N.Y. Public Authorities Law § 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.