2023 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.