[HISTORY: §§ 16-1—16-6 adopted September 17, 2003 by Ord. No. 26-2003 as amended through December 31, 2016. Amendments noted where applicable.]
Pursuant to the provisions of Chapter 192 of the Laws of 1960 (N.J.S.A. 40:68A-29 et seq.) known as the "Municipal Port Authorities Law" of the State of New Jersey, there is hereby created a public body corporate and politic under the name and style of "The City of South Amboy Municipal Port Authority."
The City of South Amboy Municipal Port Authority shall consist of five members to be known as Commissioners, and said Commissioners shall be appointed by the Mayor with the advice and consent of the City Council of the City of South Amboy in accordance with the provisions of the said Municipal Port Authorities Law.
Upon the adoption of this Ordinance No. 26-2003 on September 17, 2003, and the creation of the City of South Amboy Municipal Port Authority, the City Clerk shall file a certified copy of this Ordinance No. 26-2003 in the office of the Secretary of State, in the office of the Division of Local Government in the Department of Treasury. The City Clerk shall also file any resolution appointing any members to the City of South Amboy Municipal Port Authority in the Office of the Secretary of State.
Editor's Note: Filing now required to the Division of Local Finance in the Department of Community Affairs, see N.J.S.A. 52:27D-18.
The City of South Amboy Municipal Port Authority hereby created is a Municipal Port Authority as contemplated and provided for in said Municipal Port Authorities Law, and shall have and exercise the powers, perform all of the duties provided for by said Municipal Port Authorities Law and any other statutes heretofore or hereafter enacted and applicable thereto. Specifically the following actions of the South Amboy Municipal Port Authority are hereby authorized.
The acquisition, construction, maintenance, operation, improvement or leasing of public port facilities including but not limited to public parking facilities;
The making of charges for the use or the services of such facilities, and providing for the establishment, collection and enforcement of such charges;
To have full responsibility and powers with respect to such facilities and the establishment, collection, enforcement, use and disposition of such charges for the use or services of such facilities;
Financing of such facilities, for the issuance of bonds therefor, and for payment and security of such bonds;
Discretionary powers to provide for public port facilities or a system thereof and obtaining funds to defray the cost thereof from the users of such facilities or from the county or municipality or from other persons contracting for or with respect to the same; and
Payment or compensation for services of the members of the South Amboy Municipal Port Authority.
The South Amboy Municipal Port Authority has the following additional powers:
To adopt and have a common seal and to alter same at their pleasure;
To sue and be sued;
In its own name to acquire, hold, use and dispose of its charges and other revenues and other moneys;
In its own name but for the local unit, to acquire, rent, hold, use and dispose of other personal property for the purposes of the Municipal 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;
To grant by franchise, lease or otherwise, the use of any project, facilities 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;
To provide for and secure the payment of any bonds and the rights of the holders thereof, and to purchase, hold and dispose of any bonds;
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 contacts and to do any and all things necessary or desirable in connection with procuring, acceptance or disposition of such gifts or grants;
To determine the exact location, type and character of and all matters in connection with all or any part of the port system which 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;
To make and enforce bylaws or rules and regulation 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;
To do and perform any acts and things authorized by the Municipal Port Authorities Law or by means of its own officers, agents and employees, or by contracts with any person;
To acquire, purchase, construct, lease, operate, maintain and undertake any project including but not limited to parking facilities and to make service charges for the use thereof;
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 in the Municipal Port Authorities Law subject to P.L.1971, c. 198 "Local Public Contracts Law" (N.J.S.A. 40A:11-1 et seq.);
To fix, charge and collect rents, fees or other charges in connection with, or for the use or services of, the port system, and for all services sold, furnished or supplied directly or indirectly through the port system;
To incur indebtedness, borrow money and issue bonds for the purpose of financing the project or of funding or refunding the bonds. Such bonds shall be authorized by the bond resolution and may be issued in one or more series and shall bear such date or dates, mature at such time or times not exceeding 40 years from the date thereof, bear interest at a rate or rates within such maximum rate (not exceeding 6% per annum), be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable from such sources in such medium of payment at such place or places within or without the State, and be subject to such terms or redemption (with or without premium) as the bond resolution may provide. Neither the members of the Municipal Port Authority nor any person executing bonds shall be liable personally on the bonds by reason of the issuance thereof;
Power to make reasonable regulations in connection with construction or operation of any part of port for the installation, construction, maintenance, repair, renewal, relocation and removal of tracks, pipes, mains, conduits, cables, wires, towers, poles of any other equipment and appliances (herein called "facilities") of any public utility as defined in N.J.S.A. 48:2-13 in, on, along, over or under any real property of the Municipal Port Authority;
To enter into agreements with respect to the payment by the Municipal Port Authority to its municipality of annual sums of money in lieu of taxes on such property in an amount not less than the amount of taxes last paid on such property prior to its acquisition by the Municipal Port Authority, or such other agreed amount computed on the basis of the assessed value of real property without improvements.
All ordinances or parts thereof inconsistent with this chapter are hereby repealed.
This Ordinance No. 26-2003 shall take effect upon passage and publication as provided by law.