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PNY - Port of New York Authority 154/21
Chapter 154 of the laws of 1921
Port of New York authority
Section 1. William R. Willcox, Eugenius H. Outerbridge and Murray
Hulbert, or any two of them, commissioners heretofore appointed under
chapter four hundred and twenty-six of the laws of nineteen hundred and
seventeen of the state of New York, together with the attorney-general
of the state of New York, are hereby authorized as commissioners upon
the part of the state of New York to enter into, with the state of New
Jersey, by and through the commissioners appointed or who may be
appointed under or by virtue of a law of the legislature of the state of
New Jersey, an agreement or compact in the form following, that is to
say:
Whereas, In the year eighteen hundred and thirty-four the states of
New York and New Jersey did enter into an agreement fixing and
determining the rights and obligations of the two states in and about
the waters between the two states, especially in and about the bay of
New York and the Hudson river; and
Whereas, Since that time the commerce of the port of New York has
greatly developed and increased and the territory in and around the port
has become commercially one center or district; and
Whereas, It is confidently believed that a better co-ordination of the
terminal, transportation and other facilities of commerce in, about and
through the port of New York, will result in great economies, benefiting
the nation, as well as the states of New York and New Jersey; and
Whereas, The future development of such terminal, transportation and
other facilities of commerce will require the expenditure of large sums
of money and the cordial co-operation of the states of New York and New
Jersey in the encouragement of the investment of capital, and in the
formulation and execution of the necessary physical plans; and
Whereas, Such result can best be accomplished through the co-operation
of the two states by and through a joint or common agency.
Now, therefore, The said states of New Jersey and New York do
supplement and amend the existing agreement of eighteen hundred and
thirty-four in the following respects:
ARTICLE I.
They agree to and pledge, each to the other, faithful co-operation in
the future planning and development of the port of New York, holding in
high trust for the benefit of the nation the special blessings and
natural advantages thereof.
ARTICLE II.
To that end the two states do agree that there shall be created and
they do hereby create a district to be known as the "Port of New York
District" (for brevity hereinafter referred to as "The District") which
shall embrace the territory bounded and described as follows:
The district is included within the boundary lines located by
connecting points of known latitude and longitude. The approximate
courses and distances of the lines enclosing the district are recited in
the description, but the district is determined by drawing lines through
the points of known latitude and longitude. Beginning at a point A of
latitude forty-one degrees and four minutes north and longitude
seventy-three degrees and fifty-six minutes west, said point being about
sixty-five-hundredths of a mile west of the westerly bank of the Hudson
river and about two and one-tenth miles northwest of the pier at
Piermont, in the county of Rockland, state of New York; thence due south
one and fifteen-hundredths miles more or less to a point B of latitude
forty-one degrees and three minutes north and longitude seventy-three
degrees and fifty-six minutes west; said point being about one and
three-tenths miles northwest of the pier at Piermont, in the county of
Rockland, state of New York; thence south fifty-six degrees and thirty-four minutes west six and twenty-six-hundredths miles more or less to a point C of latitude forty-one degrees and no minutes north and longitude seventy-four degrees and two minutes west, said point being about seven-tenths of a mile north of the railroad station at Westwood, in the county of Bergen, state of New Jersey; thence south sixty-eight degrees and twenty-four minutes west nine and thirty-seven-hundredths miles more or less to a point D of latitude forty degrees and fifty-seven minutes north and longitude seventy-four degrees and twelve minutes west, said point being about three miles northwest of the business center of the city of Paterson, in the county of Passaic, state of New Jersey; thence south forty-seven degrees and seventeen minutes west eleven and eighty-seven-hundredths miles more or less to a point E of latitude forty degrees and fifty minutes north and longitude seventy-four degrees and twenty-two minutes west, said point being about four and five-tenths miles west of the borough of Caldwell, in the county of Morris, state of New Jersey; thence due south nine and twenty-hundredths miles more or less to a point F of latitude forty degrees and forty-two minutes north and longitude seventy-four degrees and twenty-two minutes west, said point being about one and two-tenths miles southwest of the passenger station of the Delaware, Lackawanna and Western railroad in the city of Summit, in the county of Union, state of New Jersey; thence south forty-two degrees and twenty-four minutes west, seven and seventy-eight-hundredths miles more or less to a point G of latitude forty degrees and thirty-seven minutes north and longitude seventy-four degrees and twenty-eight minutes west, said point being about two and two-tenths miles west of the business center of the city of Plainfield, in the county of Somerset, state of New Jersey; thence due south twelve and sixty-five-hundredths miles more or less on a line passing about one mile west of the business center of the city of New Brunswick to a point H of latitude forty degrees and twenty-six minutes north and longitude seventy-four degrees and twenty-eight minutes west, said point being about four and five-tenths miles southwest of the city of New Brunswick, in the county of Middlesex, state of New Jersey; thence south seventy-seven degrees and forty-two minutes east ten and seventy-nine-hundredths miles more or less to a point I of latitude forty degrees and twenty-four minutes north and longitude seventy-four degrees and sixteen minutes west, said point being about two miles southwest of the borough of Matawan, in the county of Middlesex, state of New Jersey; thence due east twenty-five and forty-eight-hundredths miles more or less, crossing the county of Monmouth, state of New Jersey, and passing about one and four-tenths miles south of the pier of the Central Railroad of New Jersey at Atlantic Highlands to a point J of latitude forty degrees and twenty-four minutes north and longitude seventy-three degrees and forty-seven minutes west, said point being in the Atlantic ocean; thence north eleven degrees fifty-eight minutes east twenty-one and sixteen-hundredths miles more or less to a point K, said point being about five miles east of the passenger station of the Long Island railroad at Jamaica and about one and three-tenths miles east of the boundary line of the city of New York, in the county of Nassau, state of New York; thence in a northeasterly direction passing about one-half mile west of New Hyde Park and about one and one-tenth miles east of the shore of Manhasset bay at Port Washington, crossing Long Island sound to a point L, said point being the point of intersection of the boundary line between the states of New York and Connecticut and the meridian of seventy-three degrees, thirty-nine minutes and thirty seconds west longitude, said point being also about a mile northeast of the village of Port Chester; thence northwesterly along the boundary
line between the states of New York and Connecticut to a point M, said
point being the point of intersection between said boundary line between
the states of New York and Connecticut and the parallel of forty-one
degrees and four minutes north latitude, said point also being about
four and five-tenths miles northeast of the business center of the city
of White Plains; thence due west along said parallel, of forty-one
degrees and four minutes north latitude, the line passing about two and
one-half miles north of the business center of the city of White Plains
and crossing the Hudson river to the point A, the place of beginning.
The boundaries of said district may be changed from time to time by
the action of the legislature of either state concurred in by the
legislature of the other.
ARTICLE III
There is hereby created "The Port of New York Authority" (for brevity
hereinafter referred to as the "Port Authority"), which shall be a body
corporate and politic, having the powers and jurisdiction hereinafter
enumerated, and such other and additional powers as shall be conferred
upon it by the legislature of either state concurred in by the
legislature of the other, or by act or acts of congress, as hereinafter
provided. On and after July first, nineteen hundred seventy-two, the
port authority shall be known and designated as "The Port Authority of
New York and New Jersey."
ARTICLE IV
The port authority shall consist of twelve commissioners, six resident
voters from the state of New York, at least four of whom shall be
resident voters of the city of New York, and six resident voters from
the state of New Jersey, at least four of whom shall be resident voters
within the New Jersey portion of the district, the New York members to
be chosen by the state of New York and the New Jersey members by the
state of New Jersey in the manner and for the terms fixed and determined
from time to time by the legislature of each state respectively, except
as herein provided. Each commissioner may be removed or suspended from
office as provided by the law of the state from which he shall be
appointed.
ARTICLE V.
The commissioners shall, for the purpose of doing business, constitute
a board and may adopt suitable by-laws for its management.
ARTICLE VI.
The port authority shall constitute a body, both corporate and
politic, with full power and authority to purchase, construct, lease
and/or operate any terminal or transportation facility within said
district; and to make charges for the use thereof: and for any of such
purposes to own, hold, lease and/or operate real or personal property,
to borrow money and secure the same by bonds or by mortgages upon any
property held or to be held by it. No property now or hereafter vested
in or held by either state, or by any county, city, borough, village,
township or other municipality, shall be taken by the port authority,
without the authority or consent of such state, county, city, borough,
village, township or other municipality, nor shall anything herein
impair or invalidate in any way any bonded indebtedness of such state,
county, city, borough, village, township or other municipality, nor
impair the provisions of law regulating the payment into sinking funds
of revenues derived from municipal property, or dedicating the revenues
derived from any municipal property to a specific purpose.
The powers granted in this article shall not be exercised by the port
authority until the legislatures of both states shall have approved of a
comprehensive plan for the development of the port as hereinafter
provided.
ARTICLE VII.
The port authority shall have such additional powers and duties as may
hereafter be delegated to or imposed upon it from time to time by the
action of the legislature of either state concurred in by the
legislature of the other. Unless and until otherwise provided, it shall
make an annual report to the legislature of both states, setting forth
in detail the operations and transactions conducted by it pursuant to
this agreement and any legislation thereunder. The port authority shall
not pledge the credit of either state except by and with the authority
of the legislature thereof.
* ARTICLE VII-A
The port authority shall file with the temporary president and
minority leader of the senate and the speaker and minority leader of the
assembly, the chairman of the assembly ways and means committee and the
chairman of the senate finance committee of the state of New York and
the president, minority leader and secretary of the senate and the
speaker, minority leader and clerk of the general assembly of the state
of New Jersey a copy of the minutes of any action taken at any public
meeting of the port authority. Such filing shall be made on the same day
such minutes are transmitted to the governor of each state for review;
and notice of such filing shall be provided to the governor of each
state at the same time. Failure to effectuate any such filing shall not
impair the ability of the authority to act pursuant to a resolution of
its board. Such filing shall not apply to any minutes required to be
filed pursuant to section twenty of chapter six hundred fifty-one of the
laws of nineteen hundred seventy-eight.
The temporary president and minority leader of the senate, the speaker
and minority leader of the assembly, the chairman of the assembly ways
and means committee and the chairman of the senate finance committee of
the state of New York and the speaker and minority leader of the general
assembly and the president and the minority leader of the senate of the
state of New Jersey, or representatives designated by them in writing
for this purpose, may by certificate filed with the secretary of the
port authority waive the foregoing filing requirement with respect to
any specific minutes.
* NB Effective pending passage of identical legislation by the state
of New Jersey
ARTICLE VIII.
Unless and until otherwise provided, all laws now or hereafter vesting
jurisdiction or control in the public service commission, or the public
utilities commission, or like body, within each state respectively,
shall apply to railroads and to any transportation, terminal or other
facility owned, operated, leased or constructed by the port authority,
with the same force and effect as if such railroad, or transportation,
terminal or other facility were owned, leased, operated or constructed
by a private corporation.
ARTICLE IX.
Nothing contained in this agreement shall impair the powers of any
municipality to develop or improve port and terminal facilities.
ARTICLE X.
The legislatures of the two states, prior to the signing of this
agreement, or thereafter as soon as may be practicable, will adopt a
plan or plans for the comprehensive development of the port of New York.
ARTICLE XI.
The port authority shall from time to time make plans for the
development of said district, supplementary to or amendatory of any plan
theretofore adopted, and when such plans are duly approved by the
legislatures of the two states, they shall be binding upon both states
with the same force and effect as if incorporated in this agreement.
* ARTICLE XI-A
Notwithstanding any other provision of law to the contrary, every
action against the authority for damages or injuries to real or personal
property, or for the destruction thereof, or for personal injuries or
wrongful death shall not be commenced unless a notice of claim shall
have been served on the authority in the manner provided for in the
state where the action is commenced, and in compliance with the
pertinent statutes of the state relating generally to actions commenced
against that state and in compliance with all the requirements of the
laws of that state. Where such state's law permits service upon a
department of that state in lieu of service upon the public entity,
service may be made pursuant to such law. Except in an action for
wrongful death against such an entity, an action for damages or 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 or within the time period otherwise
prescribed by any special provision of law of that state, whichever is
longer.
* NB Effective upon enactment of legislation of identical effect by
the state of New Jersey or June 15, 2013, whichever is later
ARTICLE XII.
The port authority may from time to time make recommendations to the
legislatures of the two states or to the congress of the United States,
based upon study and analysis, for the better conduct of the commerce
passing in and through the port of New York, the increase and
improvement of transportation and terminal facilities therein, and the
more economical and expeditious handling of such commerce.
ARTICLE XIII
The port authority may petition any interstate commerce commission (or
like body), commissioner of transportation, public utilities commission
(or like body), or any other federal, municipal, state or local
authority, administrative, judicial or legislative, having jurisdiction
in the premises, after the adoption of the comprehensive plan as
provided for in article ten, for the adoption and execution of any
physical improvement, change in method, rate of transportation, system
of handling freight, warehousing, docking, lightering or transfer of
freight, which, in the opinion of the port authority, may be designed to
improve or better the handling of commerce in and through said district,
or improve terminal and transportation facilities therein. It may
intervene in any proceeding affecting the commerce of the port.
ARTICLE XIV.
The port authority shall elect from its number a chairman,
vice-chairman, and may appoint such officers and employees as it may
require for the performance of its duties, and shall fix and determine
their qualifications and duties.
ARTICLE XV.
Unless and until the revenues from operations conducted by the port
authority are adequate to meet all expenditures, the legislatures of the
two states shall appropriate, in equal amounts, annually, for the
salaries, office and other administrative expenses, such sum or sums as
shall be recommended by the port authority and approved by the governors
of the two states, but each state obligates itself hereunder only to the
extent of one hundred thousand dollars in any one year.
ARTICLE XV-A
1. The legislature finds and declares that the right of the public to
be present at meetings of the port authority of New York and New Jersey,
and to witness in full detail all phases of the deliberation, policy
formulation, and decision making of the authority, is vital to the
enhancement and proper functioning of the democratic process, and that
secrecy in public affairs undermines the faith of the public in
government and the public's effectiveness in fulfilling its role in a
democratic society; and declares it to be the public policy of this
state to insure the right of its citizens to have adequate advance
notice of and the right to attend all meetings of the authority at which
any business affecting the public is discussed or acted upon in any way
except only in those circumstances where otherwise the public interest
would be clearly endangered or the personal privacy of guaranteed rights
of individuals would be clearly in danger of unwarranted invasion.
2. As used in this act:
a. "Board" means the board of commissioners of the Port Authority of
New York and New Jersey.
b. "Meeting" means any gathering, whether corporeal or by means of
communication equipment, which is attended by, or open to, the board,
held with the intent, on the part of the board members present, to
discuss or act as a unit upon the specific public business of the
authority. "Meeting" does not mean a gathering (1) attended by less than
an effective majority of the board, or (2) attended by or open to all
the members of three or more similar public bodies at a convention or
similar gathering.
c. "Public business" mean matters which relate in any way, directly or
indirectly, to the performance of the functions of the port authority of
New York and New Jersey or the conduct of its business.
3. The board shall adopt and promulgate appropriate rules and
regulations concerning the right of the public to be present at meetings
of the authority. The board may incorporate in its rules and regulations
conditions under which it may exclude the public from a meeting or a
portion thereof.
Any rules or regulations adopted hereunder shall become a part of the
minutes of the port authority of New York and New Jersey and shall be
subject to the approval of the governor of New Jersey and the governor
of New York.
ARTICLE XVI
Unless and until otherwise determined by the action of the
legislatures of the two states, no action of the port authority shall be
binding unless taken at a meeting at which at least three of the members
from each state are present, and unless a majority of the members from
each state present at such meeting but in any event at least three of
the members from each state, shall vote in favor thereof. Each state
reserves the right to provide by law for the exercise of a veto power by
the governor thereof over any action of any commissioner appointed
therefrom.
ARTICLE XVII.
Unless and until otherwise determined by the action of the
legislatures of the two states, the port authority shall not incur any
obligations for salaries, office or other administrative expenses,
within the provisions of article fifteen, prior to the making of
appropriations adequate to meet the same.
ARTICLE XVIII.
The port authority is hereby authorized to make suitable rules and
regulations not inconsistent with the constitution of the United States
or of either state, and subject to the exercise of the power of
congress, for the improvement of the conduct of navigation and commerce,
which, when concurred in or authorized by the legislatures of both
states, shall be binding and effective upon all persons and corporations
affected thereby.
ARTICLE XIX.
The two states shall provide penalties for violations of any order,
rule or regulation of the port authority, and for the manner of
enforcing the same.
ARTICLE XX.
The territorial or boundary lines established by the agreement of
eighteen hundred and thirty-four, or the jurisdiction of the two states
established thereby, shall not be changed except as herein specifically
modified.
ARTICLE XXI.
Either state may by its legislature withdraw from this agreement in
the event that a plan for the comprehensive development of the port
shall not have been adopted by both states on or prior to July first,
nineteen hundred and twenty-three; and when such withdrawal shall have
been communicated to the governor of the other state by the state so
withdrawing, this agreement shall be thereby abrogated.
ARTICLE XXII.
Definitions. The following words as herein used shall have the
following meaning: "Transportation facility" shall include railroads,
steam or electric, motor truck or other street or highway vehicles,
tunnels, bridges, boats, ferries, car-floats, lighters, tugs, floating
elevators, barges, scows or harbor craft of any kind, air craft suitable
for harbor service, and every kind of transportation facility now in use
or hereafter designed for use for the transportation or carriage of
persons or property. "Terminal facility" shall include wharves, piers,
slips, ferries, docks, dry docks, bulkheads, dock-walls, basins,
car-floats, float-bridges, grain or other storage elevators, warehouses,
cold storage, tracks, yards, sheds, switches, connections, overhead
appliances, and every kind of terminal or storage facility now in use or
hereafter designed for use for the handling, storage, loading or
unloading of freight at steamship, railroad or freight terminals.
"Railroads" shall include railways, extensions thereof, tunnels,
subways, bridges, elevated structures, tracks, poles, wires, conduits,
power houses, substations, lines for the transmission of power,
car-barns, shops, yards, sidings, turn-outs, switches, stations and
approaches thereto, cars and motive equipment. "Facility" shall include
all works, buildings, structures, appliances and appurtenances necessary
and convenient for the proper construction, equipment, maintenance and
operation of such facility or facilities or any one or more of them.
"Real property" shall include land under water, as well as uplands, and
all property either now commonly or legally defined as real property or
which may hereafter be so defined. "Personal property" shall include
choses in action and all other property now commonly or legally defined
as personal property or which may hereafter be so defined. "To lease"
shall include to rent or to hire. "Rule or regulation," until and unless
otherwise determined by the legislatures of both states, shall mean any
rule or regulation not inconsistent with the constitution of the United
States or of either state, and, subject to the exercise of the power of
congress, for the improvement of the conduct of navigation and commerce
within the district, and shall include charges, rates, rentals or tolls
fixed or established by the port authority; and until otherwise
determined as aforesaid, shall not include matters relating to harbor or
river pollution. Wherever action by the legislature of either state is
herein referred to, it shall mean an act of the legislature duly adopted
in accordance with the provisions of the constitution of the state.
Plural or singular. The singular wherever used herein shall include
the plural.
Consent, approval or recommendation of municipality; how given.
Wherever herein the consent, approval or recommendation of a
"municipality" is required, the word "municipality" shall be taken to
include any city or incorporated village within the port district, and
in addition in the state of New Jersey any borough, town, township or
any municipality governed by an improvement commission within the
district. Such consent, approval or recommendation whenever required in
the case of the city of New York shall be deemed to have been given or
made whenever the board of estimate and apportionment of said city or
any body hereafter succeeding to its duties shall by a majority vote
pass a resolution expressing such consent, approval or recommendation;
and in the case of any municipality now or hereafter governed by a
commission, whenever the commission thereof shall by majority vote pass
such a resolution; and in all other cases whenever the body authorized
to grant consent to the use of the streets or highways of such
municipality shall by a majority vote pass such a resolution.
§ 2. The said agreement or compact, when signed and sealed by the
commissioners of each state as hereinbefore provided, and the
attorney-general of the state of New York, and the attorney-general of
the state of New Jersey if he be designated so to act by the state of
New Jersey, shall become binding upon the state of New York, and shall
be filed in the office of the secretary of state of the state of New
York.
§ 3. If by death, resignation or otherwise, a vacancy occurs among
those appointed hereunder by the state of New York, the governor is
hereby authorized to fill the same.
§ 4. The said commissioners, together with the commissioners appointed
from the state of New Jersey, shall have power to apply to the congress
of the United States for its consent and approval of the agreement or
compact signed by them; but in the absence of such consent of congress
and until the same shall have been secured, the said agreement or
compact shall be binding upon the state of New York in all respects
permitted by law for the two states of New York and New Jersey without
the consent of congress to co-operate, for the purposes enumerated in
said agreement or compact, and in the manner provided herein.
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