New Jersey § 32:8-3

§ 32:8-3.

For the effectuation of its authorized purposes, the commission is hereby granted

the following powers as limited and supplemented by P.L.1994, c. 176 ( C. 32:8-3.5 et seq. ) and P.L.1994, c. 177 ( C. 32:8-3.8 et seq. ) : (a) To have perpetual succession. (b) To sue and be sued. (c) To adopt and use an official seal. (d) To elect a chairman, vice-chairman, secretary, and treasurer and appoint an engineer. The secretary, treasurer, and engineer need not be members of the commission. (e) To adopt suitable by-laws for the management of its affairs. (f) To appoint such other officers, agents and employees as it may require for the

performance of its duties. (g) To determine the qualifications and duties of its appointees, and to fix their

compensation , except that the commission shall not employ directly or as an independent contractor

a member of the commission for a period of two years after the expiration of the term

of office of that member . (h) To enter into contracts. (i) To acquire, own, hire, use, operate, and dispose of personal property. (j) To acquire, own, use, lease, operate, and dispose of real property and interest

in real property, and to make improvements thereon. (k) To grant the use of, by franchise, lease, and otherwise, and to make and collect

charges for the use of, any property or facility owned or controlled by it. (l) To borrow money upon its bonds or other obligations, either with or without security. (m) To exercise the power of eminent domain. (n) To determine the exact location, system, and character of, and all other matters

in connection with, any and all improvements or facilities which it may be authorized

to own, construct, establish, effectuate, maintain, operate or control. (o) In addition to the foregoing powers, to exercise the powers, duties, authority

and jurisdiction heretofore conferred and imposed upon the aforesaid commissions,

hereby constituted a joint commission by reciprocal legislation of the Commonwealth

of Pennsylvania and the State of New Jersey, with respect to the acquisition of toll

bridges over the Delaware River, the management, operation and maintenance of such

bridges, and the location, acquisition, construction, administration, operation and

maintenance of additional bridge communications over the Delaware River at any location

north of the boundary line between Bucks county and Philadelphia county in the Commonwealth

of Pennsylvania as extended across the Delaware River to the New Jersey shore of said

river. The powers granted in this paragraph shall be in addition to those powers granted

by paragraph (a) of Article X of this agreement. 1 (p) To exercise all other powers, not inconsistent with the Constitutions of the States

of Pennsylvania and New Jersey or of the United States, which may be reasonably necessary

or incidental to the effectuation of its authorized purposes or to the exercise of

any of the powers granted to the commission by this agreement or any amendment thereof

or supplement thereto, except the power to levy taxes or assessments for benefits;

and generally to exercise, in connection with its property and affairs and in connection

with property under its control, any and all powers which might be exercised by a

natural person or a private corporation in connection with similar property and affairs. (q) To acquire, construct, rehabilitate, improve, maintain, lease as lessor or as

lessee, repair and operate port and terminal facilities as hereinafter defined within

the district, including the dredging of ship channels and turning basins and the filling

and grading of land therefor. (r) To provide from time to time for the issuance of its bonds or other obligations

for any one or more of its corporate purposes; all bonds and other obligations hereafter

issued by the commission shall have all the qualities and incidents of negotiable

instruments. (s) To fix, charge, and collect fees, rentals, tolls and other charges for the use

of any of its port and terminal facilities so as to provide funds at least sufficient,

with other funds available for such purposes (1) to pay the cost of maintaining, repairing

and operating such port and terminal facilities, including the administrative expenses

of the commission chargeable thereto, (2) to pay the bonds or other obligations issued

on account of such facilities and the interest thereon as the same become due and

payable, and (3) to provide reserves for such purposes, and to pledge such funds,

over and above such costs of maintenance, repair and operation, to the payment of

such bonds or other obligations and the interest thereon. (t) To petition the Interstate Commerce Commission, any public service or public utilities

commission, or any other Federal, State or local authority, whether administrative,

judicial or legislative, for the adoption and execution of any physical improvement,

change in method, rate of transportation, system of handling freight, warehousing,

docking, lightering or transfer of freight, which, in the opinion of the commission,

may be designed to improve or facilitate the movement or handling of commerce within

the district or improve the terminal or transportation facilities therein. As used in this agreement the term “port and terminal facilities” shall mean and shall

include, without intending thereby to limit the definition of such term, any one or

more of the following or any combination thereof: (1) every kind of terminal or storage structure or facility now in use or hereafter

designed for use in the handling, storage, loading or unloading of freight or passengers

at steamship, railroad or motor terminals or airports, and every kind of transportation

facility now in use or hereafter designed for use in connection therewith; and (2) all real and personal property and all works, buildings, structures, equipment,

machinery, appliances and appurtenances necessary or convenient for the proper construction,

equipment, maintenance and operation of such facility or facilities or any one or

more of them. Notwithstanding any other provision of this agreement or any provision of law, State

or Federal, to the contrary, the commission may combine for financing purposes any

port and terminal facility or facilities constructed or acquired by it under the provisions

of this agreement with any bridge or bridges heretofore or hereafter constructed or

acquired by the commission, subject to any limitations contained in any trust indenture

securing bonds of the commission at the time outstanding. The powers herein granted to the commission with reference to port and terminal facilities

shall supersede the right to exercise any such powers within the district, as defined

in paragraph (e) of Article I of this agreement, 2 by any other body which has been heretofore created by compact or agreement between

the Commonwealth of Pennsylvania and the State of New Jersey. Nothing contained in any other of the provisions of this compact or agreement shall

be deemed or construed to amend, modify or repeal any of the powers, rights or duties

conferred by, or limitations or restrictions expressed in, Article X of this compact

or agreement, or any of the provisions of said Article X relating to a bridge to be

constructed, operated and maintained by the Pennsylvania Turnpike Commission or the

New Jersey Turnpike Authority, acting alone or in conjunction with each other. Notwithstanding the above, each state reserves the right to provide by law for the

exercise of a veto power by the Governor of that state over any action of any commissioner

from that state at any time within 10 days (Saturdays, Sundays and public holidays

in the particular state excepted) after receipt at the Governor's office of a certified

copy of the minutes of the meeting at which such vote was taken. Each state may provide by law for the manner of delivery of such minutes, and for

notification of the action thereon. 1

N.J.S.A. § 32:8-11. 2

N.J.S.A. § 32:8-2.