the total cost of  such  work,  and  amount  of  such
contributions  shall be borne by all the municipalities in the district,
except as  hereinafter  provided.  The  commission  also  shall  make  a
tentative   determination   and  shall  annex  to  and  file  with  such
specifications and estimates  a  statement  showing  the  proportion  of
benefit  to  each  municipality  in the district from such improvements,
regard being had to the special benefit to the municipality in which any
district part of such work is to be done, and from the estimated  annual
average  expenditures  of  the  commission,  other than for construction
work, for a period of three years. Such proportions shall  be  expressed
in  decimals. The development of such port shall be deemed and is hereby
declared to be  a  public,  municipal  purpose  of  each  city,  in  the
district,  to  the  extent  of the local benefits accruing and to accrue
therefrom.   Such decimal,  with  respect  to  any  municipality,  shall
represent  the proportion of the total cost to be borne by it, and shall
be the proportion of the total amount to be raised annually  by  tax  on
the  taxable property in the municipality of the portion of such cost to
be provided annually, of the annual expenses  of  the  commission  other
than  for construction work and contributions to municipal construction,
and of any installment of principal and interest of  any  obligation  of
the  district  next to become due. At the end of each three year period,
new estimates shall be made of the expenses  of  the  commission,  other
than for construction work and such contributions, for the ensuing three
years,  and,  if  necessary, such apportionment shall be revised. It may
also  be  revised  if  there  be  subsequent  construction   work,   not
contemplated  by  the original comprehensive plan, by which the relative
benefits of the whole work to the several  municipalities  are  altered.
Notwithstanding, however, any provisions of this act, the entire cost of
construction  of  any  port facilities within the city of Albany or upon
land owned by said city, including the cost of acquiring  the  necessary
real property therefor, shall be borne by the city of Albany. Before any
apportionment  under  this section, or revision thereof, shall be deemed
final,  the  commission  shall  cause  its  determination  as  to   such
apportionment  to  be  published in at least two daily newspapers in the
district, twice in each week for two weeks,  and  shall  therewith  give
notice  of  a  public hearing on such apportionment, to be held not less
than ten days after the last publication. It shall also give  notice  to
each  municipality  by mailing a notice setting forth the time and place

of such hearing, which said notice shall be mailed to the mayor, and the
corporation counsel of each municipality at least ten  days  before  the
day   of   such   hearing.   It  shall  give  such  a  hearing  and  the
representatives of the governing body of a municipality and any taxpayer
in the district may be heard for or in opposition to such apportionment.
After  such hearing the commission shall file in the office of the clerk
of each such municipality its final determination, either affirming such
original apportionment or modifying it and affirming it as modified.
§ 9. The fiscal year of the district shall be from July first to  June
thirtieth,  inclusive.  Annually,  in  the month of June, the commission
shall file with the clerk and with the treasurer of  each  city  in  the
district,  a  statement  of  the  amount to be raised upon the territory
within  such  city  and  paid  to  the  commission,  for  the  estimated
expenditures  of  the commission under this act during such fiscal year,
including construction cost, expenses other than for  construction,  and
installments  of the district debt, if any, and interest, to fall due in
such year. The statement shall specify when the amount shall be paid  to
the  commission  which  shall,  so  far  as  practicable,  be  after the
collection of taxes next to be levied in or for such  municipality.  The
clerk  of  each  city  shall cause such statement to be presented to the
legislative governing body, and board of estimate, if any, of the  city,
at  its  next  meeting,  and  such  board or body shall cause the amount
chargeable to the several parcels of real  estate  in  the  city  to  be
levied  upon  such real estate in the city by the first annual municipal
tax levy next occurring, in proportion to the valuation of  the  taxable
real property for city taxes. The amounts chargeable under this section,
when  collected,  shall  be  paid to the treasurer of the commission. In
determining the total amount to be raised for any fiscal year under this
section  the  commission  shall  deduct  from  its  estimate  of   total
expenditures  the probable amount of net revenues, if any, from its port
facilities, and the amount of any appropriations by the  legislature  to
be available in such year.
Prior  to  the first apportionment of construction cost to the several
municipalities,  under  this  act,  and  the  fixing  of   the   decimal
representing  the proportion of benefit, the expenses of the commission,
or so much thereof as may not be provided for by  state  appropriations,
annually shall be borne by the several cities in the proportion that the
assessed  valuation  of  the  taxable  property in the district; and the
necessary statement shall be filed with each city clerk, as provided  in
this  section,  and the provisions of this section, relative to levy and
collection of a tax to pay such amounts shall apply thereto.
§ 10. After estimates of the cost of any improvement  or  improvements
by  the  commission  under  this  act shall have been made and after the
apportionment, or any  revision  or  apportionment,  covering  any  such
improvement or improvements shall have become final, as provided in this
act,  whereby  the  proportions  to  be  paid  by the real estate in the
several municipalities shall have been determined,  the  commission  may
provide  moneys  for construction of such improvements, in an amount not
exceeding such  estimated  cost.  Any  judicial  review  of  such  final
apportionment by the commission, however, shall not delay or prevent the
commencement  of construction work. Bonds or notes of the district shall
not be construed in any event as obligations of the state, and the state
shall not be obligated to pay the principal or interest, or either.
§ 10-A. Subject to the provisions of section three of article eight of
the constitution  and  section  six-a  of  the  general  municipal  law,
notwithstanding  the  provisions  of any other general, special or local
laws: (a) With the approval of and on terms and conditions prescribed by
the state comptroller, the commission may refund the  principal  of  and

issue  bonds  of  the  district  to  pay  the  interest  on  any  bonded
indebtedness or portion thereof  contracted  before  the  first  day  of
January,   nineteen  hundred  thirty-nine.  The  consent  of  the  state
comptroller  shall be executed under his hand and seal in duplicate. One
of such duplicates shall be filed in the office  of  the  department  of
audit  and  control  and  the  other  in  the office of the chief fiscal
officer of the commission. Both  of  such  duplicates  shall  be  public
records.  All  such  bonds  shall contain a recital that they are issued
pursuant to this section, which recital shall be conclusive evidence  of
their  validity  and of the regularity of the issue. The validity of the
bonds hereby authorized shall in no wise be affected by  the  invalidity
of,  or  any irregularity in any proceeding authorizing the issuance of,
the obligations the principal of or interest on which is to be paid with
the proceeds thereof except that bonds shall not be issued  to  pay  the
principal  of  or  interest on bonds of the district adjudged invalid by
the final judgment of a court of competent jurisdiction. No bonds issued
pursuant to this section shall be refunded. Such bonds may be authorized
at any general or special meeting of the commission by  the  vote  of  a
majority  of  the commission. Such bonds shall show upon their face that
the  payment  thereof  is  secured  by  general  tax  in   the   several
municipalities  in the Albany Port District under the provisions of this
act, reciting the title and chapter number hereof, and that the proceeds
of such tax are hereby pledged for the payment of such bonds. Such bonds
shall not be construed in any event as  bonds  or  indebtedness  of  the
state,  and  the  state  shall  not be obligated to pay the principal or
interest, or either, nor shall such bonds be considered  obligations  of
cities and subject to the provisions of section four of article eight of
the  constitution  of  the  state  of  New  York.  Such bonds shall bear
interest at a rate of not exceeding six per centum  per  annum,  payable
semi-annually. Such bonds, as issued from time to time, shall be paid in
annual  installments,  the first of which shall be payable not more than
five years and the last of which shall be payable  not  later  than  the
year  nineteen hundred and sixty-one. None of such installments shall be
more than twice the amount of any prior installment. Such bonds shall be
exempt from taxation except for transfer  and  inheritance  taxes.  They
shall  be  signed  by  the  chairman  of the commission, attested by its
secretary and have the seal of the district affixed thereto. The coupons
shall bear the facsimile signature of the treasurer of  the  commission.
They  shall be sold at not less than par. The commission shall sell such
bonds to the highest bidder after advertisement for  a  period  of  five
consecutive  days,  Sundays and holidays excepted, in at least two daily
newspapers published in the city of Albany. Advertisements shall contain
a provision to the effect that the commission, in  its  discretion,  may
reject  any  or  all bids made in pursuance of such advertisement and in
the event of such rejection, the commission is authorized to readvertise
for bids in the form and manner above described as many times as in  its
judgment  may  be  necessary  to effect a sale. In the event that at any
time prior to April first, nineteen  hundred  forty-three  no  bids  are
received  on  the  date named in such advertisement, the commission may,
within sixty days thereafter at a regular or special  meeting  at  which
not  less  than  four  members are present and acting by the affirmative
vote of not less than three members, sell such bonds or any part thereof
at private sale, with or without competition on any bid which  it  could
have  legally  accepted  had  it been received on the date named in such
advertisement. Such bonds shall be lawful investments for  trustees  and
savings  banks  of the state, and may be accepted as investments for any
of the sinking funds or other funds or moneys of the state or of any  of
the agencies, municipalities or political subdivisions of the state.
(b)  The  amount of any bonds issued hereunder for any purpose, except
to  pay  the  principal  on  maturing  bonds,  shall  be   included   in
ascertaining  the  power  of  each  of the cities within the district to
contract indebtedness; the portion  of  the  total  to  be  included  in
computing  the  debt  of  each  city to be determined in accordance with
general law.
(c) Any provisions of this chapter inconsistent with the provisions of
this section ten-A shall not apply to the bonds hereby authorized to  be
issued.
§  10-b.  Notwithstanding any inconsistent provision of this act or of
any other general, special or  local  law,  all  bonds  issued  by  such
commission  after  this section shall become effective, shall be sold at
public sale, except that such commission may sell any of  its  bonds  at
private sale if the state comptroller upon proper application shall give
his  approval  and consent in writing to such private sale and the terms
thereof. Notwithstanding the foregoing, however, such commission may not
sell any of its bonds to  the  state  comptroller  at  private  sale  or
exchange  any  of  its  bonds  for any of its bonds or notes held by the
state comptroller.
§ 11. No proposition of expenditure of money for  the  acquisition  of
any  real  property, or interest therein or the purchase of machinery or
equipment, or the  work  of  construction  of  terminals,  involving  an
expenditure of one thousand dollars or upwards, shall be adopted without
the  consent  of three members of such commission. All construction work
and the purchase of machinery which would involve an expenditure of more
than  one  thousand  dollars  shall  be   upon   contract,   let   after
advertisement  and  competitive bidding, and on plans and specifications
on file in the office of the commission.
§ 12. No member of such commission shall  be  pecuniarily  interested,
either directly or indirectly, in the doing or furnishing of any work or
material  for  the  commission or any municipality, in carrying out such
plan of port development.
§ 13. Any municipality within the district may set  aside  and  devote
any  property  owned by such municipality and which is suitable for port
facilities, to the uses and control of the  port  commission,  provided,
that the legislative body of such municipality shall, by a majority vote
of  all  its  members  and,  where  there  is  a  board  of estimate and
apportionment, by a vote also of a majority of all the members  of  such
board,  give consent to such use and control and prescribe the terms and
conditions upon which the same shall be held.
§ 14. The title to any real estate, or interest therein  acquired  for
port  facilities  and  to  any  improvements  which may be made thereon,
situate in any municipality which has paid for the same, shall remain in
such municipality; but such property shall be  maintained  and  operated
subject  to  the rules and the control of the port commission, and shall
be used for port purposes.
§ 15. The sum of five thousand dollars ($5,000), or so much thereof as
may be necessary, is hereby appropriated from any moneys  in  the  state
treasury   not  otherwise  appropriated,  for  paying  the  expenses  in
connection with the appointment and functioning of  the  commission,  as
provided  in  this  act,  until  the  moneys  necessary  for meeting the
expenses thereafter incurred by such commission, may be assessed, levied
and  collected  in  the  municipalities  within  the  port  district  as
hereinbefore  provided;  and  such  sum,  or  so  much thereof as may be
necessary, shall be paid by the state treasurer on the  warrant  of  the
comptroller upon the order of the chairman of the port commission.