[HISTORY: Adopted by the Council of the City of Salem on 7-12-1982
as Ord. No. 8221; amended in its entirety 5-16-1983
by Ord. No. 8313. Subsequent amendments noted where applicable.]
There is established the City of Salem Municipal Port Authority, in
and for the city as a public body corporate and politic, pursuant to N.J.S.A.
40:68A-1 et seq., said Port Authority to be an agency and instrumentality
of the City of Salem. The purpose of said Port Authority shall be the establishment,
development and improvement of a port district for port purposes, by exercise
of the powers set forth herein or established by the New Jersey Municipal
Port Authorities Law, N.J.S.A. 40:68A-1 et seq., which shall include but not
be limited to acquisition, construction, improvement, maintenance, operation
or leasing of port facilities and to have responsibility for the establishment,
collection and enforcement of charges for the use of said port, as well as
to arrange for financing for said port by issuance of bonds or otherwise.
The City of Salem Municipal Port Authority, an instrumentality exercising
public and essential governmental functions and having perpetual succession,
shall have the following powers conferred upon such bodies by the legislature
by provisions of N.J.S.A. 40:68A-40 and shall also have such other powers
as should hereafter be granted by the legislature:
A.
To adopt and have a common seal and to alter the same
at pleasure.
B.
To sue and be sued.
C.
In its own name, to acquire, hold, use and dispose of
its charges and other revenues and other moneys.
D.
In its own name but for the City of Salem, to acquire,
rent, hold, use and dispose of other personal property for the purposes of
the Port Authority and to acquire by purchase, gift, condemnation or otherwise
or lease as lessee real property and easements therein necessary or useful
and convenient for the purposes of the Municipal Port Authority, whether subject
to mortgages, deeds of trust or other liens or otherwise, and to hold and
to use the same and to dispose of property so acquired no longer necessary
for the purposes of the Municipal Port Authority.
E.
To grant, by franchise, lease or otherwise, the use of
any project, facilities or property owned and controlled by it to any person
for such consideration and for such period or periods of time and upon such
other terms and conditions as it may fix and agree upon. Any such grant may
be upon condition that the user shall or may construct or provide any buildings
or structures or improvements on such project, facilities or property, or
portions thereof, all upon such terms and conditions as may be agreed upon.
F.
To provide for and secure the payment of any bonds and
the rights of the holders thereof to purchase, hold and dispose of any bonds.
G.
To apply for and to accept gifts or grants of real personal
property, money, material, labor or supplies for the purposes of the Municipal
Port Authority from any person, county or municipality, including the United
States or any agency thereof, and to make and perform such agreements and
contracts and to do any and all things necessary or desirable in connection
with the procuring, acceptance or disposition of such gifts or grants.
H.
To determine the exact location, type and character of
and all matters in connection with all or any part of the port system which
it is authorized to own, construct, establish, effectuate or control and to
enter on any lands, waters or premises for the purpose of making such surveys,
diagrams, maps or plans or for the purpose of making such soundings or borings
as it deems necessary or convenient.
I.
To make and enforce bylaws or rules and regulations for
the management and regulation of its business and affairs and for the use,
maintenance and operation of the port system and any other of its properties
and to amend the same.
J.
To do and perform any acts and things authorized by the
New Jersey Municipal Port Authorities Law, N.J.S.A. 40:68A-1 et seq. under,
through or by means of its own officers, agents and employees or by contracts
with any person.
K.
To acquire, purchase, construct, lease, operate, maintain
and undertake any project and to make service charges for the use thereof.
L.
To enter into any and all contracts, execute any and
all instruments and do and perform any and all acts or things necessary, convenient
or desirable for the purposes of the Municipal Port Authority or to carry
out any power expressly given to the New Jersey Municipal Port Authorities
Law, N.J.S.A. 40:68A-1 et seq., subject to P.L. 1979, c. 198, the Local Public
Contracts Law, N.J.S.A. 40A:11-1 et seq.
The City of Salem Municipal Port Authority shall consist of five members
to be appointed by the Council, by resolution, a certified copy of which shall
be filed in the Office of the New Jersey Secretary of State pursuant to N.J.S.A.
40:68A-4(d). Members shall serve for five-year terms, the members first appointed
to be designated to serve for terms respectively expiring on the first day
of February of the first, second, third, fourth and fifth years after their
appointment. Vacancies shall be filled by resolution of the Council for the
unexpired term.
A.
The powers of the Port Authority shall be vested in the
members thereof in office from time to time. A majority of the entire authorized
membership of the Port Authority shall constitute a quorum at any meeting
thereof. Action may be taken and motions and resolutions adopted by the Port
Authority at any meeting of the members thereof by vote of a majority of the
members present, unless in any case the bylaws of the Port Authority shall
require a larger number. The Port Authority may delegate to one or more of
its officers, agents or employees such powers and duties as it may deem proper.
B.
Each member of the Port Authority shall hold office for
the term for which he/she was appointed and until his/her successor has been
appointed and has qualified.
C.
No member, officer or employee of the Port Authority
shall have or acquire any interest, direct or indirect, in the port facilities
or in any property included or planned to be included in the port facilities
or in any contract or proposed contract for materials or services to be furnished
to or used by the Port Authority, but neither the holding of any office or
employment in the government of any municipality or under any law of the state
nor the owning of any property within the state shall be deemed a disqualification
for membership in or employment by the Port Authority. A member of the Port
Authority may be removed only by the Council and only for inefficiency or
neglect of duty or misconduct in office and after he/she shall have been given
a copy of the charges against him/her and, not sooner than 10 days thereafter,
had opportunity in person or by counsel to be heard thereon by the Council.
D.
The Port Authority may reimburse its members for necessary
expenses incurred in the discharge of their duties.
E.
The Port Authority, on or after the first day of February
in each year, shall annually elect from among its members a Chairman
and a Vice Chairman, who shall hold office until the first day of February
next ensuing and until their respective successors have been appointed and
have qualified. The Port Authority may also appoint and employ a secretary
and such professional and technical advisers and experts and such other officers,
agents and employees as it may require, and it shall determine their qualifications,
duties and compensation.
F.
Persons appointed and employed by the Port Authority
shall be subject to the civil service examination and appointment procedures
of N.J.S.A. § 11A:1-1 et seq.
G.
In order to accomplish the purposes set forth in the
Municipal Port Authorities Law and this chapter, the Council of the City of
Salem, pursuant to the provisions of N.J.S.A. 40:68A-56, hereby leases to
and permits the use by the City of Salem Port Authority of the land owned
by the City of Salem along its navigable rivers, the Salem River near Fenwick
Creek, known as "Block 29, Lot 1" and "Block 97, Lot 9," said land to be utilized
by the Port Authority for the purposes contained in this chapter. The consideration,
if any, and other terms, if any, of such lease, including payment in lieu
of taxes, may be set forth in an agreement between the Council and the City
of Salem Port Authority and authorized by resolution of the two bodies, and
which agreement or agreements may include provision for payment in lieu of
taxes to the City of Salem for properties the Port Authority may acquire from
other sources.
