Section 1. There is hereby created and established a district to be
known as the "Albany Port District" which shall embrace all the
territory on the easterly and westerly sides of the Hudson river which
on January first, nineteen hundred and twenty-nine, was included within
the city of Albany and the city of Rensselaer; and all lands and water,
in the Hudson river contiguous thereto, subject to the right, title and
interest of the state in and to the lands under the waters of the Hudson
river. Such district is hereby declared to be a public corporation and
shall have perpetual existence and the power to acquire such real estate
and other property as may be necessary, to sue and be sued, to incur
debts and liabilities, to have a seal, to exercise the right of eminent
domain, and to do all acts and exercise all powers authorized by and
subject to the provisions of this act, but subject also to the
constitution and laws of the United States. Such powers shall be
exercised by and in the name of the Albany port district commission.
There is also hereby created and established the Albany port
district commission, hereinafter called "the commission", which shall be
a body corporate and have the powers, duties and jurisdiction
hereinafter enumerated, and such other additional powers and duties as
may from time to time be conferred upon it by the legislature of the
state. The commission shall consist of five members, four of whom shall
be residents of the city of Albany, and one of whom shall be a resident
of the city of Rensselaer. Four of the members of said commission shall
be appointed by the governor upon the nomination of the mayor of the
city of Albany; one member shall be likewise appointed upon the
nomination of the mayor of the city of Rensselaer. In the event that the
governor shall disapprove any nomination so made the governor shall
return said nomination to the mayor making the same and such mayor shall
thereupon nominate another person in his or her place and stead for
membership on such commission. In the event a mayor shall within twenty
days after the receipt of such disapproved nomination fail to nominate
another person in his or her place and stead, the governor shall appoint
as a member of such commission a resident of the city in which the
person originally nominated resides at the time of such original
nomination. The terms of office of the members of the commission shall
be three years from the date of their appointment. A vacancy in the
commission arising by reason of death, resignation, or otherwise, shall
be filled for the balance of the unexpired term in the same manner as
the original appointment was made. The members of the commission shall,
before entering upon the duties of their office, take the constitutional
oath of office, and file the same in the office of the secretary of
state. The commission shall organize by the selection from its members
of a chairman, and the appointment of a secretary and treasurer. It
shall adopt such rules as it may deem necessary and proper for the
government of its own proceedings and the regulation and use of port
facilities in the district, and shall keep a record of its proceedings.
A majority of the members of such commission shall constitute a quorum
for the transaction of business and the concurrence of a majority of
such commission shall be necessary to the validity of any order of the
commission, except as otherwise provided by the local finance law. Any
member of the commission may be removed by the governor for
inefficiency, neglect of duty or misconduct in office, after a hearing
upon charges and an opportunity to be heard in his or her own defense in
person or by counsel upon not less than ten days' notice. The chairman
and members of the commission shall not receive a salary or other
compensation, but the chairman and each member shall be reimbursed for
his or her actual and necessary disbursements incurred in the discharge
of his or her duties.
The treasurer of such commission shall, before entering upon the
discharge of his duties, execute and file in the office of the
commission his bond or undertaking in the penal sum of twenty-five
thousand dollars, conditioned for the faithful performance of his duties
and the lawful application of all moneys which may come into his hands
as such treasurer. He shall keep a full and accurate account of all
moneys received and paid out by the commission and such account shall at
all times be open to inspection. The treasurer, shall, in the month of
July each year, make and file with the clerk of each such municipality,
a detailed verified report of all receipts and disbursements for the
preceding fiscal year.
The comptroller of the state of New York shall, from time to
time but not less than once in every five years examine the books and
accounts of such commission, including the receipts, disbursements,
contracts, leases, sinking funds, investment and any other matters
relating to its financial standing. In lieu of such an examination, the
state comptroller is hereby authorized to accept from such commission an
external examination of its books and accounts made at its request.
Such commission shall have power and authority over the survey,
development, control and operation of port facilities and such
facilities, operations or things as may be incidental or appurtenant
thereto, within such port district, and the co-ordination 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; but nothing contained in this
section shall be held to prevent any railroad corporation from building
and developing its own facilities and road upon its own property in the
district at its own expense. All such construction by a railroad
corporation, however, shall conform to the general comprehensive plan of
the commission, for port development. 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 commission 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
commission. It shall (1) make an annual report of its proceedings and
deliver a copy of the same to the state superintendent of public works,
the state engineer and surveyor, the mayor, and the common council of
each municipality within the port district, the resident United States
army engineer, the chief of engineers of the United States army and the
secretary of commerce of the United States;
(2) submit to the governor, the chairman of the senate finance
committee, the chairman of the assembly ways and means committee and the
state comptroller, within ninety days after the end of its fiscal year a
complete and detailed report setting forth: (1) its operations,
accomplishments and plans; (2) its receipts and expenditures during such
fiscal year and its estimated receipts and expenditures for the current
fiscal year in accordance with the categories or classifications
established by the commission for its own operating and capital outlay
purposes; (3) its assets and liabilities at the end of its fiscal year
including the status of reserve, depreciation, special or other funds;
and (4) a schedule of its bonds and notes outstanding at the end of its
fiscal year, together with a statement of the amounts redeemed and
incurred during such fiscal year;
(3) submit to the governor, the chairman of the senate finance
committee, the chairman of the assembly ways and means committee and the
state comptroller within thirty days after receipt thereof by the
commission, a copy of the report of every external examination of its
books and accounts other than copies of the reports of such examinations
made by the state comptroller.
Such port commission also shall (1) Have power to confer with the
governing bodies of each of the municipalities within the port district
and dock, port, harbor, channel and improvement commission and any other
body or official having to do with port and harbor facilities within and
without the district and hold public hearings as to such facilities;
(2) Have power to confer with the railroad, steamship, warehouse and
other officials in the district with reference to the development of
transportation facilities in such district and the co-ordination of the
same;
(3) Confer with the proper state officials as to means and measures
for stimulating the use of the barge canal;
(4) Formulate and adopt a financial, building and operation program,
which shall be submitted to the mayor of each city, in the district, who
shall be entitled to be heard thereon before formal adoption, notice of
such hearing to be given in writing at least twenty days before the day
of such hearing;
(5) Have power to adopt a comprehensive plan, and to change or revise
the same, for the development of port facilities in such district, which
plan may provide separately for the work of initial development, and
shall include an estimate of the total cost of all the work and/or of
the work included in such initial development, and to apportion the cost
thereof, as provided in section eight, and not oftener than once in
three years to revise such apportionment to accord with any changes
theretofore made in the comprehensive plan, as required by said section
eight; and as part of such comprehensive plan, or pursuant thereto, to
determine upon the location, type, size and construction of requisite
port facilities, subject, however, to the approval of the secretary of
war and chief of engineers, United States Army, where federal statute or
regulation requires it;
(6) Have power to acquire, lease, erect, construct, make, equip and
maintain port facilities within or outside the district, either on land
owned by the district or upon land set aside for its uses and control,
as provided in section thirteen, and for any such purpose to acquire and
improve real property, including easements therein, lands under water
and riparian rights, by agreement or by condemnation, and to sell, rent,
exchange or dispose of any property, real or personal, as may seem
advisable;
(7) Have power to contract with any municipality in the district for
the construction by the municipality of one or more docks, wharves,
terminals or warehouses, to belong to the municipality and be maintained
by it, whereby a part of the cost of construction shall be borne by the
district, in cases where the commission, after a public hearing,
determines that such work is of common benefit to the municipalities,
inhabitants and property in the district;
(8) Have power to execute contracts within the provisions and
limitations of this act;
(9) Have power to fix rates, charges and wharfage for the use of all
port facilities, or to rent the same or grant the use thereof for
limited periods, and collect rates, rents, charges and wharfage for such
facilities owned or controlled by the district;
(10) Operate and maintain all port facilities owned or controlled by
it, including a general terminal railroad connecting with any railroad
within said district, use the revenues therefrom for the upkeep thereof
and the expenses of the commission and the residue, if any, on hand at
the end of any fiscal year, for further construction and port
development, or in reduction of taxation;
(11) Have power to regulate and supervise the construction and
operation of all port facilities, by whomsoever constructed, installed
or owned;
(12) Expend moneys, if any, appropriated by the state for the purposes
of this act on account of benefits accruing thereunder to the state or
its property;
(13) Have power to create and maintain a traffic bureau;
(14) Have power to employ such clerical, engineering, legal or other
professional assistants as it may deem necessary for the purposes of
this act, fix their compensation and at pleasure discharge any of them;
(15) Have power to do all things necessary to make the deeper Hudson
project useful and productive.
The terms "facilities," "port facilities," "terminals," and "terminal
work" as used in this act, shall include, among other things, wharves,
docks, piers, terminals, railroad tracks on terminals, cold storage and
refrigerating plants, warehouses, elevators, and such facilities,
operations or things as may be incidental or appurtenant thereto, and
such property real or personal as may be acquired or used in connection
therewith, personal service, freight handling machinery and such
equipment as is used in the handling of freight and the establishment
and operation of a port, and the appurtenances thereto, and work of
deepening parts of the Hudson river adjacent to the terminal, exclusive
of the channel, within the port district.
The commission may make, and cause to be served upon any
municipal or other corporation, or individual, within the district, any
reasonable order which it may determine to be necessary for the proper
development, maintenance and use of the port, relating to the
construction, equipment, repair, maintenance, use and rental of any
dock, wharf, slip, terminal or warehouse owned or leased by such
corporation or individual within the district. With a copy of the order
shall be served a notice specifying a day, not less than ten days after
such service, when such corporation may appear before the commission,
present written objections to the making of the order and be heard on
such objections. If no such objections be filed within the time stated,
or if the order be sustained as the result of such hearing, either in
its original or a modified form, such order shall be final, subject only
to review by a court of competent jurisdiction; but no order staying or
suspending an order of the commission shall be made by any court
otherwise than upon notice and after a hearing; and if the order of the
commission is suspended, the order suspending the same shall contain a
specific finding based upon evidence submitted to the court and
identified by reference thereto that great and irreparable damage would
otherwise result to the petitioner and specifying the nature of the
damage. When an order of the commission shall become final, including
the termination of any court proceeding sustaining the order, or of the
time for beginning such a proceeding if none be brought, if the
corporation or individual shall fail to obey it, or if any municipal or
other corporation or individual shall violate a lawful rule of the
commission, the commission may commence and maintain an action or
proceeding in the name of the Albany port district, in an appropriate
court having jurisdiction, for the purpose of having such disobedience
to an order or violation of a rule prevented or obedience enforced,
either by mandamus or injunction. Such an action or proceeding may be
brought in the supreme court, which shall have jurisdiction to grant
mandamus or injunction or any other relief appropriate to the case.
The commission, and any member thereof when directed by the
commission, may make any investigation which the commission may deem
necessary to enable it effectually to carry out the provisions of this
act, and for that purpose the commission, or such member, may take and
hear proofs and testimony and compel the attendance of witnesses and the
production of books, papers, records and documents, including public
records. The commission and its authorized agents may enter upon any
lands as in its judgment may be necessary for the purpose of making
surveys and examinations to accomplish any purpose authorized by this
act, the district being liable for actual damage done.
In the preparation of its comprehensive plan of port development
provided for in this act, the commission shall incorporate existing
facilities as an integral part thereof, so far as practicable. If the
commission shall determine as part of such plan that the district shall
construct any port facilities or contribute to the cost of such
facilities to be constructed by any municipality, the plan shall contain
specifications of all such work, estimates of the cost of each and an
estimate of the total cost, including the cost of acquiring necessary
real property; and the total cost of such work, and amount of such
contributions shall be borne by all the municipalities in the district,
except as hereinafter provided. The commission also shall make a
tentative determination and shall annex to and file with such
specifications and estimates a statement showing the proportion of
benefit to each municipality in the district from such improvements,
regard being had to the special benefit to the municipality in which any
district part of such work is to be done, and from the estimated annual
average expenditures of the commission, other than for construction
work, for a period of three years. Such proportions shall be expressed
in decimals. The development of such port shall be deemed and is hereby
declared to be a public, municipal purpose of each city, in the
district, to the extent of the local benefits accruing and to accrue
therefrom. Such decimal, with respect to any municipality, shall
represent the proportion of the total cost to be borne by it, and shall
be the proportion of the total amount to be raised annually by tax on
the taxable property in the municipality of the portion of such cost to
be provided annually, of the annual expenses of the commission other
than for construction work and contributions to municipal construction,
and of any installment of principal and interest of any obligation of
the district next to become due. At the end of each three year period,
new estimates shall be made of the expenses of the commission, other
than for construction work and such contributions, for the ensuing three
years, and, if necessary, such apportionment shall be revised. It may
also be revised if there be subsequent construction work, not
contemplated by the original comprehensive plan, by which the relative
benefits of the whole work to the several municipalities are altered.
Notwithstanding, however, any provisions of this act, the entire cost of
construction of any port facilities within the city of Albany or upon
land owned by said city, including the cost of acquiring the necessary
real property therefor, shall be borne by the city of Albany. Before any
apportionment under this section, or revision thereof, shall be deemed
final, the commission shall cause its determination as to such
apportionment to be published in at least two daily newspapers in the
district, twice in each week for two weeks, and shall therewith give
notice of a public hearing on such apportionment, to be held not less
than ten days after the last publication. It shall also give notice to
each municipality by mailing a notice setting forth the time and place
of such hearing, which said notice shall be mailed to the mayor, and the
corporation counsel of each municipality at least ten days before the
day of such hearing. It shall give such a hearing and the
representatives of the governing body of a municipality and any taxpayer
in the district may be heard for or in opposition to such apportionment.
After such hearing the commission shall file in the office of the clerk
of each such municipality its final determination, either affirming such
original apportionment or modifying it and affirming it as modified.
The fiscal year of the district shall be from July first to June
thirtieth, inclusive. Annually, in the month of June, the commission
shall file with the clerk and with the treasurer of each city in the
district, a statement of the amount to be raised upon the territory
within such city and paid to the commission, for the estimated
expenditures of the commission under this act during such fiscal year,
including construction cost, expenses other than for construction, and
installments of the district debt, if any, and interest, to fall due in
such year. The statement shall specify when the amount shall be paid to
the commission which shall, so far as practicable, be after the
collection of taxes next to be levied in or for such municipality. The
clerk of each city shall cause such statement to be presented to the
legislative governing body, and board of estimate, if any, of the city,
at its next meeting, and such board or body shall cause the amount
chargeable to the several parcels of real estate in the city to be
levied upon such real estate in the city by the first annual municipal
tax levy next occurring, in proportion to the valuation of the taxable
real property for city taxes. The amounts chargeable under this section,
when collected, shall be paid to the treasurer of the commission. In
determining the total amount to be raised for any fiscal year under this
section the commission shall deduct from its estimate of total
expenditures the probable amount of net revenues, if any, from its port
facilities, and the amount of any appropriations by the legislature to
be available in such year.
Prior to the first apportionment of construction cost to the several
municipalities, under this act, and the fixing of the decimal
representing the proportion of benefit, the expenses of the commission,
or so much thereof as may not be provided for by state appropriations,
annually shall be borne by the several cities in the proportion that the
assessed valuation of the taxable property in the district; and the
necessary statement shall be filed with each city clerk, as provided in
this section, and the provisions of this section, relative to levy and
collection of a tax to pay such amounts shall apply thereto.
After estimates of the cost of any improvement or improvements
by the commission under this act shall have been made and after the
apportionment, or any revision or apportionment, covering any such
improvement or improvements shall have become final, as provided in this
act, whereby the proportions to be paid by the real estate in the
several municipalities shall have been determined, the commission may
provide moneys for construction of such improvements, in an amount not
exceeding such estimated cost. Any judicial review of such final
apportionment by the commission, however, shall not delay or prevent the
commencement of construction work. Bonds or notes of the district shall
not be construed in any event as obligations of the state, and the state
shall not be obligated to pay the principal or interest, or either.
Subject to the provisions of section three of article eight of
the constitution and section six-a of the general municipal law,
notwithstanding the provisions of any other general, special or local
laws: (a) With the approval of and on terms and conditions prescribed by
the state comptroller, the commission may refund the principal of and
issue bonds of the district to pay the interest on any bonded
indebtedness or portion thereof contracted before the first day of
January, nineteen hundred thirty-nine. The consent of the state
comptroller shall be executed under his hand and seal in duplicate. One
of such duplicates shall be filed in the office of the department of
audit and control and the other in the office of the chief fiscal
officer of the commission. Both of such duplicates shall be public
records. All such bonds shall contain a recital that they are issued
pursuant to this section, which recital shall be conclusive evidence of
their validity and of the regularity of the issue. The validity of the
bonds hereby authorized shall in no wise be affected by the invalidity
of, or any irregularity in any proceeding authorizing the issuance of,
the obligations the principal of or interest on which is to be paid with
the proceeds thereof except that bonds shall not be issued to pay the
principal of or interest on bonds of the district adjudged invalid by
the final judgment of a court of competent jurisdiction. No bonds issued
pursuant to this section shall be refunded. Such bonds may be authorized
at any general or special meeting of the commission by the vote of a
majority of the commission. Such bonds shall show upon their face that
the payment thereof is secured by general tax in the several
municipalities in the Albany Port District under the provisions of this
act, reciting the title and chapter number hereof, and that the proceeds
of such tax are hereby pledged for the payment of such bonds. Such bonds
shall not be construed in any event as bonds or indebtedness of the
state, and the state shall not be obligated to pay the principal or
interest, or either, nor shall such bonds be considered obligations of
cities and subject to the provisions of section four of article eight of
the constitution of the state of New York. Such bonds shall bear
interest at a rate of not exceeding six per centum per annum, payable
semi-annually. Such bonds, as issued from time to time, shall be paid in
annual installments, the first of which shall be payable not more than
five years and the last of which shall be payable not later than the
year nineteen hundred and sixty-one. None of such installments shall be
more than twice the amount of any prior installment. Such bonds shall be
exempt from taxation except for transfer and inheritance taxes. They
shall be signed by the chairman of the commission, attested by its
secretary and have the seal of the district affixed thereto. The coupons
shall bear the facsimile signature of the treasurer of the commission.
They shall be sold at not less than par. The commission shall sell such
bonds to the highest bidder after advertisement for a period of five
consecutive days, Sundays and holidays excepted, in at least two daily
newspapers published in the city of Albany. Advertisements shall contain
a provision to the effect that the commission, in its discretion, may
reject any or all bids made in pursuance of such advertisement and in
the event of such rejection, the commission is authorized to readvertise
for bids in the form and manner above described as many times as in its
judgment may be necessary to effect a sale. In the event that at any
time prior to April first, nineteen hundred forty-three no bids are
received on the date named in such advertisement, the commission may,
within sixty days thereafter at a regular or special meeting at which
not less than four members are present and acting by the affirmative
vote of not less than three members, sell such bonds or any part thereof
at private sale, with or without competition on any bid which it could
have legally accepted had it been received on the date named in such
advertisement. Such bonds shall be lawful investments for trustees and
savings banks of the state, and may be accepted as investments for any
of the sinking funds or other funds or moneys of the state or of any of
the agencies, municipalities or political subdivisions of the state.
(b) The amount of any bonds issued hereunder for any purpose, except
to pay the principal on maturing bonds, shall be included in
ascertaining the power of each of the cities within the district to
contract indebtedness; the portion of the total to be included in
computing the debt of each city to be determined in accordance with
general law.
(c) Any provisions of this chapter inconsistent with the provisions of
this section ten-A shall not apply to the bonds hereby authorized to be
issued.
Notwithstanding any inconsistent provision of this act or of
any other general, special or local law, all bonds issued by such
commission after this section shall become effective, shall be sold at
public sale, except that such commission may sell any of its bonds at
private sale if the state comptroller upon proper application shall give
his approval and consent in writing to such private sale and the terms
thereof. Notwithstanding the foregoing, however, such commission may not
sell any of its bonds to the state comptroller at private sale or
exchange any of its bonds for any of its bonds or notes held by the
state comptroller.
No proposition of expenditure of money for the acquisition of
any real property, or interest therein or the purchase of machinery or
equipment, or the work of construction of terminals, involving an
expenditure of one thousand dollars or upwards, shall be adopted without
the consent of three members of such commission. All construction work
and the purchase of machinery which would involve an expenditure of more
than one thousand dollars shall be upon contract, let after
advertisement and competitive bidding, and on plans and specifications
on file in the office of the commission.
No member of such commission shall be pecuniarily interested,
either directly or indirectly, in the doing or furnishing of any work or
material for the commission or any municipality, in carrying out such
plan of port development.
Any municipality within the district may set aside and devote
any property owned by such municipality and which is suitable for port
facilities, to the uses and control of the port commission, provided,
that the legislative body of such municipality shall, by a majority vote
of all its members and, where there is a board of estimate and
apportionment, by a vote also of a majority of all the members of such
board, give consent to such use and control and prescribe the terms and
conditions upon which the same shall be held.
The title to any real estate, or interest therein acquired for
port facilities and to any improvements which may be made thereon,
situate in any municipality which has paid for the same, shall remain in
such municipality; but such property shall be maintained and operated
subject to the rules and the control of the port commission, and shall
be used for port purposes.
The sum of five thousand dollars ($5,000), or so much thereof as
may be necessary, is hereby appropriated from any moneys in the state
treasury not otherwise appropriated, for paying the expenses in
connection with the appointment and functioning of the commission, as
provided in this act, until the moneys necessary for meeting the
expenses thereafter incurred by such commission, may be assessed, levied
and collected in the municipalities within the port district as
hereinbefore provided; and such sum, or so much thereof as may be
necessary, shall be paid by the state treasurer on the warrant of the
comptroller upon the order of the chairman of the port commission.