STATEMENT OF POLICY:
Accident investigation and analysis assists the Authority with the implementation of a proactive accident prevention and loss control program. This Policy details the necessary provisions for reporting and recording accidents. All employees of the Authority who witness or are involved in an occupational accident are required to report the accident as outlined in this Policy.
DESCRIPTION OF PROCEDURE:
1. ADMINISTRATION
  1. All employees of the Authority are covered by this procedure.
  2. This procedure will be implemented for all accidents, defined as follows:
  • Any accident which involves an employee of the Authority conducting business that causes injury or illness requiring first aid and/or medical treatment;
  • Any incident or "near miss" involving an employee which does not cause any injuries will be considered an accident if under a different set of circumstances (time, location, etc.) the same incident poses the threat of serious injury to employees (e.g., a scaffold system collapses during the lunch hour and no employees are injured due to their absence from the scaffold); and
  • Any vehicle accidents involving an employee of the Authority while conducting Authority business.
  1. For the purpose of this procedure, a major accident will be any accident involving a single employee hospitalization and/or fatality.
2. RESPONSIBILITIES
  1. Employees
  • Immediately report all accidents to their immediate supervisor or other responsible party as appropriate and assist in preparing the Accident Investigation Report.
  • Notify your immediate supervisor or other responsible party as appropriate if unsafe condition(s) exist.
  • Assist in implementing corrective action(s) to prevent future accidents.
  1. Supervisors/Responsible Parties
  • Immediately report all accidents to the Authority’s Chief Financial Officer.
  • Ensure that the examining medical facility is fully appraised of the site condition and/or hazard which caused the medical emergency (i.e., if appropriate, supply medical personnel with MSDS for chemical exposures).
  • Immediately investigate all accidents occurring directly under their control, and complete and sign an Accident Investigation Report for each accident and/or injured person. (A copy of the Accident Investigation Report follows this procedure).
  • Forward copies of all accident investigation reports and other accident related documentation to the Authority’s Chief Financial Officer.
  • Assist in selecting and implementing corrective action(s) to prevent future accidents.
  • Ensure injured employees receive proper written medical clearance prior to returning to work.
  1. Chief Financial Officer
  • Immediately report major accident status to the Authority's Legal Counsel.
  • Review and maintain records of all accident investigation reports received.
  • Prepare and submit required reports for outside agencies based on Accident Investigation Report with assistance from responsible supervisor and affected employee as needed.
  1. Authority Health and Safety Consultant
  • Provide training on accident investigation and analysis.
  • Develop corrective measures to prevent future accidents.
  • Periodically review all accident reports, to assist in safety program development and revision.
3. TRAINING
  1. All employees will be trained concerning accident reporting through the distribution and review of this Policy.
  2. All employees will be trained, as needed, regarding their responsibilities within this Policy.
  3. Supervisors will receive additional training as necessary concerning accident investigation methods.
  4. Training will be provided as needed to keep employees informed of changes in this Policy. 
4. RECORDKEEPING
  1. Reportable injuries will be recorded on the OSHA 200 Log.
  2. Accident investigation reports will be maintained by the Chief Financial Officer for annual review.
  3. Accident investigation reports will be maintained for five years after the year of occurrence.
  1. The Authority’s Chief Financial Officer shall be responsible for the proper maintenance of accounting records in regards to accounts receivable aging.  The Chief Financial Officer shall initiate early and consistent action on all overdue accounts noting the efforts made and the results achieved.

  2. Accounts overdue by thirty (30) days shall be routinely followed-up by accounting staff with efforts being communicated to the proper department head on an informational basis only.

  3. Accounts overdue by ninety (90) days shall be referred by accounting staff to the Chief Financial Officer.  The Chief Financial Officer shall determine the appropriate steps necessary to effect collection.  Steps may include involvement by the Executive Director and advice of Counsel.

  4. Accounts remaining outstanding after thirty (30) days from date of invoice shall accrue interest charges at the rate of one and one-half percent per month on the unpaid balance.  The Chief Financial Officer has the discretion to waive interest charges for due cause.

  5. Authority contracts (leases, handling agreements, etc.) shall contain language complying with New York State Debt Collection Legislation (Chapter 55 of the Laws of 1992).  Important provisions of this law address interest and late payment charges, referral of debt to the Tax Department, authority not to renew provisions, and returned check charges.

  6. The Authority’s Chief Financial Officer shall initially determine when an account may be considered uncollectible.  Upon such a determination, the Chief Financial Officer will consult with the Executive Director and obtain approval to classify an account as uncollectible.   Accounts considered uncollectible shall be written off upon such determination.  Collection efforts may continue after an account is considered uncollectible.

  7. Notification shall be provided to the full Board.

The OBPA is committed to complying with all applicable provisions of the Americans with Disabilities Act (ADA).  The OBPA’s policy is not to discriminate against any qualified employee or applicant with regard to any terms or conditions of employment because of such individual’s disability or perceived disability as long as the employee can perform the essential functions of the job with or without reasonable accommodations.  The OBPA will provide reasonable accommodations, as defined by the ADA, provided that such accommodation does not constitute an undue hardship on the OBPA.  Employees with a disability who believe they need a reasonable accommodation to perform the essential functions of their job should contact Human Resources.  Any questions regarding the OBPA ADA policy should be directed to the Human Resources.
Information of special interest to all employees is posted regularly on bulletin boards.  Employees may not post any information on these bulletin boards without the express authorization of their Human Resources.  All requests to place information on bulletin boards should be made directly to your Human Resources.

Human Resources maintains bulletin boards to provide Authority employees with information concerning State and Federal laws, as well as other information and notes regarding changes in policies.  All job openings will be posted on these boards.

The Ogdensburg Bridge and Port Authority Board of Directors annually shall designate those staff members authorized to sign checks for any amount up to and including $2,500.  Any amount over and above the amount of $2,500 requires two signatures, one of management and one of a Board Member.
 

Checks being presented to a Board Member for co-signature will be presented with all appropriate back-up for that expenditure.

Each year, the Authority is required to complete reporting to the Office of the New York State Comptroller.  As part of that process, it is required by the State that the Authority designate a Contracting Officer to represent the Ogdensburg Bridge and Port Authority.
 

The Executive Director shall be designated as the Authority’s Contracting Officer, and this designation should be renewed yearly at the Authority’s Annual Board Meeting.

The Accounting Department staff shall be responsible for reviewing any and all financial transactions.  The Accounting Department shall report in writing any financial inconsistencies to both the Executive Director and the Chairperson.
 

Credit Card and Charge Accounts shall only be used for the conduct of Authority Business.  The Accounting Department shall disallow any Credit Card/Charge Account expenditure which in its opinion is not for the conduct of Authority Business.
 

The Authority Board shall review all disallowed charges and make an independent determination as to the validity of each disallowed charge.

Only those designated Management Confidential shall possess a Credit Card.  All other charge accounts will be controlled by the Authority’s CFO.  The CFO shall not have a Credit Card or charge account.

Misuse of the Authority’s credit card is subject to disciplinary action by the Authority Board per the Authority’s Disciplinary Policy.

The Accounting Department staff shall be responsible for reviewing any and all financial transactions.  The Accounting Department shall report in writing any financial inconsistencies to both the Executive Director and the Chairperson.
 

Credit Card and Charge Accounts shall only be used for the conduct of Authority Business.  The Accounting Department shall disallow any Credit Card/Charge Account expenditure which in its opinion is not for the conduct of Authority Business.
 

The Authority Board shall review all disallowed charges and make an independent determination as to the validity of each disallowed charge.

Only those designated Management Confidential shall possess a Credit Card.  All other charge accounts will be controlled by the Authority’s CFO.  The CFO shall not have a Credit Card or charge account.

Misuse of the Authority’s credit card is subject to disciplinary action by the Authority Board per the Authority’s Disciplinary Policy.

OBPA Documents and General Files

The Ogdensburg Bridge and Port Authority is required by Federal and State law, local ordinances, and contractual agreements to maintain records and reports for future reference.

This procedure describes the types of reports and records which must be maintained and the party responsible for maintenance.

Policy: File Records:

All documents, records, and files associated with legal and contractual requirements must be:

-Maintained in the OBPA File Room or electronically on the shared drive.

  • Legible and identifiable to the product/service involved.
  • Readily retrievable, and
  • Protected from damage and loss.

In addition, all records and files are the property of the Ogdensburg Bridge and Port Authority.
 

Policy: Document Retention:

Any documents related to the Ogdensburg Bridge and Port Authority which are not specifically referred to are retained in accordance with the OBPA’s “Record Retention & Disposition Schedule M-1” as adopted by the Board on April 12, 2005.

TITLE 8 – PUBLIC AUTHORITIES LAW: OGDENSBURG BRIDGE AUTHORITY
 

Section 700.   Short title.
        701.   Definitions.
        702.   Ogdensburg bridge authority.
        703.   Powers of the authority.
        703-a. Financing ferries.
        703-b. Tolls, rules and regulations.
        704.   Consent of state.
        705.   Moneys of the authority.
        706.   Bonds of the authority.
        707.   Remedies of bondholders.
        708.   State and county of Saint Lawrence not liable on bonds.
        709.   Bonds  legal  investments for public officers and certain others.
        710.   Exemption from taxation.
        711.   Agreements of the state.
        712.   Rules and regulations relating to the bridge.
        713.   Acquisition and transfers of land.
        714.   Members  and  employees not to be interested in transactions.
        715.   Repayment of state appropriations.
        716.   Title not affected if in part unconstitutional.
        717.   Inconsistent provisions in other acts superseded.
 

S 700. Short title.  This title may be cited as the "Ogdensburg bridge authority act."
 

S 701. Definitions.  As used in this title, the following words and terms shall have the following meanings, unless some other meaning is plainly intended.

  1. The word "authority" shall mean the corporation created by section seven hundred two of this chapter.
  2. The word "board" shall mean the members of the authority.
  3. The word "bridge" shall include approaches and all construction necessary to give access to the bridge from connecting roads, toll houses, toll booths and such facilities as may be necessary to the collection of tolls, buildings and structures necessary for the housing of customs and immigration officials and such other buildings and appurtenances necessary to the operation of the bridge as an international toll bridge.
 

S 702. Ogdensburg bridge authority. A board to be known as "Ogdensburg bridge authority" is hereby created. Such board shall be a body corporate and politic constituting a public benefit corporation. It shall consist of seven members who shall be appointed by the governor. The terms of office of the members shall be five years except as hereinafter provided. Of the two members first appointed to fill a vacancy created by reason of the increase in the membership of the authority to seven in number one shall be appointed for an initial term of three years and one for an initial term of four years. Each of the above terms provided for shall commence on the first day of January in the year in which the vacancy occurs. Each member shall hold office until the appointment and qualification of his successor. An appointment to fill a vacancy shall be for the unexpired term. The board shall elect annually a chairman, a vice-chairman, a secretary and a treasurer of the board. The members of the board shall not be entitled to compensation for their services but shall be entitled to reimbursement for all expenses necessarily incurred in the performance of their duties. The powers of the authority shall be vested in and exercised by a majority of the members of the board then in office. The board may delegate to powers and duties as it may deem proper. When all its liabilities shall have been met and its bonds shall have been paid in full, all its rights and properties, so far as the same are located in the United States of America, including the right to charge tolls, shall be conveyed without cost or expense to the state of New York, and all its rights and properties so far as the same are located in the Dominion of Canada, including the right to charge tolls, shall be conveyed without cost or expense to the province of Ontario or otherwise disposed of in accordance with the laws of the Dominion of Canada. The authority and its corporate existence shall continue until all its liabilities shall have been met and its bonds paid in full and until all its rights and properties shall have been conveyed as herein above provided.
 

S 703. Powers of the authority. The authority shall have power:

  1. To sue and be sued;
  2. To have a seal and alter the same at pleasure;
  3. To acquire, hold and dispose of personal property for its corporate purposes;
  4. To acquire, by purchase or condemnation pursuant to the condemnation law, such real property or rights or easements therein, as may be necessary or proper for the construction or operation of the bridge, and to sell any such property not needed for its corporate purposes;
  5.   5. To make by-laws for the management and regulation of its affairs;
  6. To contract for professional services and to employ consulting engineers for the design of the bridge and supervision of its construction, and to employ legal consultants in both the United States and Canada; to appoint officers, agents and employees and engineers, and fix their compensation;
  7. To make contracts and to execute all instruments necessary or convenient;
  8. By contract or contracts or by its own employees to construct and to maintain and operate a bridge across the Saint Lawrence river at or near the city of Ogdensburg, in the county of Saint Lawrence, New York, and the approach roads which are necessary to connect the bridge with the state highway system in the state of New York at a point and in a manner approved by the state department of transportation and with the nearest highway in the province of Ontario and to acquire any property or rights of any person, firm or corporation deemed by the authority to be necessary or desirable in connection with the construction or operation of the bridge;
  9. To charge tolls for the use of the bridge at rates sufficient to provide for payment of all expenses of the authority, the conservation, maintenance and operation of the bridge, the payment of the interest on and the principal of all bonds issued by the authority under the provisions of this title, and reserves for such purposes, subject to and in accordance with such agreements with bondholders as may be made as hereinafter provided;
  10. To exercise in Canada all rights, powers and authority which shall be granted or permitted to the authority by the proper authorities of Canada or of the province of Ontario, including the entering upon lands and acquiring, condemning, occupying, possessing, and using such real estate and other property in Canada as may be needed by the authority in carrying out the powers herein granted;
  11. Prior to the opening of the bridge for automotive traffic, to purchase, maintain and operate all or any ferries across the Saint Lawrence river within five miles of the location which shall be selected for said bridge, subject to the conditions and limitations contained in this title, and subject to the approval of the proper authorities in the government of Canada, subject to the approval of the comptroller of the state of New York and subject to the approval of the form of contract by the attorney general of the state of New York.  Nothing contained in this title shall require the authority or its successors to maintain or operate any ferry or ferries purchased under the authority of this title and upon opening of the bridge for automotive traffic such automotive ferry or automotive ferry operations shall be terminated, but nothing in this article shall prohibit any party from operating a non-automotive ferry between Ogdensburg and Prescott. Upon the termination of such ferry or ferries operations any ferry or ferries so purchased, with the appurtenances and property thereto connected and belonging, shall be sold in such manner, at such time or times and for such amounts as shall be approved by the director of the budget of the state of New York. The authority and its successors may fix such rates and tolls for the use of such ferry or ferries as it may deem proper, subject to the same conditions provided by this title as to tolls for traffic over the bridge. All tolls collected for the use of the ferry or ferries and the proceeds from any sale or disposition of any ferry or ferries shall be used, as far as may be necessary, to pay the cost of maintaining, repairing and operating the same, and any residue thereof shall be paid to the state comptroller as agent of the authority and deposited by him to the credit of the Ogdensburg bridge fund;
  12. To construct and maintain over, under, along or across the bridge and approach roads telephone, telegraph or electric wires and cables, gas mains, water mains, and other mechanical equipment not inconsistent with the appropriate use of the bridge and approach roads, and to contract for such construction and to lease the right to construct or use the same on such terms and for such considerations as it shall determine; provided, however, that no such lease shall extend for a period of more than twenty years or beyond the final date of maturity of any bonds issued and outstanding under the authority of this title;
  13. To purchase, construct and maintain facilities for the public, consistent with the use of the bridge, to contract for such construction, and to lease the right to construct or use such facilities on such terms and for such considerations as it shall determine; provided, however, that no lease shall be made for a period of more than thirty years from the date when it is made;
  14. To issue its negotiable bonds and to provide for the rights of the holders thereof;
  15. To enter on any lands, waters and premises for the purpose of making surveys, soundings and examinations;
  16. To accept grants of money or real or personal property from the federal or state governments or agencies thereof, or from municipal corporations, or any other lawful source for its corporate purposes;
  17. To do all things necessary or convenient to carry out the powers expressly given in this title except that the construction of the bridge herein authorized shall not be begun or any property acquired until after the necessary consents and approvals of the federal government and of the government of Canada or any subdivision or agency thereof having jurisdiction shall have been obtained.
  18. 18To establish, maintain and operate, either by contract or contracts or by its own employees, a public bus transportation system, from an area in the vicinity of Sophia street in the city of Prescott, province of Ontario, Canada, over and across the Ogdensburg bridge to an area in the vicinity of Saint Lawrence avenue in the city of Ogdensburg, county of Saint Lawrence, state of New York, in a manner to be determined by the authority subject to the laws, rules and regulations pertaining to public bus transportation of the government of Canada, province of Ontario and the city of Prescott and subject to the laws, rules and regulations pertaining to public bus transportation of the government of the United States of America, state of New York, county of Saint Lawrence and the city of Ogdensburg.
  19. To rehabilitate and modernize the building known as "Garden Cottage" and utilize, operate and maintain such building as a port facilities building including therein suitable accommodations for the authority`s administration headquarters, a tourist information and service center and other office accommodations which may be leased or rented for public or private purposes.
  20. To assist and cooperate with the Ogdensburg port authority and other official agencies in promoting the development and use of the Ogdensburg bridge, harbor and port facilities and when requested by it to make available to the Ogdensburg port authority at a nominal rental suitable accommodations in the port facilities building for the administration headquarters of such port authority.
 

S 703-a. Financing ferries.

  1. In addition to other powers granted to the authority under the provisions of this title the authority shall have power to issue its negotiable notes in conformity with applicable provisions of the uniform commercial code in such amount as may be necessary to pay the cost of the ferries purchased by it under the provisions of this title, the costs of any improvements thereof and such expenses as may be deemed necessary or incident to such financing.
  2. The issuance of such notes, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties and obligations of the authority in respect of the same, shall be governed by the provisions of this title which relate to bonds in so far as the same may be applicable.
  3. Neither the authority nor the state of New York or any agency, department or instrumentality thereof shall proceed with the construction of any bridge across the Saint Lawrence river at or near the city of Ogdensburg, in the county of Saint Lawrence, New York, unless all such notes shall have theretofore been paid and cancelled either from the proceeds of bonds issued under the provisions of this title or from any other moneys which may be available for such purpose. In case the authority shall issue its bonds under the provisions of this title, the amount required for making such payment shall be deemed to constitute the purchase price of the ferries.
 

S 703-b. Tolls, rules and regulations.  The authority shall have power to make rules and regulations for the preservation and use of the bridge and for the payment and collection of tolls, fees, fares and special charges. Until such time as the state of New York is fully reimbursed by the authority for the total amount of money advanced by the state to the authority, no rule, regulation, schedule or rate of tolls, fees, fares, special charges or rentals shall become effective or controlling unless approved by the director of the budget of the state of New York.
 

S 704. Consent of state.

  1. The state of New York hereby authorizes the commissioner of general services to consent, in his discretion, to the use and occupation by the authority of any unappropriated lands of the state of New York including the land under the waters of the Saint Lawrence river, necessary for the construction and operation of the bridge and approach roads herein authorized upon such terms and conditions as such commissioner may deem appropriate.
  2. The state hereby further authorizes the commissioner of general services, with the consent of the commissioner of mental hygiene and approval of the director of the budget, to grant to the authority a portion of the lands of the Saint Lawrence state hospital located in the county of Saint Lawrence, upon such terms and conditions, including consideration, as such commissioner may determine. The portion of such lands of such hospital herein authorized to be granted shall be taken from the westerly end of the hospital property on the northerly side of Proctor avenue and to be bounded on the south by the northerly line of Proctor avenue, on the north and northwest by the high water line of the Saint Lawrence river, on the west by the westerly boundary line of said hospital property and on the east by a line running from the northerly line of Proctor avenue northerly to the high water line of the Saint Lawrence river so as to contain within said bounds approximately seventy-five acres of land together with a triangular parcel of land between Proctor avenue and the northerly line of arterial route thirty-seven, bounded on the west by a westerly boundary line of said hospital grounds, on the south and east by the northerly boundary of arterial route thirty-seven, and on the north by the south side of Proctor avenue, excepting therefrom any and all lands taken and devoted to highway purposes of the state of New York. The department of transportation shall make an accurate survey of the parcels so to be granted and the grants to the authority may describe the land according to such surveys. The commissioner of general services in determining the amount of the consideration for such grants shall take into account the obsolescence of the improvements on the land conveyed, the cost to the authority, as estimated by the commissioner of transportation, of demolition of such facilities as are considered obsolete, and providing such improvement to the Saint Lawrence state hospital property as the commissioner of mental hygiene with the approval of the director of the budget, deems necessary in consequence of the grants herein authorized and such grants shall contain appropriate conditions to ensure the providing of such improvements by the authority at its cost and expense. Actual payment of the consideration for the grants, as determined by the commissioner of general services, shall not be required as a condition precedent to the grants, but the amount thereof shall be certified by the commissioner to the state comptroller and shall be deemed an advance to the authority by the state to be repaid in the same manner as provided in section seven hundred fifteen of this article for repayment of appropriations made by the state to the authority.
 

S 705. Moneys of the authority.

  1. All moneys received by the authority from the bridge and all other moneys received from any other source whatsoever pertaining to the operations of the authority shall be a separate bank account or accounts to be known as the "Ogdensburg bridge fund. " The moneys in such fund shall be available subject to the approval of the director of the budget of the state of New York for payment of any and all costs and expenditures as may be necessary for the corporate purposes of the authority. The moneys of the Ogdensburg bridge fund when made available shall be paid from such fund on the audit and warrant of the comptroller on vouchers approved solely by the chairman of the authority or his properly designated officer.
  2. All moneys in such fund in excess of the sum of two hundred and fifty thousand dollars shall on the first day of each month be paid by the authority to the state comptroller provided, however, that effective June thirty, nineteen hundred seventy-eight, the director of the budget and the authority shall establish within the provisions of a written agreement between the authority and the director providing for the repayment to the state by the authority of state advances the maximum amount of moneys which the authority may retain in the Ogdensburg bridge fund. The comptroller is hereby authorized to receive from the authority such amounts as shall be paid to the comptroller pursuant to the provisions of this section and to credit all such amounts to the capital construction fund. Upon certification by the state comptroller that all moneys due the state have been paid in full, the remaining balance of such fund shall be available to such authority and may be used by such authority for any corporate purpose. The accounts of the authority shall be subject to examination by the state comptroller. The state comptroller is hereby authorized and empowered to examine the accounts and books of the authority at such periods of time as he may deem necessary, including its receipts, disbursements, contracts, leases and any other matters relating to its financial standing.
  3. Nothing in this section shall prevent the authority and the state from entering into an agreement for the establishment of a revolving fund to be used to pay part of or all of the authority`s operating expenses. This revolving fund shall be initially funded with moneys advanced from the Ogdensburg bridge fund and shall be replenished from time to time from such funds upon the audit and warrant of the comptroller.
 

S 706. Bonds of the authority.

  1. The authority shall have power and is hereby authorized from time to time to issue its negotiable bonds in conformity with applicable provisions of the uniform commercial code in such amount as may be necessary to pay the cost of the bridge and approach roads herein authorized and the cost of all land, property, rights, easements and franchises deemed necessary for the construction thereof, and to pay interest prior to and during construction and for one year after completion of construction, the purchase price of the ferry or ferries authorized to be acquired, the repayment of any advances or appropriations made by the state of New York to the authority and such other expenses as may be deemed necessary or incident to the financing and to the construction of the bridge and approach roads, and to placing the same in operation.
  2. The authority shall have power and is hereby authorized from time to time to issue its negotiable bonds in conformity with applicable bonds of the authority theretofore issued, but the aggregate principal amount of such refunding bonds shall not exceed the aggregate principal amount of the bonds to be refunded and the amount of the accrued interest and the premium required to be paid upon such bonds by reason of redemption before maturity.
  3. The bonds shall be authorized by resolution of the board.  The bonds shall be dated, shall bear interest at such rate or rates not exceeding six per centum per annum, shall mature at such time or times all as may be determined by the authority and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority prior to the issuance of the bonds. The authority shall determine the form and the manner of execution of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest, which may be at any bank or trust company within or without the state. In case any officer whose signature or a facsimile of whose signature shall appear on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery, and any bond may bear the facsimile signature of, or may be signed by, such person as at the actual time of the execution of such bond shall be duly authorized to sign such bond although at the date of such bond such person may not have been such officer. The bonds may be issued in coupon form or in registered form or both coupon form and registered form as the authority may determine, and provisions may be made by the authority for the registration of any coupon bond as to principal alone and also as to both principal and interest, for the reconversion into coupon bonds of any bonds registered as to both principal and interest, and for the exchange of either coupon bonds or registered bonds without coupons for an equal aggregate principal amount of other coupon bonds or registered bonds without coupons or both of any denomination or denominations.  Notwithstanding any other provisions of this title or any recitals in the bonds issued under the provisions of this title, all such bonds shall be deemed to be negotiable instruments under the laws of the state of New York. The authority may sell such bonds at public sale, to the bidders who shall offer the lowest interest cost to the authority, at such a price, not less than ninety-five per centum of their value, that the interest cost to maturity for the money received for any issue of such bonds shall not exceed six per centum per annum. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when such bonds shall have been executed and are available for delivery. The authority may also provide for the replacement of any bonds which shall become mutilated or shall be destroyed or lost. Bonds may be issued by the authority under the provisions of this title without any other proceedings or the happenings of any other conditions or things than those proceedings, conditions or things which are specifically required by this title.
  4. Any resolution or resolutions authorizing any bonds may contain provisions, which shall be a part of the contract with the holders of the bonds thereby authorized, as to
  1. pledging the tolls and revenues of the authority to secure the payment of the bonds;
  2. the rates of the tolls to be charged for use of the bridge, the amounts to be raised in each year by tolls, and the use and disposition of the tolls and other revenues;
  3. the setting aside of reserves or sinking funds, and the regulation and disposition thereof;
  4. limitations on the rights of the authority to restrict and regulate the use of the bridge;
  5. limitations on the purpose to which the proceeds of sale of any issue of bonds then or thereafter to be issued may be applied;
  6. limitations on the issuance of additional bonds;
  7. the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which such consent may be given; and
  8. any other matters, of like or different character, which in any way affect the security or protection of the bonds.
  1. In the discretion of the authority, the bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company in the state of New York. Such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the construction, maintenance, operation, repair and insurance of the bridge and the ferry or ferries, and the custody, safeguarding and application of all moneys, and may provide that the bridge and approach roads shall be constructed and paid for under the supervision and approval of consulting engineers. Notwithstanding any other provisions of this title, the authority may provide by such trust indenture for the payment of the proceeds of the bonds and the revenues of the bridge and the ferry or ferries to the trustee under such trust indenture or other depository, and for the method of disbursement thereof, with such safeguards and restrictions as it may determine. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the bridge. If the bonds shall be secured by a trust indenture, the bondholders shall have no authority to appoint a separate trustee to represent them, and the trustee under such trust indenture shall have and possess, in addition to other powers granted by such trust indenture, all of the powers which are conferred by section seven hundred seven of this title upon a trustee appointed by bondholders.
  2. It is the intention hereof that any pledge of revenues or other moneys made by the authority shall be valid and binding from the time when the pledge is made; that the tolls or other revenues or other moneys so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and that the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority, irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded.
  3. Neither the members of the authority nor any person executing any bonds shall be liable personally on the bonds or be subject to any personal liability or accountability by reason of the issuance thereof.
  4. The authority shall have power out of any funds available therefor to purchase any of the outstanding bonds at a cost not exceeding the redemption price of the bonds purchased as fixed by the resolution of the authority which authorized their issuance. All bonds so purchased shall be cancelled.
  5. No bonds shall be issued by the authority, except with the approval and consent of the comptroller of the state of New York, until and unless assurance, by appropriate legislation, agreements, or otherwise, shall have been obtained that Canada, the province of Ontario and the municipality or municipalities in which the Canadian terminal of the bridge is to be located will exempt the property and income of the authority from taxation so long as such bonds are outstanding.
 

S 707. Remedies of bondholders.

  1. In the event that the authority shall default in the payment of principal of or interest on any of the bonds after the same shall have become due, whether at maturity or upon call for redemption, and such default shall continue for a period of thirty days, or in the event that the authority shall fail or refuse to comply with the provisions of this title, or shall default in any agreement made with the holders of the bonds, the holders of twenty-five per centum in aggregate principal amount of the bonds then outstanding, by an instrument or instruments in writing filed in the office of the clerk of the county of Saint Lawrence and proved or acknowledged in the same manner as a deed to be recorded, may appoint a trustee to represent the holders of such bonds for the purposes herein provided.
  2. Such trustee may, and upon written request of the holders of twenty-five per centum in principal amount of the bonds then outstanding shall, in his or its own name
  1. by suit, action or special proceeding enforce all rights of the bondholders, including the right to require the authority to collect tolls and revenues adequate to carry out any agreement as to, or pledge of, such tolls and revenues, and to require the authority to carry out any other agreements with the bondholders and to perform its duties under this title;
  2. bring suit upon the bonds;
  3. by action or suit in equity, require the authority to account as if it were the trustee of an express trust for the bondholders;
  4. by action or suit in equity, enjoin any acts or things which may be unlawful or in violation of the rights of the bondholders;
  5. declare all of the outstanding bonds due and payable, and if all defaults shall be made good to annul such declaration and its consequences.
  1. The supreme court shall have jurisdiction of any suit, action or proceeding by the trustee on behalf of the bondholders. The venue of any such suit, action or proceeding shall be laid in the county of Saint Lawrence.
  2. Before declaring the principal of all bonds due and payable the trustee shall first give thirty days` notice in writing to the authority.
  3. Any such trustee, whether or not all bonds have been declared due and payable, shall be entitled as of right to the appointment of a receiver who may enter and take possession of the bridge and any approach roads and the ferry or ferries then under the jurisdiction of the authority or any part or parts thereof and operate and maintain the same and collect and receive all tolls and other revenues thereafter arising from the operation thereof in the same manner as the authority itself might do, and shall deposit all such moneys in a separate account and apply the same in such manner as the court shall direct. In any suit, action or proceeding by the trustee the fees, counsel fees and expenses of the trustee and of the receiver, if any, shall constitute taxable disbursements and all costs and disbursements allowed by the court shall be a first charge on any tolls and other revenues derived from the operation of the bridge and the ferry or ferries.
  4. Such trustee shall, in addition to the foregoing, have and possess all of the powers necessary or appropriate for the exercise of any functions specifically set forth herein or incident to the general representation of the bondholders in the enforcement and protection of their rights.
  

S 708. State and county of Saint Lawrence not liable on bonds.  The county of Saint Lawrence or of the state of New York, and neither such county nor the state shall be liable thereon, nor shall the bonds or other obligations of the authority be payable from any funds other than those of the authority.
 
S 709. Bonds legal investments for public officers and certain others. The bonds are hereby made securities in which all public officers and bodies of this state and all municipalities and municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest funds including capital in their control or belonging to them.
 

S 710. Exemption from taxation.

  1. It is hereby determined that the creation of the authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of the state of New York and it is a public purpose and the authority shall be regarded as performing a governmental function in the exercise of the powers conferred upon it by this title and shall be required to pay no taxes or assessments upon any of the properties acquired by it or under its jurisdiction or control or supervision or upon its activities or upon the income therefrom.
  2. Any bonds or notes issued pursuant to this title, together with the income therefrom, as well as the property of the authority, shall be free from taxation, except for transfer and estate taxes.
 

S 711. Agreements of the state.

  1. The state of New York does pledge to and agree with the holders of bonds issued pursuant to this title that the state will not limit or alter the rights hereby vested in the authority to construct, maintain, reconstruct and operate the bridge, to establish and collect charges and tolls and to fulfill the terms of any agreements made with the holders of the bonds, or in any way impair the rights and remedies of the bondholders, until the bonds, together with interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of the bondholders, are fully met and discharged.
  2. The state of New York does covenant and agree with the holders of bonds issued pursuant to this title that, except for structures constructed in connection with the development of the Saint Lawrence seaway or of hydro-electric power, no tunnel, bridge, parkway, causeway, road, highway or other connection for vehicular traffic except for ferry transportation which will be competitive with the bridge herein authorized will be constructed or maintained until the bonds, together with interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of the bondholders are fully met and discharged; provided that a tunnel, bridge, parkway, causeway, road, highway or other connection for vehicular traffic shall be considered as competitive only if it shall form a connection for vehicular traffic between the state of New York and the province of Ontario, Canada, across the Saint Lawrence river within a distance of twenty-five miles from the bridge herein authorized.
 

S 712. Rules and regulations relating to the bridge. The use of the bridge herein authorized shall be subject to the rules and regulations of the authority; provided, however, that the authority is not empowered to do anything which will impair the security of the bondholders or violate limitations contained in any agreement with bondholders.
 

S 713. Acquisition and transfers of land.

  1. Title to any lands, the proceeds of bonds issued pursuant to this title shall be vested in the authority.
  2. Notwithstanding the provisions of any other law, the board of supervisors of any county, the town board of any town, the trustees of any village, or the common council of any city, without any election or meeting of the taxpayers or voters or other authorization, is hereby authorized to convey to the authority any land, easement or interest in land, including a public highway, which the authority may deem necessary.
  3. The authority shall have the right to convey to any appropriate governmental body of the state of New York any approach road in the state of New York, and to any appropriate governmental body of Canada any approach road in the province of Ontario, whenever such appropriate governmental body shall undertake to maintain the same as a public highway.
 

S 714. Members and employees not to be interested in transactions.  It shall be a misdemeanor, punishable by fine or imprisonment, for any members of the board or any clerk, employee, architect, surveyor, engineer or superintendent appointed by the authority to be in any way or manner interested, directly or indirectly, in furnishing materials, supplies or labor for the erection of a project or in any contract which such authority is empowered by this chapter to make.
 

S 715. Repayment of state appropriations. All appropriations made heretofore or hereafter by the state to the authority shall be treated as advances by the state to the authority, and shall be repaid to it without interest out of the first proceeds of bonds issued by the authority for the construction of the bridge. The comptroller is hereby authorized to receive from the authority amounts advanced by the state to the authority and to deposit the same in the state treasury to the credit of the capital construction fund so that the state shall be reimbursed for the full amount of any and all such advances.
 

S 716. Title not affected if in part unconstitutional. If any section, clause or provision of this title shall be unconstitutional or ineffective in whole or in part, to the extent that it is not unconstitutional or ineffective it shall be valid and effective and no other section, clause or provision shall on account thereof be deemed invalid or ineffective.
 

S 717. Inconsistent provisions in other acts superseded. In so far as the provisions of this title are inconsistent with the provisions of any other act, general or special, the provisions of this title shall be controlling.

TITLE 9

RECONSTITUTION AND CONTINUATION OF OGDENSBURG BRIDGE AUTHORITY AS OGDENSBURG BRIDGE AND PORT AUTHORITY

Section 725. Ogdensburg  bridge authority reconstituted and continued as Ogdensburg bridge and port authority.
        726. Ogdensburg bridge and port authority.
        727. Ogdensburg port authority abolished; transfer of functions.
        728. Transfer of records and property.
        729. Continuity of authority; status of acts.
        730. Unfinished business; pending actions and proceedings.
        731. Terms occurring in law, or in contracts or documents.
        732. Existing rights and remedies.
        733. Funds of the authority.
        734. Application of consistent provisions.
        735. Actions against the authority.
 

S 725. Ogdensburg bridge authority reconstituted and continued as Ogdensburg bridge and port authority. The Ogdensburg bridge authority, created pursuant to the provisions of title eight of article three of this chapter, is hereby reconstituted the Ogdensburg bridge and port authority and, as thus reconstituted is hereby continued with all the jurisdiction, functions, powers and duties possessed, exercised or performed by it pursuant to such title, together with such additional jurisdiction, functions, powers and duties as may be conferred or imposed by this title.
 

S 726. Ogdensburg bridge and port authority. Notwithstanding any other provisions of this chapter, the members of the Ogdensburg bridge authority in office on the effective date of this title shall become and be the members of the board of and shall thereafter constitute, the Ogdensburg bridge and port authority, and shall hold office for the balance of the terms for which they were severally appointed.

All of the provisions of title eight of article three of this chapter, respecting the qualifications, appointment, terms, officers, number of members and removal of members of the Ogdensburg bridge authority, including the filling of vacancies occurring for any reason, shall hereafter be applicable to the members of the Ogdensburg bridge and port authority, except that all members shall hereafter be appointed by and with the advice and consent of the senate.
 

S 727. Ogdensburg port authority abolished; transfer of functions. Except as hereinafter provided, the Ogdensburg port authority, created pursuant to the provisions of title three of article six of this chapter, is hereby abolished, and all of the jurisdiction, functions, powers and duties possessed, exercised or performed by such authority, of whatsoever nature or kind, are hereby transferred and assigned to, and devolved upon, the Ogdensburg bridge and port authority.
 

S 728. Transfer of records and property. Except as hereinafter provided, all the contracts, books, maps, plans, papers, records, moneys and property, of whatsoever nature or kind, owned or possessed or under the jurisdiction or control of the Ogdensburg port authority, and all debts or obligations thereof, are hereby transferred and assigned to, and devolved upon, the Ogdensburg bridge and port authority, and the same or evidences thereof shall be delivered to the secretary of such authority who is hereby authorized to take possession thereof.
 

S 729. Continuity of authority; status of acts. For the purposes of succession, all of the functions, powers and duties of the Ogdensburg bridge authority, and of the Ogdensburg port authority, as prescribed and provided, respectively, by the provisions of title eight of article three, and title three of article six of this chapter, and hereby continued in, transferred and assigned to, and devolved upon, the Ogdensburg bridge and port authority, shall be deemed to constitute a continuation of the same, and all the acts, orders, rules, regulations and determinations of either the Ogdensburg bridge authority or the Ogdensburg port authority shall have, and continue with, the same force and effect as though done or made by the Ogdensburg bridge and port authority.
 

S 730. Unfinished business; pending actions and proceedings. Any business or matter heretofore undertaken or commenced by or before the Ogdensburg bridge authority or the Ogdensburg port authority, or any action or proceeding brought by or against either of such authorities pertaining to or connected with the jurisdiction, functions, powers and duties hereby continued in, transferred and assigned to, or devolved upon, the Ogdensburg bridge and port authority, may be conducted, completed, prosecuted and defended by and in the name of the Ogdensburg bridge and port authority. In all such actions and proceedings, the Ogdensburg bridge and port authority, upon application to the court, may be substituted as a party.
 

S 731. Terms occurring in law, or in contracts or documents.  Whenever the Ogdensburg bridge authority or the Ogdensburg port authority is referred to or designated in any law, or in any contract or document, such reference or designation shall be deemed to refer to and include the Ogdensburg bridge and port authority, to the extent that such law, contract or document pertains to matters which are within its jurisdiction by reason of the continuation, transfer, assignment and devolution of jurisdiction, functions, powers and duties made to it by this title.
 

S 732. Existing rights and remedies. No existing right or remedy of any character shall be lost, or otherwise affected by reason of the enactment of this title.
 

S 733. Funds of the authority.  Notwithstanding the reconstitution and continuation of the Ogdensburg bridge authority and the abolition of the Ogdensburg port authority, effectuated by this title, or any other provision of this chapter, moneys constituting the fund or funds of either the Ogdensburg bridge authority or the Ogdensburg port authority may be merged for the payment of debts and obligations, but separate accounting records shall be maintained.

Notwithstanding any other provision of law, and except as hereinafter provided in section thirteen hundred eighty-seven of this chapter, all moneys hereafter received by the Ogdensburg bridge and port authority pursuant to the provisions of title eight of article three of this chapter, and all moneys hereafter received pursuant to the provisions of title three of article six of this chapter, may be merged for the payment of debts and obligations, but separate accounting records shall be maintained.

Notwithstanding the provisions of this section, titles eight and nine of article three and title three of article six or any other provisions of this chapter, any moneys in either the "Ogdensburg bridge fund" or the "Ogdensburg port fund" not necessary or required for cash expenditures, as may be determined and certified from time to time by the state director of the budget, shall, in amounts also to be determined and certified by him, be available for and may be loaned to or from either of the funds above mentioned. Amounts so loaned between such funds shall be repaid without interest into the fund from which each such loan was made.
 

S 734. Application of consistent provisions. All of the provisions of title eight of article three and of title three of article six of this chapter, so far as the same are applicable and not inconsistent with this title, shall apply to the Ogdensburg bridge and port authority; provided, however, that the provisions of title eight of article three shall supersede the provisions of title three of article six, in the event that the same are inconsistent.
 

S 735. Actions against the authority.

  1. In every action against the authority for damages, for injuries to real or personal property, or for the destruction thereof, or for personal injuries, the complaint shall contain an allegation that at least thirty days have elapsed since the demand, claim or claims upon which such action is founded were presented to a member of the authority, or to its secretary, or to its chief executive officer and that the authority has neglected or refused to make an adjustment or payment thereof for thirty days after such presentment.
  2. An action against the authority for damages for injuries to real or personal property, or for the destruction thereof, or for personal injuries, alleged to have been sustained shall not be commenced more than one year and ninety days after the cause of action therefor shall have accrued, nor unless a notice of intention to commence such action and of the time when and place where the damages were incurred or sustained, together with a verified statement showing in detail the property alleged to have been damaged or destroyed and the value thereof, or the personal injuries alleged to have been sustained and by whom, shall have been filed in the principal office of the authority within ninety days after such cause of action shall have accrued.
  3. An action against the authority for wrongful death shall be commenced in accordance with the notice of claim and time limitation provisions of title eleven of article nine of this chapter.
 
 TITLE 3 – PUBLIC AUTHORITIES LAW: OGDENSBURG PORT AUTHORITY
 

Section 1375.   Short title.
        1376.   Definitions.
        1377.   Ogdensburg and Waddington port districts.
        1378.   Ogdensburg port authority.
        1379.   Purposes and powers of the authority.
        1380.   Orders, service thereof, and penalties.
        1381.   Investigations.
        1382.   Real estate and title thereto.
        1383.   Grants from commissioner of general services.
        1383-a. Sale or lease of industrial projects.
        1384.   Right of entry upon streets.
        1385.   Contracts; manner of letting.
        1386.   Fiscal year.
        1387.   Special port development and improvement powers.
        1388.   Bonds of the authority.
        1389.   Notes of the authority.
        1390.   Remedies of bondholders.
        1391.   Exemption from taxation.
        1392.   Agreement of state on authority rights.
        1393.   State and city not liable on bonds.
        1394.   Bonds legal investments.
        1395.   No control by other boards or commissions.
        1396.   Punishment for irregular demeanor of members or employees of authority.
        1397.   Actions against authority.
        1398.   Separability.
        1399.   Effect of inconsistent provisions.
 

S 1375. Short title. This title may be cited as the "Ogdensburg port authority act."
 

S 1376. Definitions. As used in this title, unless a different meaning clearly appears from the context:

  1. The term "district" shall mean the Ogdensburg port authority district created by section thirteen hundred seventy seven of this title.
  2. The term "authority" shall mean the corporation created by section thirteen hundred seventy-eight of this title.
  3. The term "board" shall mean the members of the authority.
  4. The term "bonds" shall mean bonds issued by the authority pursuant to this title.
  5.  The term "city" shall mean the city of Ogdensburg.
  6. The term "port facilities" shall mean, among other things, wharfs, docks, refrigerating plants, warehouses, elevators, freight-handling piers, terminals, railroad tracks or terminals, cold storage and 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 St. Lawrence river within the port district, and any other works, properties, buildings, structures or other facilities necessary or desirable in connection with the development and operation of port facilities in the district.
  7. The term "common council" shall mean the common council of the city.
  8. The term "mayor" shall mean the mayor of the city.
  9. The term "Industrial Project" shall mean a project designed and intended for the purpose of providing facilities for manufacturing, warehousing, research, business or other industrial or commercial purposes, including but not limited to machinery and equipment deemed necessary for the operation thereof (excluding raw materials, work in process or stock in trade), on land acquired or to be acquired by the authority for the establishment of an industrial park.
 

S 1377. Ogdensburg and Waddington port districts. There are hereby created and established two districts: the Ogdensburg port district and the Waddington port district. The Ogdensburg port district shall embrace the city of Ogdensburg and the town of Lisbon and the town of Oswegatchie; a strip of land five hundred feet in width in the towns of Madrid and Potsdam, in the county of St. Lawrence, being two hundred fifty feet on each side of the center line of that portion of the Rutland railway corporation right-of-way line extending from the city of Ogdensburg to the village of Norwood, town of Potsdam, which portion commences at the bounds of the said two-mile area and terminates at Rutland railway corporation chaining station 1325+48 and a further strip of land five hundred feet in width in the towns of Canton and DeKalb in the county of St. Lawrence, being two hundred fifty feet on each side of the center line of that portion of the Penn Central transportation company right-of-way extending from the city of Ogdensburg to the town of DeKalb which portion commences at the bounds of the said two mile area and terminates at Penn Central transportation company chaining station 0+0 (mile post 0.0) and all lands and water under and in the St. Lawrence river lying or situated within the boundaries of the city of Ogdensburg subject to the right, title, interest and control of the state under the constitution or any law of the state of New York and subject to the right, title, interest and control of the United States under any law of the United States of America. The Waddington port district should embrace the village of Waddington, and all lands and water under and in the St. Lawrence river and Little river bounded on the east by the northerly extension of the village of Waddington easterly bounds, on the west by the northerly extension of the village of Waddington westerly bounds and on the north by the international boundary line between Canada and the United States excluding therefrom Ogden island and all lands and water under and in the St. Lawrence river lying to the north of Ogden island; and a strip of land five hundred feet in width in the towns of Waddington, Madrid, Louisville and Norfolk being two hundred and fifty feet on each side of the center line of the Norwood and St. Lawrence railroad company extending from the village of Waddington, to and including the village of Norwood and an industrial site of approximately 40 acres adjacent to Norwood and St. Lawrence railroad company mile post number two, subject to the right, title, interest and control of the state under the constitution or any law of the state of New York and subject to the right, title, interest and control of the United States under any law of the United States of America.
 

S 1378. Ogdensburg port authority. A board to be known as the Ogdensburg port authority is hereby created. Such board shall be a body corporate and politic, constituting a public benefit corporation. The board shall consist of five members all of whom shall be residents of the city of Ogdensburg. The members of said authority shall be appointed by the mayor. One member shall be designated by the mayor to serve until December thirty-first, nineteen hundred fifty-eight; one to serve until December thirty-first, nineteen hundred fifty-nine; one to serve until December thirty-first, nineteen hundred sixty; one to serve until December thirty-first, nineteen hundred sixty-one; and one to serve until December thirty-first, nineteen hundred sixty-two. Upon the expiration of the term of a member, a successor shall be appointed by the mayor for a term expiring five years after the expiration of the term of his predecessor. If a vacancy shall occur by reason of a death, disqualification, resignation or removal of a member, the successor shall be appointed by the mayor for the unexpired term. The members of the authority shall, before entering upon the duties of their office, take the constitutional oath of office and file the same in the office of the clerk of the county of St. Lawrence. The authority shall organize by the selection from its members of a chairman, vice chairman, and a secretary. 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. Rules pertaining to the regulation and use of port facilities shall be fair, reasonable and impartial and shall be subject to any law, rule or regulation administered by the interstate commerce commission or the public service commission or the water power and control commission, or any other department or commission of the United States of America or of the state of New York, which has the jurisdiction in such matters and shall not operate to deprive any person or corporation, private or public, of any property without due process of law. A majority of the members of the authority shall constitute a quorum for the transaction of business and the concurrence of a majority of all members shall be necessary to the validity of any order of the authority. A member may be removed by the appointing power for cause after giving such member a copy of the charges and an opportunity to be heard in his own defense in person or by counsel upon not less than ten days` notice. The decision of the appointing power shall be subject to review pursuant to article seventy-eight of the civil practice act. The members of the authority shall serve without compensation but shall be entitled to reimbursement of their actual and necessary expenses incurred in the performance of their official duties.
 

S 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.
  1. 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.
  2. Make contracts and leases and to execute all instruments necessary or convenient.
  3. Issue negotiable bonds within the provisions and limitations of this title and to provide for the rights of the holders thereof.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. Have power to grant and maintain a traffic bureau in connection with the operation of port facilities.
  10. 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.
  11. 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.
  12. Designate the depositories of its moneys.
  13. 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.
  14. Negotiate with the officials of the city of Ogdensburg for the acquisition of the Ogdensburg municipal 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 municipal 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.
  15. Proceed with the development of the port district and to improve, construct and develop 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.
  16. 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 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.
  17. 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.
  18. 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.
  19. 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.
  20.  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.
  21. 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.
  22. 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.
  23. 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.
  24. 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.
  25. 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.
  26. 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.
  27. 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.
 

S 1380. Orders, service thereof, and penalties. The authority may make, and cause to be served upon any corporation or individual, within the port district, excepting the city, 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 any such corporation or individual within the district. There shall be served with a copy of the order a notice specifying a day, not less than ten days after such service, when such corporation or individual may appear before the authority, present written objections to the making of the order and be heard on such objections. If no such objections are filed within the time stated, or if the order be sustained as the result of such hearing, either on its original or modified form, such order shall be final, subject only to review by a court of competent jurisdiction. When an order of the authority shall become final, including 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 corporation or individual shall violate a lawful rule of the authority, the authority may commence and maintain an action or proceeding 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.
 

S 1381. Investigations. The authority, and any member thereof, when directed by the authority, may make any investigation which the authority may deem necessary to enable it effectually to carry out the provisions of this act, and for that purpose the authority, 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 authority, 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 authority being liable for actual damage done.
 

S 1382. Real estate and title thereto.

  1. The authority may lease or acquire title to real and personal property including water front property, ferries, bridges, wharf property, land under water, public landings, wharves and docks in the name of "Ogdensburg port authority" by purchase, grant or gift from the city of Ogdensburg, state of New York, United States of America, or from any corporation or individual for the development of port facilities in the district, and shall have the power to sell, subject to approval by order of the supreme court, lease or otherwise dispose of said real property and shall retain and have the power to use the proceeds of sale, rentals or other moneys derived from the disposition thereof for its purposes. Any instrument affecting real property shall be signed by the chairman of the authority, attested by its secretary and have the seal of the authority affixed thereto.
  2. Authority is hereby conferred upon the city to give, lease, sell, grant and convey real and personal property including water front property, ferries, bridges, wharf property, land under water, public landings, wharves and docks to the authority, with or without consideration as such city shall determine.
  3. The authority shall have power to condemn real property located within its territorial limits and owned by any person or corporation, excepting a person or corporation subject to the jurisdiction, supervision and regulation of the public service commission, which the authority deems necessary for the development of port facilities in the district. The authority shall exercise the power of condemnation hereby granted in the manner provided in the condemnation law.
  4. The authority and the city may enter into contracts for the acquisition by the city or the authority of real property for the benefit of and in the name of the city for the purpose of widening existing streets, avenues, parkways, roads or highways or for new streets, avenues, parkways, roads or highways to port facilities within the port district, or partly for such purpose and partly for other city purposes. Such contracts may provide for the work of improvement by the city. The city may close such streets, avenues, parkways, roads or highways as may be necessary or convenient.
 

S 1383. Grants from commissioner of general services.

  1. The commissioner of general services shall have power, in his discretion, from time to time to transfer and convey to the authority for such consideration as may be determined by him to be paid to the state of New York unappropriated state lands and lands under water which the authority shall certify to be necessary or desirable for the corporate purposes of the authority. The state hereby further authorizes the commissioner of general services, with the consent of the commissioner of mental hygiene and approval of the director of the budget, to grant to the authority a portion of the lands of the Saint Lawrence state hospital located in the county of Saint Lawrence, upon such terms and conditions, including consideration, as such commissioner may determine. The portion of such lands of such hospital herein authorized to be granted shall be taken from the southerly end of the hospital property adjacent to state highway route number thirty-seven, together with two parcels of land acquired by two deeds, one from Orville Cruikshank and Cora Cruikshank McEwen, dated October 11, 1945, and recorded in Saint Lawrence county clerk`s office on November 8, 1945, in Liber 365 of deeds at page 47, containing 96.42 acres, more or less, and the other from Hubert Webb and Irene Webb, dated October 13, 1945, and recorded in the Saint Lawrence county clerk`s office on November 8, 1945, in Liber 365 of deeds at page 45, containing 34 acres, more or less, such lands being former farm lands of such hospital. The department of transportation shall make an accurate survey of the parcels of such farm land to be granted and the grant to the authority may describe the land according to such survey. The land so conveyed by the state to the authority shall be utilized and developed by the authority for the establishment of an industrial park.
  2. Actual payment of the consideration for the grant as determined by the commissioner of general services shall not be required as a condition precedent to the issuance of such grant, but the amount thereof shall be certified by the commissioner to the state comptroller and shall be deemed an advance to the authority by the state, to be repaid out of the port facilities development fund herein provided for unless the authority shall issue bonds for the development of such facilities, in which event the advance to the authority by the state shall be repaid to the state out of the first proceeds of such issue of bonds.
  3. The authority shall establish and maintain a port facilities development fund and shall cause all moneys received by it from the operation of such port facilities to be deposited in such fund for the payment of all costs of operation, maintenance and repair of the port facilities and the repayment to the people of the state of New York of any advance made by the state to the authority, which repayment to the people of the state of New York shall not exceed in any one year fifty per centum of the moneys received by the authority in excess of the costs of operation, maintenance and repair of said port facilities.
  4. Upon the issuance of said lease or grant by the commissioner of general services pursuant to this act the authority shall assume all expense of or incidental to the operation, maintenance, repair and administration of said port facilities.
  5. Except as to moneys and rates accrued thereunder at the time of vesting in the authority all the right, title and interest of the state in and to said port facilities as herein provided, and as incident thereto, there shall also vest in the authority all the right, title and interest of the state in and to and in connection with the following contracts, agreements and permits with third persons: (a) any and all executory contracts, agreements and permits for the use of said port facilities by third persons as tenants, licensees, or otherwise, or for the docking, mooring or anchorage thereat of vessels owned by third persons, or for the loading, unloading, handling, storage, processing or manipulation of grain, freight, or other property of third persons, or for the rendering of any other services to third persons at said pier properties as wharfinger or warehouseman or otherwise; (b) any and all executory contracts and agreements for the furnishing by third persons of electricity, gas, steam, water or telephone service at said port facilities.
  6.  The authority shall not grant or convey title to said port facilities to any person or legal entity other than the people of the state of New York.
  7. If the authority shall violate any of the conditions herein set forth or such other conditions as the board of commissioners of the land office heretofore included in any lease or grant of said port facilities or any other conditions as the office of general services may include in any lease or grant of said port facilities and such violation of any of said conditions shall not have been remedied by the authority within ninety days after the giving of notice of the existence of such violation by the commissioner of transportation of the state of New York, then at the option of the state such port facilities shall revert to the people of the state of New York.
  8. If the port facilities revert to the people of the state of New York they shall be and shall be deemed to be unappropriated state lands.
 

S 1383-a. Sale or lease of industrial projects. Notwithstanding the provisions of any general, special or local law, subject to any agreement with noteholders or bondholders, the authority may sell or lease any industrial project, without public bidding or public sale, for such price or rental and upon such terms as may be agreed upon between the authority and such purchaser or lessee, either prior to, at the date of, or subsequent to the completion of the industrial project by the authority, provided, however, that in the case of a lease, the term thereof shall not exceed thirty years. Where such contract for sale or lease is entered into after the commencement of construction and prior to the physical completion of the improvement to be conveyed or leased, the authority may complete the construction and development of such improvement prior to the actual conveyance or lease.
 

S 1384. Right of entry upon streets. The authority, with the consent of the city, or of the state department of transportation, if required, may enter upon streets, avenues, parkways, roads, highways, bridges or other public places for the construction of a project or part thereof or of an addition, betterment or extension to the port facilities. Whenever the authority has entered upon and damaged a street, avenue, parkway, road, highway, bridge, or other public place, the authority shall restore the same to its former condition.
 

S 1385. Contracts; manner of letting. Where the expense of the construction of a project, of a part thereof, or an addition, betterment or extension to the port facilities, or the purchase of materials, supplies and equipment involves an expense exceeding two thousand dollars, the authority shall advertise for bids and shall award the contract to the lowest responsible bidder fully complying with the plans and specifications. Such advertisement shall be published once, not less than one week prior to the date fixed for the opening of bids, in one newspaper having a general circulation in the city of Ogdensburg. The authority may make rules and regulations for the submission of bids and award of contract thereon and may provide in such rules and regulations that no performance, bond or undertaking need be furnished by the contractor for the purchase of materials, supplies and equipment in an amount not exceeding two thousand dollars.  No contract shall be entered into for the construction of a project, or part thereof, or for an addition, betterment or extension to the facilities or for the purchase of materials, supplies and equipment in an amount exceeding two thousand dollars unless the contractor shall give an undertaking with a sufficient surety or sureties approved by the authority and in the amount fixed by the authority for the faithful performance of the contract. As to a contract entered into for the construction, the undertaking shall provide, among other things, that the person or corporation entering into such a contract will pay for all materials furnished and services rendered in the performance of the contract and that a person or corporation furnishing such materials or rendering such services may maintain an action to recover for the same against the obligor in the undertaking as though such person or corporation were named therein, provided the action is brought within one year after the time the cause of action accrued. In case of public emergency involving accident or other damage by which the port facilities, or any part thereof, shall become disabled, the authority may cause all necessary repairs thereto to be made without advertisement, bidding and the letting of a formal contract therefor.
 

S 1386. Fiscal year. The fiscal year of the authority shall be determined by resolution of the authority.
 

S 1387. Special port development and improvement powers.

  1. The authority shall have power to make rules and regulations: (a) for the development, improvement, promotion, preservation and utilization of the port district and projects, including the Ogdensburg municipal airport and the industrial park development on lands wholly or in part acquired pursuant to the provisions of subdivision one of section thirteen hundred eighty-three of this chapter; and (b) for the payment and collection of fees, charges, rentals and other receipts from its properties and facilities within the port district, including the Ogdensburg municipal airport and the industrial park development, which fees, charges, rentals and other receipts are hereinafter referred to as "port revenue. " Until such time as the state of New York is fully reimbursed by the authority for the total amount of money advanced by the state to the authority no rule, regulation, schedule or rate in relation to or governing port revenue shall become effective or controlling unless approved by the director of the budget of the state of New York.
  2. Until such time as the state of New York is fully reimbursed for the total amount of money advanced by the state to the authority all port revenue received by the authority shall be paid to the state comptroller as agent of the authority and deposited in a separate bank account or accounts to be known as the "Ogdensburg port fund."  The moneys in such fund shall be available subject to the approval of the director of the budget of the state of New York for the payment of any and all costs and expenditures incurred in relation to the acquisition of property, construction, equipment, maintenance, repair, operation and improvement of the industrial park development, port and airport. The moneys of the Ogdensburg port fund when made available shall be paid from such fund on the audit and warrant of the state comptroller on vouchers approved solely by the chairman of the authority or his duly designated officer.
  3. All moneys in the Ogdensburg port fund in excess of the sum of two hundred thousand dollars shall on the first day of each month be paid by the authority to the state comptroller provided, however, that effective June thirty, nineteen hundred seventy-eight, the director of the budget and the authority shall establish within the provisions of a written agreement between the authority and the director providing for the repayment to the state by the authority of state advances, the maximum amount of moneys which the authority may retain in the Ogdensburg port fund. The comptroller is hereby authorized to receive from the authority such amounts as shall be paid to the comptroller pursuant to the provisions of this section and to credit all such amounts to the capital construction fund. Upon certification by the state comptroller that all moneys due the state have been paid in full, the remaining balance of such fund shall be available to such authority and may be used by such authority for any corporate purpose. The accounts of the authority shall be subject to examination by the state comptroller. The state comptroller is hereby authorized and empowered to examine the accounts and books of the authority at such periods of time he may deem necessary, including its receipts, disbursements, contracts, leases and any other matters relating to its financial standing and fiscal affairs.
  4. The provisions of this section and section thirteen hundred eighty-three shall not apply to the Waddington port district nor shall it apply to the acquisition, operation, utilization, management, promotion and improvement at Ogdensburg of the Rutland Railway Corporation dock terminal, facilities, appurtenances and the Rutland Railway Corporation right-of-way, facilities and appurtenances within the port district, in the event the authority obtains a federal loan or grant or a combination of both to finance the acquisition and development of such Rutland Railway Corporation property within the port district, provided, however, that the state of New York be fully reimbursed for any advances made for these specific purposes as defined in this subdivision, except that such right of reimbursement shall be subordinate to the rights of holders of any obligations issued by the authority pursuant to the terms and conditions applicable to any such federal loan or grant or combination of both.
  5. Nothing in this section shall prevent the authority and the state from entering into an agreement for the establishment of a revolving fund to be used to pay part of or all of the authority`s operating expenses. This revolving fund shall be initially funded with moneys advanced from the Ogdensburg port fund and shall be replenished from time to time from such funds upon the audit and warrant of the comptroller.
 

S 1388. Bonds of the authority.

  1. The authority shall have power and is hereby authorized from time to time to issue negotiable bonds in conformity with applicable provisions of the uniform commercial code for any corporate purpose of the authority, including the paying, funding or refunding of any notes theretofore issued by the authority under the provisions of section thirteen hundred eighty-nine of this act. The authority shall have power from time to time to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and may issue bonds partly to refund bonds then outstanding and partly for any other corporate purpose. Except as may be otherwise expressly provided by contract between the authority and the holders of its bonds, all bonds of the authority shall be general obligations payable out of any moneys or revenues of the authority, subject only to any agreements with the holders of particular bonds the payment of which is secured by a pledge of particular moneys or revenues.
  2. Such bonds shall be authorized by resolution of the board and shall bear such date or dates, mature at such time or times, not exceeding forty years from their respective dates, bear interest at such rate or rates, not exceeding five per centum per annum payable annually or semi-annually, be in such denominations, be in such form, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in lawful money of the United States of America at such place or places, and be subject to such terms of redemption prior to maturity, at par or a price not exceeding one hundred five per centum of the face value, as such resolution or resolutions may provide. Such bonds may be sold, with or without advertisement, in such manner as the authority shall determine by resolution. If advertisement is made, a notice of sale shall be published at least once, not less than ten nor more than forty days before the date of sale, in a newspaper published and circulated in the city of Ogdensburg and in a financial newspaper published and circulated in the city of New York and designated by the board. The notice shall call for the receipt of sealed bids and shall fix the date, time and place of sale. Bonds shall be sold at such price or prices as will yield to the purchasers income at a rate not exceeding five per centum per annum to the maturity dates of said bonds, computed in accordance with standard tables of bond values.
  3. Any resolutions authorizing the issuance of any bonds may contain provisions, which shall be a part of the contract with the holders of the bonds thereby authorized, as to:
  1. Pledging all or any part of the gross or net revenues of the authority to secure the payment of the bonds, subject to such agreements with bondholders as may then exist;
  2. The rentals, fees and other charges to be charged for the use of projects of the authority, and the amounts to be raised in each year thereby, and the use and disposition of revenues of the authority;
  3. The setting aside of reserves or sinking funds and the regulation and disposition thereof;
  4. The appointment of a bank or banks or trust company or trust companies as trustee or trustees for the custody and disposition of any moneys of the authority, including the proceeds of any bonds or other obligations and any revenues or income of the authority, and the execution of any trust agreements or indentures with such trustee or trustees with such provisions as may be deemed necessary or desirable in connection with the custody and disposition of such moneys of the authority and the rights and remedies of the holders of such bonds;
  5. Limitations on the right of the authority to restrict and regulate the use of projects of the authority;
  6. Limitations of the purpose to which the proceeds of the sale of any issue of bonds then or thereafter to be issued may be applied;
  7. Limitations on the issuance of additional bonds, including the terms upon which additional bonds may be issued and secured;
  8. The procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must give consent thereto, and the manner in which such consent may be given; and
  9. Any other matters, of like or different character, which in any way affect the security or protection of the bonds.
  1. Any pledge of revenues or other moneys made by the authority shall be valid and binding from the time when the pledge is made. The revenues or other moneys so pledged and thereafter received by the authority shall be immediately subject to the lien of such pledge without any physical delivery thereof or further act. The lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority irrespective of whether such parties have notice thereof.  Neither the resolution nor any other instrument by which a pledge is created need be recorded.
  2. Neither the members of the authority nor any person executing the bonds shall be liable personally on the bonds or be subject to any personal liability by reason of the issuance thereof, excepting solely for things willfully done or willfully omitted to be done with an intent to defraud.
  3. The authority shall have power out of any funds available therefor to purchase any of its outstanding bonds at a price not more than the then redemption price of such bonds. All bonds so purchased shall be cancelled.
  4. Issuance by the authority of one or more series of bonds for one or more purposes in connection with any industrial project shall not preclude it from issuing other bonds in connection with the same industrial project or any other industrial project, but the proceedings whereunder any subsequent bonds may be issued shall recognize and protect any prior pledge or mortgage made for any prior issue of bonds unless in the proceedings authorizing such prior issue the right is reserved to issue subsequent bonds on a parity with such prior issue.
 

S 1389. Notes of the authority. The authority shall have power from time to time to issue its negotiable notes in conformity with applicable provisions of the uniform commercial code whenever the board shall determine that payment thereof can be made in full from any moneys or revenues which the authority expects to receive from any source. Such notes may, among other things, be issued to provide moneys to pay preliminary costs of surveys, plans or other matters relating to any proposed project. The authority may pledge such moneys or revenues (subject to any other pledge thereof) for the payment of the notes and may in addition secure the notes in the same manner and with the same effect as herein provided for bonds. Such notes may be renewed from time to time but such notes, including the renewals thereof, shall mature not later than five years from the date upon which such notes are issued. Such notes shall be issued in the same manner and subject to the same restrictions as to price and interest rate as bonds, except that the board may determine the manner in which such notes shall be sold. In case of default on its notes, or violation of any of the obligations of the authority to the noteholders, the noteholders shall have all the remedies provided herein for bondholders.  Issuance by the authority of one or more series of notes for one or more purposes in connection with any industrial project shall not preclude it from issuing other notes in connection with the same industrial project or any other industrial project, but the proceedings whereunder any subsequent notes may be issued shall recognize and protect any prior pledge or mortgage made for any prior issue of notes unless in the proceedings authorizing such prior issue the right is reserved to issue subsequent notes on a parity with such prior issue.
 

S 1390. Remedies of bondholders.

  1. In the event that the authority shall default in the payment of principal of or interest on any issue of the bonds after the same shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of thirty days, or in the event that the authority shall fail or refuse to comply with the provisions of this title, or shall default in any agreement made with the holders of any issue of the bonds, the holders of twenty-five per centum in aggregate principal amount of the bonds of such issue then outstanding, by instrument or instruments filed in the office of the clerk of the county of St. Lawrence and proved or acknowledged in the same manner as a deed to be recorded, may appoint a trustee to represent the holders of such bonds for the purposes herein provided.
  2. Such trustee may, and upon written request of the holders of twenty-five per centum in principal amount of such bonds then outstanding shall, in his or its own name,
  1.  by mandamus or other suit, action or proceeding at law or in equity enforce all rights of the bondholders, including the right to require the authority to collect revenues adequate to carry out by any agreement as to, or pledge of, such revenues, and to require the authority to carry out any other agreements with the holders of such bonds and to perform its duties under this title;
  2. bring suit upon such bonds;
  3. by action or suit in equity, require the authority to account as if it were the trustee of an express trust for the holders of such bonds;
  4. by action or suit in equity, enjoin any acts or things which may be unlawful or in violation of the rights of the holders of such bonds;
  5. declare all such bonds due and payable, and if all defaults shall be made good then with the consent of the holders of twenty-five per centum of the principal amount of such bonds then outstanding, to annul such declaration and its consequences.
  1. The supreme court shall have jurisdiction of any suit, action or proceeding by the trustee on behalf of bondholders. The venue of any such suit, action or proceeding shall be laid in the county of St. Lawrence.
  2. Before declaring the principal of all such bonds due and payable, the trustee shall first give thirty days` notice in writing to the authority.
  3. Any such trustee, whether or not the issue of bonds represented by such trustee has been declared due and payable, shall be entitled as of right to the appointment of a receiver of any part or parts of the project the revenues of which are pledged for the security of the bonds of such issue, and such receiver may enter and take possession of such part or parts of the project and, subject to any pledge or agreement with bondholders, shall take possession of all moneys and other property derived from or applicable to the acquisition, construction, operation, maintenance and reconstruction of such part or parts of the project and proceed with the acquisition of any necessary real property in connection with the project that the authority has covenanted to construct, and with any construction which the authority is under obligation to do and to operate, maintain and reconstruct such part or parts of the project and collect and receive all revenues thereafter arising therefrom subject to any pledge thereof or agreement with bondholders relating thereto and perform the public duties and carry out the agreements and obligations of the authority under the direction of the court. In any suit, action or proceeding by the trustee, the fee, counsel fees and expenses of the trustee and of the receiver, if any, shall constitute taxable disbursements and all costs and disbursements allowed by the court shall be a first charge on any revenues derived from such project.
  4. Such trustee shall, in addition to the foregoing, have and possess all of the powers necessary or appropriate for the exercising of any functions specifically set forth herein or incident to the general representation of bondholders in the enforcement and protection of their rights.
 

S 1391. Exemption from taxation. It is hereby determined that the creation of the authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of Ogdensburg and its environs, and is a public purpose, and the authority shall be regarded as performing a governmental function in the exercise of the powers conferred upon it by this act and shall be required to pay no taxes or assessments upon any of the properties acquired by the authority or under its jurisdiction, control or supervision, or upon its activities. Bonds or notes issued pursuant to this act, together with the income therefrom, as well as the property of the authority shall be exempt from taxation except for transfer and estate taxes.
 

S 1392. Agreement of state on authority rights. The state of New York does pledge to and with the bondholders that the state will not limit or alter the rights hereby vested in the authority to acquire, construct, maintain, reconstruct and operate a project or projects, to establish and collect rates, fees, rentals and other charges, and to fulfill the terms of agreements made with the bondholders, or in any way impair the rights and remedies of the bondholders until the bonds, together with interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with an action or proceeding by or on behalf of the bondholders are fully met and discharged. No provision of this title shall be deemed to limit the power of the legislature to authorize the state or a political subdivision thereof to acquire properties of the authority and pay the indebtedness thereof.
 

S 1393. State and city not liable on bonds. The bonds and other obligations of the authority shall not be a debt of the state of New York or of the city, and neither the state nor the city shall be liable thereon, nor shall they be payable out of any funds other than those of the authority.
 

S 1394. Bonds legal investments. The bonds of the authority are hereby made securities in which all public officers and bodies of the state of New York and all municipalities and municipal subdivisions thereof, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons, except as hereinafter provided, who are now, or may hereafter be, authorized to invest in bonds or other obligations of the state, may properly and legally invest funds, including capital, in their control or belonging to them, provided that, notwithstanding the provisions of any other general or special law to the contrary, the bonds shall not be eligible for the investment of funds, including capital, of trusts, estates or guardianships under the control of individual administrators, guardians, executors, trustees and other individual fiduciaries. The bonds are also hereby made securities which may be deposited with and may be received by all public officers and bodies of the state of New York and all municipalities and municipal subdivisions thereof for any purpose for which the deposit of bonds or other obligations of the state is now, or may hereafter be, authorized.
 

S 1395. No control by other boards or commissions. Except as herein otherwise expressly provided, the authority, in the issuance of its bonds or other obligations, and in the exercise of its powers provided in this act for the fixing, charging and collecting of fees, rentals, or other charges, shall not be subject to the jurisdiction, control or regulation of any commission, department, board, officer, or agency of the city, or of the state or any political subdivision thereof.
 

S 1396. Punishment for irregular demeanor of members or employees of authority. It shall be a misdemeanor for a member of the authority or an officer, agent, servant or employee employed by or appointed by the authority, to be in any way or manner interested, directly or indirectly, as principal, surety or otherwise, in a contract, the expense or consideration whereof is payable out of the funds of the authority.
 

S 1397. Actions against authority. In any case founded upon a tort a notice of claim shall be required as a condition precedent to the commencement of an action or special proceeding against the authority and the provisions of section fifty-e of the general municipal law shall apply.
 

S 1398. Separability. If any clause, sentence, paragraph, part or provision of this title shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional, ineffective or invalid, such judgment shall not affect, impair or invalidate the remainder of this title, but shall be confined in its operation to the clause, sentence, paragraph, part or provision thereof directly involved in the controversy in which such judgment shall have been rendered.
 

S 1399. Effect of inconsistent provisions. In so far as the provisions of this title are inconsistent with the provisions of any other law, general, special or local, the provisions of this title shall be controlling.

All requests for any equipment with manpower will be determined by the Director of Operations and the Chief Financial Officer or Executive Director.  Rates associated with providing equipment with manpower will be at the rates set forth in the applicable Equipment Rental Rate Schedule published by the New York State Department of Transportation plus the cost of labor. 
Pursuant to Board action on August 12, 2008, the Ogdensburg Bridge & Port Authority hereby adopts the following Fixed Asset Policy.
 
A.   CAPITALIZATION:
  1. Tangible property purchased will be capitalized when the cost of such property exceeds $2,500; has an estimated useful life of more than three years; and/or increases the useful life of an existing asset by more than one year. The fair market value of property on the date of donation will be used for donated property.
  2. Items considered to be classified as a repair by nature will be expensed in full at the time of purchase or receipt by gift, regardless of cost or fair market value.
 
B.   DEPRECIATION:
  1. All capitalized assets will be depreciated over their estimated useful lives on a straight-line basis.
  2. Assets will be charged depreciation based on in-service date (i.e. full month when placed into service on the 1st, no depreciation for the month if placed into service on the last day of the month).
 
C.   ASSET CATEGORIES: 
  1. Land --self-explanatory.
  2. Land improvements—improvements made directly to or added to land (sidewalks, roads, waterways, drainage systems, sewers, fencing, landscaping, etc.).
  3. Buildings and Structures—purchase or construction of buildings and other structures (bridges, office buildings, warehouses, garages, etc.).
  4. Building and Structure Improvements—changes and improvements to existing buildings and structures which are not normally removable (additions, renovations, roofing, electrical improvements, entryways, carpets, etc.).
  5. Office Furniture, Fixtures, and Equipment—items not associated with maintenance or production-type operations (desks, files, safes, communication, and computer equipment, etc.).
  6. Machinery and Equipment—items associated with maintenance or production-type operations (generators, lawn care equipment, forklifts, scaffolding, etc.).
  7. Signage—marketing, safety, identification, directional, and other signage (speed limits, park directory, billboards, etc.).
  8. Vehicles—rolling stock equipment normally made or allowed for road use (automobiles, trucks, loaders, etc.).

D.     ASSET LIFE:
  1. Land—non-depreciable.
  2. Land Improvement—10 to 20 years.
  3. Building and Structures—15 to 40 years.
  4. Building and Structure Improvements—10 to 20 years (unless otherwise specified).
  5. Office Furniture, Fixtures, and Equipment—3 to 10 years.
  6. Machinery and Equipment—4 to 10 years.
  7. Signage—4 to 10 years.
  8. Vehicles—4 to 10 years.
 
E.  IDENTIFICATION:
  1. Any tangible personal property with a cost or donated value of at least $250, but not more than $2,500 with a life expectancy of more than one year will be tagged with an Ogdensburg Bridge and Port Authority identification tag.
  2. Any tangible personal property with a cost or donated value in excess of $2,500 and a life expectancy of more than one year will be tagged with an Ogdensburg Bridge and Port Authority numbered, fixed asset identification tag.
  3. A schedule of all tagged assets will be properly maintained by the Authority’s Finance Department.
 
F.  PHYSICAL INVENTORY
  1. A physical inventory of all fixed assets will be performed in conjunction with the Authority’s annual audit by the Chief Financial Officer and/or a designated individual.
  2. The results of such physical inventory will be communicated to the Executive Director.
 
This policy will remain in effect until amended by future Board action.

A physical inventory shall be taken on the last business day of each month. A record shall be made of each month’s inventory. All withdrawals from fuel sites shall be on a metered ticket system.

A monthly fuel inventory shall be forwarded to the Accounting Department. The monthly inventory shall show fuel use matched to equipment and/or vehicles from all locations.

The Accounting Department shall reconcile the monthly fuel reports and secure verification from the Chief Financial Officer or his or her designee. The Chief Financial Officer shall investigate discrepancies and file a written report with the Executive Director and the Chairperson of the Authority’s Board.

As Agents of the Authority, there are additional fuel inventory procedures at the Airport. The Agent records the inventory received into the accounting program and the daily tracking spreadsheet. Fuel tickets are created for all inventories received and bills of lading are collected from the trucking company. All gallons sold are tracked on a daily basis through the daily tracking spreadsheet; this spreadsheet is tied out to the sales activity report from the accounting and Point of Sale program.

Fuel transferred from the fuel farm to the Jet-A fuel trucks is tracked via the truck sheet log and entered into the accounting program (to be tied out). Simultaneously, a fuel ticket is created, which must match the truck sheet log. 100 LL inventory is tracked by reports, which are printed daily. These numbers are then recorded in the accounting program and tied out.

WIND SPEED PROCEDURES RESTRICTIONS
30 - 40 MPH Bridge Foreman/Facility Manager monitor wind speeds. Periodically travel bridge to visually assess bridge conditions and safety concerns for the traveling public.
 
Message signs changed to: HIGH WIND ADVISORY. USE CAUTION ON BRIDGE.
None
40 - 50 MPH Bridge Foreman/Facility Manager monitor situation and notify Executive Director to seek direction.

Message signs changed to: HIGH WINDS . REDUCE SPEED ON BRIDGE.
Escorted vehicles are to be individually assessed on the type of load.
50 - 60 MPH Bridge Foreman/Facility Manager or designee is on site. Bridge/Toll maintenance personnel are to be positioned at each end of the bridge to provide constant supervision of the crossing. Executive Director is to be notified.
 
Message signs changed to: HIGH WINDS . REDUCE SPEED TO 5 MPH
Restrictions of recreational vehicles (motor homes and travel trailers), motorcycles, empty container type trucks as warranted by bridge foreman, Facility Manager or designee.
60 + MPH Executive Director or designee closes the Bridge. Appropriate authorities on both side of the bridge are to be notified.

Message signs changed to: BRIDGE CLOSED
All Traffic

Airport fees shall be for the Airline’s operation at the Airport.  The enplaned per-passenger fees include; all landing, office space, ticket counter, CAM, Voice, Data, Overtime, and into-plane fueling services.  Fees excluded from the Incentive include fuel and other third-party services as defined by the FAA Air Carrier Incentive Program Guidebook. 

Airport fees will be waived for Qualifying Service for additional flights for the Waiver Period.  Waiver Period shall be defined as twelve (12) months from the Effective Date of Service updated annually.   In no case shall the Waiver Period extend beyond the Term of this Incentive Policy.

Fees shall be as follows:

  • Year 1: $2.50 per enplaned passenger (Waived for the first year [“Base Year”])
  • Year 2:  $2.50 per enplaned passenger 
  • Year 3:  $2.80 per enplaned passenger 
  • Year 4:  [Yr 3 rate X (1+ CPI%)] per enplaned passenger
Waiver of Fees:

Per-enplaned-passenger fees will be waived for Airline that both (1) increase service above the prior year’s flights, and (2) add new destinations.  Computation of Waiver of Fees will be as follows:

  1. The Airline’s number of operations will be computed at the end of its first twelve (12) months of operation.  If such service is to new destinations, the Airline is entitled to waiver of all per-enplaned-passenger fees in that year.
  2. For each subsequent twelve (12) month period, the number of flights and destinations in the previous year are used as the base from which any waiver is calculated.  A waiver of per-enplaned-passenger fees is available each year in which (a) the number of operations increases from the base and (b) the number of new destinations increases from the base by at least one.  All per-enplaned-passenger fees are waived for such increased operations and new destinations.  Such waiver is available only for one year since in the following year, such flights are included in the base from which the Airline’s entitlement to waiver of per-enplaned-passenger fees is to be calculated for the next year.
  3. If the Airline discontinues service to a destination, resumption of service to that destination is never considered to be service to a new destination.
  4. In no event shall the Airline be entitled to Waiver of Fees beyond the expiration of the Term of this Incentive Policy.
  5. All Waiver of Fees will be processed retroactively as refunds of prior year per-enplaned-passenger fees.

In recognition of a good faith effort by the Airline to expand flights and destinations, if the Airline comes within 10% of the calculation for the subsequent twelve (12)-month period, as detailed by point #2 above, Airport shall deem the Waiver of Fees are met for the year for the purpose of this Incentive Policy.

 
  1. Investment Objectives and Types of Investment Authorized
The primary investment objective of the Ogdensburg Bridge and Port Authority ("Authority") is to earn reasonable rates of return on its investments, while maintaining legality, safety and liquidity.
Authorized investments include and will primarily consist of:
  • Certificates of Deposit;
  • Treasury Bills;
  • Other securities guaranteed by the U.S. Government; and
  • Any other investments allowed under the Public Authorities Law that satisfy the investment objectives of the Authority.
 
  1. Diversification of Investments
The Authority will invest in any combination of authorized investments. The maturity dates of selected investments shall not exceed one year. Safety, liquidity and yield are the major factors used in determining the type and maturity of investments.
 
  1. Delegation of Investment .Management
All new investments must be reviewed and approved by both the Executive Director and the Chief Financial Officer.
 
  1. Internal Control and Procedures
The organizational structure of the Authority shall wherever practical, provide for the separation of the authorization and accounting functions and both of these activities shall be maintained separately from the custodial function. The Chief Financial Officer is required to develop and maintain a detailed operating procedures manual.
 
  1. Selection of Investment Firms
The Authority shall transact all business with full service commercial banking institutions. The Authority Board shall annually approve a list of banking institutions with which the Authority is authorized to transact business.

  1. Investment Procedures
Written documentation is required for all investments and the Authority shall insure that each investment is sufficiently secured or collateralized at the time of acquisition. Collateralization will be monitored on a monthly basis to insure that all investments are fully secured.
 
  1. Collateralization
All investments shall be fully secured or collateralized. The collateral should be segregated in the Authority's name and should be in the custody of the Authority or a third party custodian. The Authority should not accept a pledge of a proportionate interest in a pool of collateral. For demand deposits, time deposits and certificates of deposit, collateralization is required for amounts over and above the Federal Deposit Insurance Corporation coverage. The market value and the accrued interest of the collateral should equal the value of the investment and any accrued interest at all times. The recorded value of the collateral backing any investment should be compared with current market values (market-to-market) at the time of initial investment, and thereafter on a monthly basis, to be certain that it continues to be at least equal to the value of the investment plus accrued interest. There should be a written custodial agreement which, among other things, specifies the circumstances under which collateral may be substituted and provides that the custodian is holding the securities solely for the benefit of the Authority and makes no claim thereto.
 
  1. Performance Evaluation and Audit
Investment procedures will be reviewed annually for program compliance by the Authority's independent auditor as part of the annual financial statement audit.
 
  1. Reporting
  1. Internal Management Reporting - The Authority shall report to the Board on the investment program operations on a quarterly basis. The report, issued by the Chief Financial Officer should indicate any new investments, the inventory of existing investments and the selection of financial institutions.
  2. Financial Statements - The Authority's annual financial statements will be audited by an independent auditor in accordance with auditing standards and the standards generally accepted in the United States of America applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States.
  3. Reporting to Oversight Agencies - As required by the Public Authorities Law, an annual report shall be submitted to the Division of the Budget with copies to the Office of the State Comptroller, the Senate Finance Committee, and the Assembly Ways and Means Committee. Such report shall include:
 
  1. the investment guidelines required by Section 2925 (3) and any amendments to such guidelines since the last investment report;
  2. an explanation of the investment guidelines and amendments;
  3. the results of the annual independent audit;
  4. the investment record of the Authority; and
  5. a list of total fees, commissions or other charges paid to each financial institution rendering investment associated services to the Authority since the last investment report.
 
  1. Pledge of Investments
The Authority reserves the right to pledge any and all investments as security or collateral to secure interim financing for economic development projects.
A.  LEASE AGREEMENT DEVELOPMENT
  1. Leases will be negotiated by the Director of Commercial & Industrial Development, Business Developer, and/or the Executive Director with the assistance of the Chief Financial Officer and the Director of Operations.
  2. The Chief Financial Officer will provide the Director of Commercial & Industrial Development, Business Developer, and/or Executive Director with a break-even analysis and/or financial forecast for the proposed lease agreement as a basis for developing rates for the agreement. The Director of Operations will provide any information pertinent to the proposed lease that may impact the proposed cost of the lease, such as proposed building improvements, necessary repairs, time and materials estimates, etc.
  3. Progress on leases will be discussed in weekly Management Team meetings.
  4. Once the lease is negotiated the attached routing slip will be prepared by the Confidential Secretary and routed to the Management Team and for final approval by the Executive Director.
  5. The Principal Stenographer will prepare Board Resolutions based on the final proposed lease agreement for Board consideration.
 
B.  TENANT IMPROVEMENTS
  1. Unless otherwise approved by the Board of Directors, all alterations and improvements requested by an existing or future tenant of the Authority shall be at the Tenant’s expense.
  1. Such alterations and improvements shall be performed by the Tenant’s own contractors, or private contractors hired by the Authority.
  2. All alterations and improvements shall conform to all federal, state and local rules and regulations, including, but not limited to, the New York State Uniform Fire Prevention and Building Code. All alterations and improvements shall be conducted under the supervision and with the written approval of the Authority.
  1. The Authority’s Code Enforcement Officer(s) shall issue construction permits for approved work undertaken by tenants. The CEO Director of Operations shall also be responsible for providing for the review of requests for construction permits, for inspections during the process of construction, and for inspection in response to complaints regarding work which is subject to the Uniform Code.
  2. All structural alterations and improvements made by the Tenant are considered a part of the permanent structure and thus become the permanent property of the Authority. No improvements shall be removed by the Tenant at any time.
 
C.  LEASE RENEWALS
  1. The lease renewal process will substantially follow the same process noted in Section A above.
  2. On a monthly basis, the Confidential Secretary will distribute the lease Expiration Date Master List.   In addition, the Confidential Secretary will update and revise the Master List as leases are added, renewed, or removed. The critical function is to ensure that the monthly notification must include all lease renewals that have not been completed.                 Copies will be provided to the Executive Director, the Director of Commercial & Industrial Development and the Chief Financial Officer.
  3. Initial lease renewal activity should start within 60 – 90 days in advance of the termination date.
 
D.  MAINTENANCE INQUIRIES/COMPLAINTS
  1. The Maintenance Inquiry/Complaint Form is to be completed by the Authority’s tenant or the Authority employee receiving the maintenance inquiry or complaint. A copy will be and sent to the Director of Operations for scheduling, with a copy to the Account Clerk/Maintenance Clerk and to the Principal Stenographer and Finance Department for recordkeeping.
  2. Maintenance requests will be completed in an expeditious manner.
  1. POLICY STATEMENT and GENERAL PROVISIONS
  1. It is the policy of the Ogdensburg Bridge and Port Authority “Authority” to utilize Minority Business Enterprises in all aspects of contracting.  This commitment is demonstrated by the efforts taken in the development of the Authority’s MWBE plan and in correspondence within the Authority stating such a position.
  2. The Authority is required to implement the provisions of New York State Executive Law Article 15-A and 5 NYCRR Parts 142-144 (“MWBE Regulations”) for all State contracts as defined therein, with a value (1) in excess of $25,000 for labor, services, equipment, materials, or any combination of the foregoing or (2) in excess of $100,000 for real property renovations and construction.
  3. As part of the General Provisions all Contractors to the subject contract will agree, in addition to any other nondiscrimination provision of the Contract and at no additional cost to the Authority, to fully comply and cooperate with the Authority in the implementation of New York State Executive Law Article 15-A.  These requirements include equal employment opportunities for minority group members and women (“EEO”) and contracting opportunities for certified minority and women-owned business enterprises (“MWBEs”).  Contractor’s demonstration of “good faith efforts” pursuant to 5 NYCRR §142.8 shall be a part of these requirements. These provisions shall be deemed supplementary to, and not in lieu of, the nondiscrimination provisions required by New York State Executive Law Article 15 (the “Human Rights Law”) or other applicable federal, state or local laws.
  1. MWBE PLAN GOALS
  1. For purposes of procurement, the Authority establishes an overall goal of 30% for Minority and Women-Owned Business Enterprises (“MWBE”) participation, 15% for Minority-Owned Business Enterprises (“MBE”) participation and 15% for Women-Owned Business Enterprises (“WBE”) participation (based on the current availability of qualified MWBE firms).
  1. DESIGNATION OF MWBE COMPLIANCE OFFICER
  1. MWBE Compliance Officer:  Chief Financial Officer, Ogdensburg Bridge & Port Authority, One Bridge Plaza, Ogdensburg, NY 13669.  Phone:  (315) 393-4080.
  1. MWBE PROCEDURES
  1. “MWBE RFP CONTRACTOR REQUIREMENTS” will be included in all Authority RFP’s (Request for Proposals) meeting the criteria outlined in Section II B of this policy. (“MWBE RFP Contractor Requirements” immediately follows this policy).
  2. “MWBE Appendix” will be included in all Authority Contracts meeting the criteria outlined in Section II B of this policy. (“MWBE Appendix” immediately follows this policy).
  1. MWBE RESOURCES
  1. Directory:  For purposes of providing meaningful participation by MWBEs on the Contract and achieving the Contract Goals established by this policy, the directory of New York State Certified MBWEs found at the following internet address shall be utilized:  http://www.esd.ny.gov/mwbe.html
  2. Additional Resources:  Division of Minority and Woman Business Development (518) 292-5250; (212) 803-2414; or (716) 846-8200).
Mission:
While remaining self-sustaining, the Authority creates sound economic business development through the promotion of buildings, river, road, rail, and air transportation. This is accomplished by providing exceptional customer service, safe and secure facilities, good environmental stewardship, and focused professionalism.
 
Performance Measurements:
  • Meet or exceed Federal, State, and local regulatory requirements.
  • Meet or exceed Federal, State, and local safety requirements.
  • Operate transparently and with accountability to partners and general public.
  • Practice environmental stewardship throughout all operations.
  • Provide value-added services to communities through competitive rate structures.
  • Manage the Authority’s assets in a prudent and fiscally responsible manner.
  • Explore and utilize technology in the operation of our infrastructure.
 
Principles:
  • We will ensure customer service excellence in dealing with tenants, customers, suppliers, partners, contractors, and employees of the Ogdensburg Bridge and Port Authority.
  • We will provide safe and secure facilities for our employees, tenants, customers, and the general public.
  • We will provide responsible environmental stewardship to ensure, protect, and conserve our natural environment.
  • Provide focused professionalism when dealing with tenants, customers, suppliers, partners, contractors, and employees of the Ogdensburg Bridge and Port Authority.
WHEREAS, the Ogdensburg Bridge and Port Authority, (hereinafter referred to as the “Authority”) is a Public Authority and Public Benefit Corporation, the Members or Directors (hereinafter collectively referred to as the “Board”), of which consist of persons appointed by the Governor of the State of New York, upon the advice and consent of the New York State Senate; and

WHEREAS, Chapter 564 of the Laws of 1988, and specifically Subdivision 2 thereof, which amends §2879 of the Public Authorities Law, requires that the Authority adopt by resolution comprehensive guidelines which detail the Authority’s operative policy and instructions regarding the use, awarding, monitoring, and reporting of procurement contracts; and

WHEREAS, the Authority intends to comply with this requirement of law;

NOW, THEREFORE, LET IT BE RESOLVED, that the following constitutes the comprehensive guidelines setting forth the Authority’s operative policy and instructions regarding the use, awarding, monitoring, and reporting of procurement contracts.
 
PROCUREMENT CONTRACT GUIDELINES

  1. TITLE.  The following comprehensive guidelines detailing the operative policy and instructions of the Ogdensburg Bridge and Port Authority (referred to as the “AUTHORITY”) regarding the use, awarding, monitoring, and reporting of procurement contracts, shall be known as “Procurement Contract Guidelines.”  They shall also be referred to herein as the “Guidelines.”
  2. DEFINITIONS.
  1. Procurement Contract – any written agreement for the acquisition of goods or services of any kind, in the actual or estimated amount of $5,000 or more.
  2. Contract for Goods and Services – any written agreement to provide a good or service (other than those hereinafter defined as personal services) pertaining to vehicle or building operation and maintenance, office equipment and supplies, fuel and consumable liquids, printing, promotional materials, or any other similar item or items.
  3. Contract for Personal Services – any written agreement to provide a service, including but not limited to legal, accounting, management consulting,  investing, banking, planning, training, statistical, research, public relations, architectural, engineering, surveying, or other personal services of a consulting, professional, or technical nature, for a fee, commission, or other compensation by a person or persons not providing such services as an officer or employee of a State agency or public benefit corporation.
  4. Minority or Women-Owned Business Enterprises:
 
  1. For the purpose of these Guidelines, a minority business enterprise (MBE) is any business enterprise, including a sole proprietorship, partnership, or corporation that is:
  1. At least 51 percent owned by one or more minority group members or in the case of a publicly-owned business at least 51 percent of the common stock or other voting interests of which is owned by one or more minority group members;
  2. An enterprise in which the minority ownership is real, substantial, and continuing;
  3. An enterprise in which the minority ownership has and exercises the authority to control independently the day-to-day business decisions of the enterprise; and
  4. d. An enterprise authorized to do business in New York State, independently owned and operated, and not dominant in its field.
 
  1. For the purpose of these Guidelines, a minority group member means a United States citizen or permanent resident alien who is and can demonstrate membership in one of the following groups:
  1. Black persons having origins of any of the Black African racial groups not of Hispanic origin;
  2. Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American of either Indian or Hispanic origin, regardless of race;
  3. Asian and Pacific Islander persons having origins in any of the Far East, Southeast Asia, the Indian sub-continent, or the Pacific Islands; or
  4. Native American persons having origins in any of the original peoples of North America.
 
  1. For the purpose of these Guidelines, a women-owned business enterprise (WBE) means a business enterprise, including a sole proprietorship, partnership, or corporation which is:
  1. At least 51 percent owned by one or more United States citizens or permanent resident aliens who are women or in the case of a publicly-owned business at least 51 percent of the common stock or other voting interests of which is owned by a United State citizen or citizens or a permanent resident alien or aliens who are women;
  2. An enterprise in which the ownership interest of women is real, substantial, and continuing;
  3. An enterprise in which the women ownership has and exercises the authority to control independently the day-to-day business decisions of the enterprise; and
  4. An enterprise authorized to do business in New York State, independently owned and operated, and not dominant in its field.
 
  1. INTENT.  It is the intent of the Authority that to the fullest extent practical, and except as otherwise provided for herein, the selection of procurement contractors shall be from the widest available selection of responsible procurement contractors for a particular good or service.
 
  1. RESPONSIBILITY FOR PROCUREMENT CONTRACTS.  The Executive Director of the Authority or his duly appointed designee has the overall day-to-day responsibility and oversight regarding the awarding and monitoring of procurement contracts.  Personal services contractors shall be utilized in those areas where the Authority Board determines that such services may not reasonably be obtained by staff members of the Authority or by officers or employees of another State agency or public corporation.  In making such determination, facts such as timing, costs, qualifications, or the nature of the services to be rendered shall be taken into consideration.

  1. REQUIREMENTS REGARDING THE SELECTION OF PROCUREMENT CONTRACTORS.
 
  1. Personal Services.
 
  1. The selection of personal service contractors shall be on a competitive basis except that the Board may waive competition if it is in the best interest of the Authority for the Board to do so.  The standard of “Best Interest of the Authority” may, but need not be based upon one or more of the following criteria for the selection of personal service contractors:
  1. Confidentiality.
  2. Specialized expertise or unusual qualifications; or services obtainable from one  source only.
  3. Historical relationship with the Authority, the continuation of which is in its best interest.
  4. Specialized knowledge.
  5. Geographical proximity to the Authority.
  6. Lack of responsible competition, in the sole opinion of the Authority to perform the desired services.
  7. Nature, magnitude, or complexity of services required.
  8. Lack of Authority resources, support staff, specialized facilities, or equipment.
  9. Lower cost.
  10. Short-term or infrequent need for services.
  11. Selection which is necessary or convenient to the operations of the Authority.
 
  1.  Any contract involving services to be rendered over a period in excess of one year shall require the approval of the Board by resolution, and an annual review of the contract by the Board.
  2.  A personal service contract shall require approval of the Board by resolution when the amount thereof exceeds $10,000.
  3. Legal services need not be awarded on a competitive basis.
  4. A personal service contract over $5,000, which is to be awarded on a non-competitive basis, shall require Board approval.  Reasons for a non-competitive award should be stated in approving the motion or resolution.
  5. A personal service contract of less than $5,000 need not be awarded on a competitive basis nor approved by the Board unless for a period in excess of one year.  Reasons for a non-competitive award should be recorded for audit purposes.
  6. Exclusions:  Project contractors for personal services which are paid for by the Authority’s tenants/marine users or through grants from local, State, and/or Federal sources are excluded from these guidelines and reporting requirements.  Sources of funds other than Authority sources generally have requirements that must be complied with that are different than Authority guidelines.
 
 
  1. Goods and Other Services.
 
  1. Selection of contractors for goods and services other than personal services shall be made only on a competitive basis except as herein otherwise set forth.  The level of competition and authorization shall depend upon the estimated or actual value of the goods or service as follows:
  1. Authority purchases not exceeding $1,000. The authority may purchase directly from a local vendor of its choice pursuant to the following conditions:
  1. All purchases must be approved in advance by the immediate supervisor for any item of a non-recurring nature.
  2. All purchases of recurring nature such as telephone service, fuel, and electric service are exempt from classification a(1).
  3. All purchases of a non-recurring nature not previously budgeted can only be approved when an offsetting cost or budget reduction can be realized.
  4. Supervisor is responsible for determining that a budget allocation (funds) is available prior to any purchase.
  5. All delivery receipts and invoices must be authorized by the departmental supervisor prior to Authority effecting payment.
  1. Authority purchases in excess of $1,000 but not exceeding $2,500.  No formal competitive bidding is required; however, a minimum of three telephone, internet, or written quotations must be solicited from responsible vendors in order to obtain the lowest price available.   Please note, it is recommended that successful bidder’s quote be obtained in writing.  Names of vendors and price quotes must be recorded for audit purposes.
  1. All other purchasing procedures described in Section (a) above will be followed.
  1. Authority purchases in excess of $2,500 but not exceeding $5,000.  Same as Section (b) above, except a purchase order shall be issued and signed by the Executive Director or Chief Financial Officer.
  2. Authority purchases in excess of $5,000 but not exceeding $10,000.  Same as Section (c) above, except a written quotation must be submitted from responsible vendors.  Quotations to be retained for audit purposes.
  3. Authority purchases in excess of $10,000 but not exceeding $15,000.  Same as Section (d) above, except specific Board approval is required.
  4. Authority purchases in excess of $15,000 shall be formally bid.  Formally bid expenditures shall require an advertisement published once, not less than two weeks prior to the bid opening date, in one newspaper having a general circulation in the City of Ogdensburg.  All such purchases in this category must have a minimum of three (3) bids solicited and specific Board authorization obtained pursuant to the following conditions:
  1. Copy of the general specifications, proposal, and detailed specifications definitely worded as to grade, quality, quantity, delivery, and the date, hour, and place of the bid opening shall be forwarded to each responsible vendor from whom bids are requested.  A minimum of three (3) bids shall be solicited.
  2. Bids shall be in writing and sealed and shall be opened publicly at the time and place of bid opening.
  3. A written tabulation of all bids received at the bid opening shall be prepared setting forth the identity of each bidder, the prices quoted, and all other pertinent information.  Bids shall be tabulated by item number and unit price in such form as to afford a basis for strict comparison of the prices bid.  Bids received subsequent to the time noticed for the bid opening shall be rejected and returned to the bidder.
  4. The Authority may make a contract award to the lowest responsible bidder whose commodity best meets the Authority’s specifications and may prepare a purchase order addressed to such bidder.
  5. All bids, tabulations, documents, correspondence, and other information pertaining to each Authority purchase under the subdivision (f), together with copies of the purchase order to the lowest responsible bidder shall be forwarded to the Department of Audit and Control for payment.
  1. State contracts let by the Office of General Services should be utilized whenever possible as long as product quality, delivery time, quantity, and price are equal or better than those materials solicited locally by the Authority.
 
  1. Competition may be waived:
  1. On an emergency basis when the safety of life or property or business interruption is involved.  A written explanation of the nature of the emergency must accompany the purchase order/contract, explaining the need for sole source acquisition.
  2. When only one source is available.  A written statement must accompany the purchase order/contract, explaining the need for sole source acquisition.
  3. The level of approval required for such waivers of competition as set forth in subsections 2(a) and (b) herein shall be Executive Director within Categories B, C, and D above, and the Board of Directors for Categories E and F.
  4. When public procurement arrangements are used, such as:
  1. City, Country, or regional supply contracts.
  2. Federal GSA contracts.
  3. State OGS contracts.
  1. Under a warranty, when the Authority may be required to obtain service from a manufacturer-designated entity.
  2. When the best interest of the Authority is clearly served, as determined by the   Executive Director or the Board.
 
  1. Any contract for goods or services other than personal services, awarded for a period in excess of one year, shall require the approval of the Board by resolution, and an annual review of the contract by the Board.
 
VI.  MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES (“MBE/WBE”).
 
  1. Minority business enterprises and women-owned business enterprises shall be given full   opportunity to compete in all Authority contracts.
  2. It is the policy of the Authority to foster and promote participation of certified minority business enterprises and women-owned business enterprises in its procurements and the development of such enterprises and to facilitate a fair share of the awarding of procurement contracts to such enterprises.  In contracting, the Authority shall use its best efforts to give minority and women-owned business enterprises an opportunity to compete for Authority procurement, by soliciting or requesting offers from minority and women-owned businesses known to have experience in the types of goods or services, including professional services, being sought.  Written solicitations or requests for bids or proposals for procurement contracts shall include an affirmative action statement. The Authority will consult with organizations that serve minority and women-owned business enterprises, will maintain lists, and will refer to known lists maintained by State agencies in an effort to reach minority and women-owned businesses.
  3. In any procurement where an MBE/WBE submits a low bid which is equivalent to a bid from non-MBE/WBE firm, the MBE/WBE firm, if determined responsible, will be given preference.
 
VII. PROCEDURES FOR COMPETITIVE SELECTION – PERSONAL SERVICES.
 
The procedures for competitive selection of personal services contracts when such method of selection is considered to be in the best interest of the Authority, is as follows:
 
  1. The Authority shall prepare a written statement containing a description of the services, the reasons why they are required, and the required or estimated schedule or duration of the services. 
  2. A request for proposals (“RFP”) shall whenever practicable and desirable be sent to three or more firms as are in the best interest of the Authority to assure competition, including any MBE/WBE firms selected to receive the RFP pursuant to Authority MBE/WBE programs, unless there are less than three qualified firms or unless competition is waived as provided in the Guidelines.
  3. The RFP shall describe the services to be performed, any completion dates or time requirements, MBE/WBE requirements, if applicable, and the criteria to be utilized by the Authority in evaluating proposals; and shall contain a requirement for a cost proposal and the date, time, and place where proposals must be received.
  4. The Authority may select one or more proposers with which to interview after evaluation of the proposals received.  The award shall be made to the proposer or proposers whose proposal(s) will be the most advantageous to the Authority.  Price, qualifications, and other factors will be used as the basis for the decision.
  5. Architectural, Engineering, and Survey Contracts.
 
  1. In the procurement of such architectural, engineering, and surveying services as the Authority determines should be received through the RFP process, the Authority shall evaluate current statements of qualifications and performance data.  If desired, the Authority may conduct discussions with three or more professional firms regarding anticipated design concepts and proposed methods of approach to the assignment.
  2. The Authority shall then comply with the provisions of subparagraphs “A, B, and C” of Section 7 of the Guidelines.
  3. The Authority shall negotiate a contract with the highest qualified professional firm for architectural and/or engineering services and/or surveying services at compensation which the Authority determines in writing to be fair and reasonable.  In making this decision, the Authority shall take into account the estimated value of the services to be rendered, the scope, complexity, and professional nature thereof.  Should the Authority be unable to negotiate a satisfactory contract with the most qualified professional firm, that firm shall formally be terminated.  The Authority shall then undertake negotiations with the second most qualified professional firm.  Failing accord with the second most qualified professional firm, the Authority shall then undertake negotiations with the third most qualified professional firm.  Should the Authority be unable to negotiate a satisfactory contract with any of the selected professional firms in order of their competence and qualification, it shall continue negotiations in accordance with this subparagraph until an agreement is reached.
  4. The provisions of this subparagraph “E” shall apply only to engineering and/or architectural services and/or surveying services contracts in excess of Twenty Five Thousand Dollars ($25,000).
  5. Contracts for engineering, architectural, or surveying services involving lesser amounts may be entered into pursuant to the provision of this section or any other applicable provisions of the Guidelines.
 
VIII.  PROVISIONS TO BE CONTAINED IN ALL PROCUREMENT CONTRACTS.
 
A.    Procurement contracts shall set forth the nature, quantity, if applicable, and monitoring of the work performed, the use of Authority supplies and facilities, the use of Authority personnel, or other provisions considered to be in the best interest of the Authority.  All requirement of law shall be incorporated by reference in the Authority’s Procurement contracts.  Procurement contracts shall be awarded only to persons or firms deemed responsible to the Authority’s Procurement documents, as well as capable and responsible.
 
The following types of provisions may be contained in all procurement contracts, except that any of the provisions listed which are inapplicable or unnecessary because of the nature or duration of services or goods to be delivered, the location or locations where they are to be performed or the type of compensation being paid therefor need not be included.  Any other terms deemed applicable may be added.
 
  1. Description of services.
  2. Compensation.
  3. Time for performance or date of completion.
  4. Liability of contractor or consultant; indemnification of Authority.
  5. Reports of contractor or consultant.
  6. Ownership of plans, drawings, or other products of the performance of the services (professional services).
  7. No assignments or subcontracts without the express written consent of the Authority.
  8. Maintenance of records, accounts.
  9. Right of Authority to inspect and/or audit books and records of contractor or consultant (professional services).
  10. Insurance Requirements.
  11. Termination.
  12. Monitoring of the performance of services.
  13. Use of Authority supplies, facilities, or property.
  14. Use of Authority personnel.
  15. All provisions required to be included in Authority contracts by Federal, State, or local laws, ordinances, codes, rules, or regulations.
  16. Involvement of former officers or employees.
 
B.    Contractors shall have the following responsibilities:
 
  1. To perform the contract in accordance with its term;
  2. To perform services required under a contract competently, efficiently, in a timely and first-class manner, at a reasonable cost and in a manner which is acceptable to the Authority, or to deliver goods or supplies in first-class condition, to the proper location, on a timely basis, and in a manner which is acceptable to the Authority.
  3. To cooperate fully with Authority personnel who are directing, monitoring, or supervising the delivery of services or goods, or who are assisting in the delivery thereof.
 
IX.   INVOLVEMENT OF FORMER OFFICERS OR EMPLOYEES.
 
No procurement contracts shall be entered into with former officers or employees of the Authority except by a resolution adopted by a majority of the Members of the Board upon showing that such contract is in the best interest of the Authority, and then only to the extent permitted by section 73 of the Public Officers Law, the Authority Code of Ethical Conduct concerning outside activities, and other applicable provision of law.
 
X.    ANNUAL REPORT ON PROCUREMENT CONTRACTS.
 
  1. The Authority shall annually prepare and approve reports on procurement contracts which shall include the Guidelines, an explanation of the guidelines and any amendments thereto since the last annual report.  Such report on procurement contracts may be part of any other annual report that the corporation is required to make.  For the purposes of this report, only procurement contracts in the actual or estimated amount of $5,000 need be included.
  2. Such report shall be submitted annually per regulatory requirements.
  3. Copies of the annual report are to be made available to the public upon reasonable request.
 
XI.   THIRD PARTY RIGHTS; VALIDITY OF CONTRACTS.
 
  1. These Guidelines are intended for the guidance of officers and employees of the Authority only, and nothing contained herein is intended or shall be construed to confer upon any person, firm, or corporation any right, remedy, claim, or benefit under, or by reason, of any requirement or provision hereof.
  2. Nothing contained in the Guidelines shall be deemed to alter, affect the validity or, modify the terms of, or impair any contract or agreement made or entered into in violation of, or without compliance with, the provisions of the Guidelines.
 
XII.   MISCELLANEOUS.
 
  1. Where applicable, Federal, State, or local laws, ordinances, codes, rules or regulations containing requirements which are in conflict with or impose greater obligations upon the Authority than these Guidelines, then such requirements shall take precedence over those contained herein.
  2. Any specific provision of the Guidelines may be waived by the Chairman or Executive Director of the Authority or such individuals as they may designate, but only under extraordinary circumstances.
  3. The Authority shall not be precluded from adopting additional requirements relating to the matters covered by these Guidelines.
 
XIII.  EFFECTIVE DATE.
 
The Guidelines shall be effective as of October 6, 2010.

Category

Amount

Minimum Quotes Required

Purchase Order Required

Authorization Required

A $0 - $1,000 None No Department Supervisor
B $1,001 - $2,500 Three No Department Supervisor
C $2,501 - $5,000 Three Yes Executive Director or CFO
D $5,001 - $10,000 Three (written) Yes Executive Director or CFO
E $10,001 - $15,000 Three (written) Yes Board Approval
F Over $15,000 Formal Bid No Board Approval
ARTICLE I STATEMENT OF PURPOSE
 
101. This Policy Statement is adopted pursuant to Section 2880 of the Public Authorities Law.
 
ARTICLE II DEFINITION OF TERMS
 
201. Definitions: For the purpose of this policy statement, the following terms shall have the following meanings unless the context shall clearly indicate otherwise:
“Agency” shall mean the Ogdensburg Bridge and Port Authority. “Contract” shall mean an enforceable agreement entered into by the
Agency and a contractor, including purchase orders. Bond Resolutions and Purchase Agreements are not contracts within the meaning of this Section.
 
“Contractor” shall mean any persons or organizations providing goods, property, or services to the Agency pursuant to a contract.
 
“Designated Payment Department” shall mean that department within the Agency to which a proper invoice is to be submitted by a contractor.
 
“Prompt Payment” shall mean payment of a debt due and owing by the Agency before interest accrues thereon pursuant to the specifications herein.
 
“Proper Invoice” shall mean a written request for contract payment setting forth the description, price, and quantity of goods, property, or services provided by a contractor in such form and supported by such other substantiating documentation as the Agency may reasonably require.
 
“Receipt of Invoice” shall mean either:
 
(a)  The date on which a proper invoice is received by the designated payment department.
 
(b)  The date on which the Agency receives the purchased goods, property, or services covered by the proper invoice, whichever is later.
 
“Set off” shall mean the reduction by the Agency of a payment due to a contractor by an amount equal to the amount of an unpaid legally enforceable debt owed by the contractor to the Agency.

ARTICLE III RULES AND REGULATIONS
 
301.   Payment Request Procedure: Most contractors who are owed money by the Agency shall send a proper invoice to the attention of Accounts Payable, the designated payment department of the Agency.
 
302.   Schedule for Prompt Payment: The Agency will adhere to the following schedule for prompt payment:
 
(303) Once invoices are received, payment will be made within thirty
(30) calendar days, excluding legal holidays, after receipt of a proper invoice.
 
(b)   For contract with predetermined payment dates, payment will be made on each such date.
 
This schedule will not apply in those instances where payment is being delayed for any of the exceptions listed in Section 305 or tolled for any of the reasons listed in Section 306 of this policy statement.
 
304.   Funds Available to Pay Interest Penalties: The Agency will pay penalties with operating monies earned.
 
305.   Situations Which Justify Extension of Payment Time for Proper Invoices: The following facts or conditions constitute exceptions to the prompt payment schedule set forth in Section 302:
 
(a)     Statutory or contract provisions requiring an inspection or an audit prior to payment.
 
(b)     A requirement for State appropriation to authorize payment.
 
(c)     A requirement for Federal Government examination of a proper invoice prior to payment.
 
(d)     Extraordinary delay between the provision of goods, property, or services by a contractor and the receipt of a proper invoice by the Agency.
 
(e)     Failure by a contractor to submit documents required by agreement prior to payment.
 
306.   Reasons Which Justify the Tolling of Payment Time for Invoices: The following facts or conditions toll the prompt payment schedule set forth in Section 302:
 
(1)     The existence of defects in the goods, property, or services delivered.
 
(2)     The existence of defects in the invoice.
 
(3)     Suspected improprieties of any kind.
 
307.   Tolling Regulations: In order to toll the prompt payment schedule without penalty, the Agency has fifteen (15) days after the receipt

of an invoice to send a contractor notification of defects or improprieties. Agency notification shall be in the form of a standardized letter. In the event the Agency fails to act within fifteen (15) days, once the defect or impropriety is corrected, the number of days allow for payment is reduced by the number of days between the fifteenth (15th) day and the date of notification. In the event that the Agency’s contentions are proved unreasonable, the date by which contract payment shall be made is calculated from the date of receipt of invoice. For those contracts which provide for scheduled payments without an invoice, the same fifteen (15)-day regulations apply as above.
 
ARTICLE IV REPORTS
 
401. Statement Filing: Within thirty (30) days of the adoption of this statement and of any amendments hereto, the Agency shall file copies with the State Comptroller, the State Director of Budget, the Chairman of the Senate Finance Committee, and the Chairman of the Assembly Ways and Means Committee.
 
ARTICLE V MISCELLANEOUS PROVISION
 
501.   Statement Amendment: The Agency shall have the power to amend this policy statement by promulgating amended rules and regulations at any time.
 
502.   Contract Incorporation: The policy statement in effect at the time of the creation of a contract is hereby incorporated into and made a part of that contract.
 
503.   Public Access: The Agency shall make copies of this policy statement, as well as the annual report, available to the public upon reasonable request at the Agency’s main office.
 
In addition, the Agency shall provide upon request a copy of this policy statement to each contractor.
 
504.   Inapplicability of Statute: The statute authorizing this statement is not applicable to the Agency’s contracts with other governmental agencies, to interest on judgments rendered by a court against the Agency pursuant to any other statute or in situations where the Agency exercises a legally authorized set-off against all or part of a payment due a contractor.
 
505.   Legal Processes: The Agency is under no liability to pay interest pursuant to the statute after a contractor has filed a claim or given notice of an intention to file a claim or commenced legal action for payment of interest.