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which shall be a body corporate and have the powers, duties Powers. 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 Commisof five members, four of whom shall be residents of the city of appointAlbany, and one of whom shall be a resident of the city of ment. * 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 Iso made by a mayor, he shall return said nomination to the mayor making the same and such mayor upon receipt of such disapproved nomination, shall nominate another person in his 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 place and stead, the governor shall appoint as a member of such commission a resident of the city in which the person originally nominated resided at the time of such original appointment. The terms of office of the members of the commission shall be Terms. three years from the date of their appointment. A vacancy in Vacancies. the commission arising by reason of death, resignation, or otherwise, shall be filled in the same manner by appointment of the governor on nomination of a mayor for the balance of the unexpired term. The members of the commission shall, before oath of entering upon the duties of their office, take the constitutional office. oath of office and file the same in the office of the secretary of state. The commission shall organize by the selection from Organizaits members of a chairman, and the appointment of a secretary and treasurer. It shall adopt such rules as it may deem necessary Rules. 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 Quorum. 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. Any member of the commission may be removed by the governor Removal. for inefficiency, neglect of duty or misconduct in office, after a hearing upon charges and an opportunity to be heard in his own defense in person or by counsel upon not less than ten days' notice. Each of such commissioners shall receive from the dis- Salaries. trict an annual salary of five thousand dollars, payable in monthly installments, and in addition his actual and necessary disbursements incurred in the discharge of his duties.
3. The treasurer of such commission shall, before entering Treasurer. upon the discharge of his duties, execute and file in the office Bond. 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 Duties.
ment and operation of port facilities.
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.
§ 4. Such commission shall have power and authority over the to develop. Survey, development, control and operation of port facilities in 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 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 State* army engineer, the chief of engineers of the United States army and the secretary of commerce of the United States.
§ 5. 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) 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.
(6) Have power to lease, erect, construct, make, equip and maintain port facilities in the district, and for any such purpose to acquire real property, including easements therein, lands under water and riparian rights, by agreement or by condemnation.
(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) Execute contracts and issue and sell obligations of the port district within the provisions and limitations of this act.
(9) Fix rates, charges and wharfage for the use of all port facilities, and collect rates, charges and wharfage for such facilities owned by the district.
(10) Operate and maintain all port facilities owned by it, 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 Defini"terminal work" as used in this act, shall include, among other tions. things, wharves, docks, piers, terminals, railroad tracks terminals, cold storage and refrigerating plants, warehouses, elevators, 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 work of deepening parts of the Hudson river adjacent to the terminal, exclusive of the channel, within the port district.
§ 6. The commission may make, and cause to be served upon Orders for any municipal or other corporation, or individual, within the dis- ment trict, any reasonable order which it may determine to be necessary of port.
Proceedings to enforce obedience.
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 also, by rule, may prescribe a civil penalty of not more than fifty dollars for disobedience to an order or violation of a rule for any distinct act of such disobedience or violation, or, in the case of a continuing disobedience or violation, a penalty of not more than fifty dollars for each day that it continues. Any such penalty may be sued for and recovered by the commission in any court of competent jurisdiction, and the moneys recovered shall be used in carrying out the provisions of this act. Two or more such penalties incurred by the same corporation or person may be sued for in one action.
§ 7. The commission, and any member thereof when directed investiga- 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
Right of entry.
and examinations to accomplish any purpose authorized by this act, the district being liable for actual damage done.
§ 8. In the preparation of its comprehensive plan of port de- Existing velopment 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 Determiof such plan that the district shall construct any port facilities or construccontribute to the cost of such facilities to be constructed by any tion of 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 Determiand shall annex to and file with such specifications and estimates amount of a statement showing the proportion of benefit to each municipality cost to be in the district from such improvements, regard being had to the each muspecial benefit to the municipality in which any distinct part of nicipality. 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 Notice of thereof, shall be deemed final, the commission shall cause its de- apportion. termination as to such apportionment to be published in at least cost two daily newspapers in the district, twice in each week for two thereon. 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,