New York State Consolidated Laws
Public Authorities
TITLE 9
RECONSTITUTION AND CONTINUATION OF
OGDENSBURG BRIDGE AUTHORITY AS OGDENS-
BURG 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.
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.