N.Y. Public Authorities Law § 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.