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Q: Legislation definig the jurisdiction of the World Trade Center ( Answered 5 out of 5 stars,   0 Comments )
Question  
Subject: Legislation definig the jurisdiction of the World Trade Center
Category: Miscellaneous
Asked by: noanoa-ga
List Price: $50.00
Posted: 20 Nov 2005 16:05 PST
Expires: 20 Dec 2005 16:05 PST
Question ID: 595575
I am looking for the exact and full quote of the 1962 legislation
authorizing the development of World Trade Center, and providing that
as long as the WTC is owned by PANYNJ, no agency, commission, or
municipality shall have jurisdiction over the WTC

Request for Question Clarification by pafalafa-ga on 20 Nov 2005 17:25 PST
I'm not sure if this is quite what you're after, though it seems to
be, at least, a part of it:


==========
3.  [Power and authority of port authority] 

   In furtherance of the aforesaid findings and determinations and in
partial effectuation of and supplemental to the comprehensive plan
heretofore adopted by the two said states for the development of the
said port district, the port authority is hereby authorized and
empowered to establish, acquire, construct, effectuate, develop, own,
lease, maintain, operate, improve and rehabilitate a project herein
referred to as the port development project, which shall consist of a
facility of commerce herein referred to as the world trade center, to
be located within the Hudson tubes-world trade center area, and
railroad facilities herein referred to as the Hudson tubes and the
Hudson tubes extensions. The port authority shall proceed as rapidly
as may be practicable to accomplish the purposes of this act.
 
The port authority is hereby authorized and empowered to establish,
levy and collect such rentals, tolls, fares, fees and other charges as
it may deem necessary, proper or desirable in connection with any
facility or part of any facility constituting a portion of the port
development project and to issue bonds for any of the purposes of this
act and to provide for payment thereof, with interest upon and the
amortization and retirement of such bonds, and to secure all or any
portion of such bonds by a pledge of such rentals, tolls, fares, fees,
charges and other revenues or any part thereof (including but not
limited to the revenues of any subsidiary corporation incorporated for
any of the purposes of this act), and to secure all or any portion of
such bonds by mortgages upon any property held or to be held by the
port authority (or by any such subsidiary corporation) for any of the
purposes of this act, and for any of the purposes of this act to
exercise all appropriate powers heretofore or hereafter delegated to
it by the states of New York and New Jersey, including, but not
limited to, those expressly set forth in this act. The surplus
revenues of the port development project may be pledged in whole or in
part as hereinafter provided.
 
Unless and until hereafter expressly authorized by the two states the
port authority shall not: (a) operate or permit operation by others of
its Hudson tubes railroad cars or other rolling stock or equipment or
Hudson tubes extensions railroad cars or other rolling stock or
equipment except upon the rail transit lines of the Hudson tubes or of
the Hudson tubes extensions and also between the Market street station
and the South street station of the Pennsylvania railroad company in
the city of Newark, state of New Jersey; or (b) except by way of
Hudson tubes extensions as herein defined, make additions, betterments
or other improvements to or of said Hudson tubes or Hudson tubes
extensions by way of extensions of their rail transit lines. Nothing
herein contained shall be deemed to prevent the making by the port
authority of such joint service or other agreements with railroads as
it shall deem necessary, convenient or desirable for the use of the
Hudson tubes and Hudson tubes extensions by the railroad cars or other
rolling stock or equipment of such railroads and the acquisition of
the rights of any or all parties in any joint service or other
agreements the Hudson & Manhattan railroad company or its successors
shall have made with other railroads for such use of the Hudson tubes.
 
The port authority shall not proceed with the effectuation of any
railroad or railroad facility in addition to the Hudson tubes and the
Hudson tubes extensions until hereafter expressly authorized by the
two states. Nothing contained in this act shall authorize or empower
the port authority to establish, construct or otherwise effectuate an
air terminal.
==========


Let me know what you think.


pafalafa-ga

Clarification of Question by noanoa-ga on 20 Nov 2005 19:34 PST
The quote you sent me talks about authorization to develop the WTC in
general. I am looking, specifically, for the authorization that as
long as the WTC is owned by PANYNJ, no agency, commission, or
municipality shall have jurisdiction over the WTC.

All I know is that this legislation was written in 1962.
Answer  
Subject: Re: Legislation definig the jurisdiction of the World Trade Center
Answered By: pafalafa-ga on 20 Nov 2005 20:05 PST
Rated:5 out of 5 stars
 
noanoa-ga,

Thanks for your clarification.

The full law authorizing the World Trade Center is a lengthy document
that you would have to access in print form, or via a legal database
such as Westlaw of Lexis-Nexis, to see it in its entirety.


However, the section regarding jusrisdictions is Section 12 of the
law, which I've reproduced below, along with the citation for the full
law:

==========

UNCONSOLIDATED LAWS    
PUBLIC AUTHORITIES--PORT OF NEW YORK AND NEW JERSEY  
CHAPTER 152.  PORT DEVELOPMENT PROJECT


NY CLS Unconsol Ch 152,  12


 12.  [Port authority's jurisdiction and authority] 

   All details of the effectuation, including but not limited to
details of financing, leasing, rentals, tolls, fares, fees and other
charges, rates, contracts and service, of the world trade center, the
Hudson tubes and the Hudson tubes extensions by the port authority
shall be within its sole discretion and its decision in connection
with any and all matters concerning the world trade center, the Hudson
tubes and the Hudson tubes extensions shall be controlling and
conclusive. The local laws, resolutions, ordinances, rules and
regulations of the city of New York shall apply to such world trade
center if so provided in any agreement between the port authority and
the city and to the extent provided in any such agreement.
 
So long as any facility constituting a portion of the port development
project shall be owned, controlled or operated by the port authority
(either directly or through a subsidiary corporation incorporated for
any of the purposes of this act), no agency, commission or
municipality of either or both of the two states shall have
jurisdiction over such facility nor shall any such agency, commission
or municipality have any jurisdiction over the terms or method of
effectuation of all or any portion thereof by the port authority (or
such subsidiary corporation) including but not limited to the transfer
of all or any portion thereof to or by the port authority (or such
subsidiary corporation).
 
Nothing in this act shall be deemed to prevent the port authority from
establishing, acquiring, owning, leasing, constructing, effectuating,
developing, maintaining, operating, rehabilitating or improving all or
any portion of the port development project through wholly owned
subsidiary corporations of the port authority or from transferring to
or from any such corporations any moneys, real property or other
property for any of the purposes of this act. If the port authority
shall determine from time to time to form such a subsidiary
corporation it shall do so by executing and filing with the secretary
of state of New York and the secretary of state of New Jersey a
certificate of incorporation, which may be amended from time to time
by similar filing, which shall set forth the name of such subsidiary
corporation, its duration, the location of its principal office, and
the purposes of the incorporation which shall be one or more of the
purposes of establishing, acquiring, owning, leasing, constructing,
effectuating, developing, maintaining, operating, rehabilitating or
improving all or any portion of the port development project. The
directors of such subsidiary corporation shall be the same persons
holding the offices of commissioners of the port authority. Such
subsidiary corporation shall have all the powers vested in the port
authority itself for the purposes of this act except that it shall not
have the power to contract indebtedness. Such subsidiary corporation
and any of its property, functions and activities shall have all of
the privileges, immunities, tax exemptions and other exemptions of the
port authority and of the port authority's property, functions and
activities. Such subsidiary corporation shall be subject to the
restrictions and limitations to which the port authority may be
subject, including, but not limited to the requirement that no action
taken at any meeting of the board of directors of such subsidiary
corporation shall have force or effect until the governors of the two
states shall have an opportunity, in the same manner and within the
same time as now or hereafter provided by law for approval or veto of
actions taken at any meeting of the port authority itself, to approve
or veto such action. Such subsidiary corporation shall be subject to
suit in accordance with section nine of this act and chapter three
hundred one of the laws of New York of nineteen hundred fifty and
chapter two hundred four of the laws of New Jersey of nineteen hundred
fifty-one as if such subsidiary corporation were the port authority
itself. Such subsidiary corporation shall not be a participating
employer under the New York retirement and social security law or any
similar law of either state and the employees of any such subsidiary
corporation, except those who are also employees of the port
authority, shall not be deemed employees of the port authority.
 
Whenever any state, municipality, commission, agency, officer,
department, board or division is authorized and empowered for any of
the purposes of this act to co-operate and enter into agreements with
the port authority or to grant any consent to the port authority or to
grant, convey, lease or otherwise transfer any property to the port
authority or to execute any document, such state, municipality,
commission, agency, officer, department, board or division shall have
the same authorization and power for any of such purposes to
co-operate and enter into agreements with such subsidiary corporation
and to grant consents to such subsidiary corporation and to grant,
convey, lease or otherwise transfer property to such subsidiary
corporation and to execute documents for such subsidiary corporation.

==========


I trust that is the language you were looking for.

However, please do not rate this answer if there is anything else you
need.  Just post a Request for Clarification to let me know how else I
can help you, and I'm at your service.

All the best,

pafalafa-ga


search strategy -- searched Google and several legal databases for:


"world trade center" jurisdiction

"world trade center" hudson railroad

Request for Answer Clarification by noanoa-ga on 22 Nov 2005 17:15 PST
Thanks. This is exactly what I was looking for.

Can you give me the full title of the document, both for par. 3 and
Par. 12 and the date the document was issued. I need it as the full
formal source of the quote.

Thanks again,

noa

Clarification of Answer by pafalafa-ga on 22 Nov 2005 19:07 PST
Citations for legal material are very strange and unintuitive,
especially for laws that fall into the "unconsolidated" category.  I
can't claim to fully understand the workings of the citation system.

I found the text of the laws from the Lexis legal database, by
searching under the laws of New York State for [ NY CLS Unconsol
Chapter 152 ].

If you have access to Lexis yourself, a similar search should return
the full text of the law in question.

As for the citation, itself, there's not much more to it that what I
already provided, although there is a reference at the beginning of
the law to the fact that its from 1962:


=====
NY CLS Unconsol Chapter 152 

Laws 1962, Chap. 209
   (With all subsequent amendments as shown on the Authentication Certificate)
   AN ACT to provide for the financing and effectuation by the port of
New York authority of a port development project, consisting of the
Hudson tubes, the Hudson tubes extensions and a world trade center,
for co-ordinating, facilitating and promoting the transportation of
persons and the flow and exchange of trade and commerce in and through
the port of New York district, and agreeing with the state of New
Jersey with respect thereto.

HISTORY:    Add, L 1962, ch 209, eff as shown at Ch 152,  19. 
=====


Other than that, the citations are as I already provided you earlier,
the only difference being the reference to either  3 or  12.


Hope that does the trick.


pafalafa-ga

Request for Answer Clarification by noanoa-ga on 23 Nov 2005 12:01 PST
"(With all subsequent amendments as shown on the Authentication Certificate)"

Are there amendments to these two chapters? If there are, I need to
know. If there aren't, I have all I need.

Thanks again,

noa

Clarification of Answer by pafalafa-ga on 23 Nov 2005 12:37 PST
Good thinking!

I checked, and there are no amendments.

Have a happy Thanksgiving (presuming that's a holiday for you).

paf
noanoa-ga rated this answer:5 out of 5 stars

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