New York Laws
Title 3 - Ogdensburg Port Authority
1379 - Purposes and Powers of the Authority.

(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.