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This entry was published on 2014-09-22
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SECTION 1354
Purposes and powers of the authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 6, TITLE 2
§ 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.