[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.
[1]
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.
A.
The acquisition, construction, maintenance, operation, improvement
or leasing of public port facilities including but not limited to
public parking facilities;
B.
The making of charges for the use or the services of such facilities,
and providing for the establishment, collection and enforcement of
such charges;
C.
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;
D.
Financing of such facilities, for the issuance of bonds therefor,
and for payment and security of such bonds;
E.
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
F.
Payment or compensation for services of the members of the South
Amboy Municipal Port Authority.
G.
The South Amboy Municipal Port Authority has the following additional
powers:
(1)
To adopt and have a common seal and to alter same at their pleasure;
(2)
To sue and be sued;
(3)
In its own name to acquire, hold, use and dispose of its charges
and other revenues and other moneys;
(4)
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;
(5)
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;
(6)
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;
(7)
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;
(8)
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;
(9)
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;
(10)
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;
(11)
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;
(12)
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.);
(13)
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;
(14)
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;
(15)
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;
(16)
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.
