Loading...
HomeMy WebLinkAboutORD 3-Lugsikwl ENT ITJZD AN ORDINUICE C47ATING TBE PORT -CallaMSICN OF THE CITY OF BEAUIENT, TEIM., AND PRESCRIBING ITS JURISDICTION; PROVIDING FOR. TIE APPOINTMENT, QUA.LIFICATION AND TEME OF. OFFICE OF THE HMRrZ THEROF: DEFINING THE P5VIRS, DUTIES AND AUTHORITY OF SAID COXIISSION; PROVIDING FOR APPEAL FROM TIM, AC!:S AND DECISIONS OF SAID COMMSION; PROVIDING FOR RECOW2TDATI%M TO BE RUE BY SAID CMN !ON AS TO FRANCHISES 0AMD3Y THE CITY :OF BEAU-'WITHINJ THE TER- RITORIAL LUrIS OF SAID COAMBSIONSS JURISDICTION; EX ''T_ ING THE CITY .OF' BEAIMW FRM LIABILITY. FOR LOSS =OR DULkGE TO CARGOES AMID r, Mi I(ZT STORED5 LOADED AND UNLOADED AT THE MMICIPAL D(OGMS AND WHARVES; PROVIDING FOR A PORT DIRECTOR' TO ACT AS THE AMUNISTRATIVE oFr.icER OF' .TRE PORT CMDUSSION., SAID DIRECTOR IS CM.ErMATION, ACTIVITIES. AND AUTHORITY;. DEFINING AND FIXING WAUWNT THE, LIMITS OF i THE HARBOR AND PORT OF,, TflB WE -40 MMR LINES OF A PORTION OF BRAKE'S BAYOU; PROHIBITING' ANY KIND OF CONSTRUCTION., DREDGINGp DRIVING., PILING OR OTM11R OBSTRUCTION IN THE. WATERS OR ON THE, BUW WITHIN SAID HARBOR LIMITS WITHOUT PEWIT., PRESCRIBING PROCEDURE MR OBTA.INING SUCH EERMITS AND REQUIPMnTS THERE, FOR pRC,. SCRIBING REGULATIONS AS TO COLLISIONS .AND AS TO BE B-41SING OF SUN S' VESSEIS; PRESCRIBING MLUZIES FOR LOT CWLYING THEM11ITH AND LIM XFOR COLLECTION THEREOF; PRESCRIBING RE- GUIATIONS FOR ANCHOrlING OBSTRUCTING WHARVES AND DOCKS AND THEIR FACILITTIES, REMOVAL OF OBSTRUCTION THEREFROL4; PRO- HIBITTING AND REGU-TATING DEXOSITINIG Or REFusE., Emil mATER- IAIS., OIL AND PETROLEUM PRODUCTS,, INFLAMMABLES, CMUSTIBLES AND OT_W EXpLOSIVES� SUBSTANCES EXCEPT LUBRICATING OIL ON THE VPHARIX S., DOCS AND OTHER FACILITIES OR IN. - THE WATERS. OF THE PORT OF MAUI" PI; PROHIBITING SMZING'AND CARRYING OPEN LIMP -S THEREONT., TALU�ERJNG WITH OR RMLING FIRE FIGHTING AP_ PlaNCES; REWIRING AM REGJIATING REMOVAL OF PERISH&BLE CARGO; REQUIRING AN AUTHORIZED OFFICER OR EMPLOYEE ON VESSELS BERTFXD AT DOCK FACILITIES;.PROHIBITING INTERFERENCE WITH OR aW_&GING ANY BUOY,. FLOAT, LIFE PRESERVER., SIGN, NOTICE,, APRON., WAREHOUSE OR ANY PORT PROPERTY; PRESCRIBING MOORING REQUJITIONSp REQUIRING CLEANLINESS AND CLEARING UP -OF'ASSIGN- MMS A1J=4D TO VESSELS; PROHIBITING PERSONS FROM ENTERING UPON �4W' PROPERTY WITIHOLrL THE 001=f OF THE OFFICER IN CHARGE THEREOF; PRESCRIBJNGPENALTIES. FOR VIOLATION Or, OR NON_ C0NP,LL4NCE WITH TEL' PROVISIONS OF, THIS, ORDINANCE; PROVIDING ANY INVALID PORTION OF, THIS ORDINANCE WILL. NOT - INVALIDATE BE - 113MING PORTIMTs., REPEALING ALL ORDIMNCES AND PARTS, OF ORDINANCES CONFLICTING WIT -1i THE PROVISIONS OF THIS ORDINANCE) AND DECLARING AN WE-R(ZN0T6 BE IT ORDAINED BY THE CITY CWAISSION Or THE, CITY 07 BEAUMONT: M019—N.. Or, COMOSS 10tiNP JURI -A SDICTICN SMDA-1- There is hereby created the Port Commission of the City of.Beaumont,, Texas,, and subject to the supervisorj control of , the City. Comis.sion of Beaumont, is given -juris- diction over and within the territorial limits of,. the Fort and hereinafter fixed and esta . blished , rd .said Commisdi- -_ ­­ hereby -Harbor of Beaumont, as have and exercis'e__­th'e­_ -,a on is hereby invested with and'shall power and authority or regulation ..o£ navigation,, whargage., wharfage rates, and of all public texulmis and shipping facilit3les, conveniences and aids to navigation or wharfage within said 'territory not inconsistent with the laws of the United' Statesp the State of Texas and hhe Constitirtion of said State',, whether municipaI3,y owned and operated or owned and operated for public use by individuals, corporations, lessees or the receivers thereof: APPOINTMENT, QUALIFICATION AND TEFXS OF COMMISSION MEIMERS Section 2. --The Port Commission shall consist of the Mayor and City Commissioners of the City- of Beaumont, together with four non -office holding resident and qualified property taxpaying voters of said City, who shall be -selected and appointed by the -Mayor and confirmed by the City Commission; and all of said members shall serve without compensation. Each of said appointees shall, within 15 days after his appointment' qualify by filing with the City Clerk of the City of Beaumont his oath of office, and upon failure so too do, such appoint- ment shall be void and another appointment be made in lieu thereof. The members of the pre- sent Port Commission shall cobtinue to serve as members of The Port Commission until their successors are appointed and qualify. The Mayor and City Commissioners, by virtue of their respective otWicee, shall be members of the Port Commission for and during tenure of their offices. The other four members of The Commission shall serve as such for the terra of two said yea7m--frbm and after their respective appointments and qualifications# two of said members to be app ted alter- nately every two years upon the expiration of the terms of the present non-offic -holding members of said Commission. ORGANIZATION, OFFICERS, POWERS AND DUTIES Chairman and Vice -Chairman SECTION 3.--(1). The Mayor of the City of Beaumont shall be the Chairman of the Porte, Commission. Said Commission shall elect a Vice -Chairman from among the four non-offi�s- holding members of the Commission. The Chairman shall preside at all meetings of_,the'I,Eommis- sion and shall have the right, to vote upon all questions coming before the Commission.', '\In the absence of the Chairman, the Vice -Chairman shall preside over all meetings and shall' have the same power and authority as the Chairman. �. SECRETARY L \� i 1 1 1 (2) The City Clerk of the City of Beaumont shall be the Secretary of the Caen-� � mission, and it shall be his duty to keep a complete record of all proceedings of the Portt Commission. Ile ;shall perform such other duties as may be prescribed -by the Commission or by the Ordinances of the City. I (3) The Port Commission shall Apoint a Port Director and determine or fix his`J compensation, said director to act as the administrative officer of the port commission. ti Subject to the control and supervision of the Port Commission, said Port Director shall have authority over the Port and Harbor of Beaumont, its administration, operation, personnel and employees, the enforcement of rules and regulations established by said Ccmmission, as well as the provisions of all operation and administration thereof, and except as to the offices created by this Ordinance, he shall have the power to employ, suspend and discharge such assistants, clerical help, as well as common labor, as maybe necessary from time to time, and the establishment of any rules or regulations termed as emergency, as may be necessary from time to time, for the efficient and proper operation and administration of said Harbor and Port and its facilities and the promotion of commerce, industry and navigation. Nothing in this ordinance shall be construed to prohibit or limit the power of the Port Commission of the City of Beaumont to enter into written contracts with its employees for personal services to be rendered upon such terms and for such duration as it may deem fitting and proper. Provided, however, that all such contracts must be first submitted to The City Commissibn of the City of Beaumont and by it expressly approved and authorized. It is further provided, however, the present Port Director�,s contract with the City of Beeimont continue and remain in full force. MEETINGS OF COI:MSSION AIM, BY-LAWS (4). The Port Commission shall hold its meetings for the transaction of official business in the City Hall of the City of Beaumont at least once each month, or at such times as it shall determine, all of which meetings shall the open to the public, unless, by a major- ity vote, the Cammission shall decide to hold an executive meeting. The Commission may hold such times as may be fixed therefor upon call of the -Chairman. A quorum for the valid transaction of business shall consist of not less than four members of the Commission, including the Chairman thereof, and said Commission shall have the power to make and adopt such by-laws and rules governing its members and the transaction of its business as may not be inconsistent with the provisions of the Charter and. Ordinances of the City of -Beaumont. POPH;RS OF PORT COIMSSION SECTION 4. --In addition to the jurisdiction heroin conferred, the Port Ccmmission shall have and exercise the following power and authoritya CONSTRUCT AND OV�l FACILITIES SECTION 47(A)' The Port Commission shall have the power and authority to build, extend, im- prove, lease and operate wharves, docks, warehouses, grain elevators, railroad terminals and any other public shipping facility an.the Port of -Beaumont. TARIFFS, BATES AND - "CHARGES ' (1) -The Port•Commission shall have the power and authority to compile and adopt tariffs fixing the rates and charges which prevail and to be charged -within the territorial limits of its jurisdication for the use of all docks, wharves, elevators, loading and unload- ing facilities and all other facilities and utilities, whether operated by,the,municipality or by provate.persons, corporations, lessees or their recivers.when used by the piblic in general, and can- regal.ate charges for all services and facilities of the , character\ furnished by the city. REGULATIONS (2). -.-Within the "t. rritorial limits under its jurisdiction, the Port .Commis. have full and complete power of regulation of navigation, of shipping -facilities -and navigation or wharfage; and to make and enforce such rules and regulations as it may,., necessary and proper for the control, management, administration and maintenance of t pal docks -and wharves, as well as tha Port and Harbor of Beaumont in general,. The C< isnot a common carrier, and is sole -interpreter. of its tariff 'ral'b,s and regulations.. o:� otherwise. y LICENSES AND FRANCHISES shall to munici- (3).. The Port Commission., upon -due. application and investigation, shall have the power to grant licenses or -permits to, and .to .fax the fees to be paid therefor by 'anyf person corporation, lessee;.or-receiver thereof, operating or maintaining, or to operate or maintain, within the territorial jurisdiction of the;. Port Commission any ferry, dock, wharf, la��ding, warehouse, elevator) terminal railway, -or other utility or terminal facity, and any i$nprovement ;or other business of any charact r connected therewith; all such licenses to be issueK'l for per-. iods of one year, or,'longer at, the discretion of the' Commission. All applications to the City Commission. -for`franchises to be effective -within the territorial limits under the jurisdiction of the Port Commission as herein defined and 'faxed, shall be referred by the Commission to said Port Commission for consideration and rec',mmenda- tions before the granting thereof..,The PorttCommission.shall thereupon make and ret its recommendations to,the City Commission thereon within a'period,of not.over thirty day rom - and after the date of submission 'of.' 'such application for franchise -to it. (4). The Port'Commission shall` have the Power to' investigate all complainst "made',: against any service.rendered_,:or rates.,fees or charges imposed by any person, corporations lessee..or their respective receive'rs', operating any ferries, landings, docks, elevators., rail'`'., way terminals or any other'publie terminal facilities.and/or utilities and adjust the: same, as well as the power to inspect all such facilities and utilities and enforce compliancewith all -the laws and ordinances of .the City of Beaumont applicable thereto, and Frith the teand con-= 'ditions of the franchises or permits under which same are operating. The Port Commission shall have the further power ,to make.,, or cause to -be` mad';, when- ever` :necessary, `such .investigation 'as it may deem proper into 'the affairs .of . a iy iters n;- 'cor- poration, lessee,or receiver thereof maintaining and/or operating ferries, landing ,.icocks;, elevators, warehouses, railway terminals and all other -public terminal facilities.a ' utilities within its territorial jurisdiction as well as the rates and charges fixed and toll c ed by them for services. �: The Port Commission shall have the further pourer to enf-loVer cause to -be� when- ever necessary all Ordinances of the --City of Beaumont appertaining to or in any mann�ffectinE the -operation of the Port and Harbor of Beaumont, as -well as the provisions of,the Laws�,,`of the State of Texas and of the United States insofar as such laws may invest the City of-BeaWnont with jurisdiction. i TERRITORIAL LIMITS OF PORT AND HARBOR HARBOR LIMITS 1' SECTION 5. (1) The limits and extent_ of the harbor of the -Port of Beaumont, are hereby fixed within the following boundaries All of the waters from bank to bank of the Neches River from the mouth of old river at the upper end of'Smith's Island northwardly up said river to the point on said river �- north of the"City of Beaumont known.and called Collier's Ferry, at the Beaumont Country -Club. PORT LIMITS (2) The limits and extent of the Port of Beaumont are hereby fixed within the following boundaries: That the boundary limits of the City of Beaumont are hereby extended by and under the authority of and for the purposes named in Article 1183, et, seq., revised Statutes of Texas, 1925, so that said boundary limits shall hereafter include-vi.thin the limits�of the City of Beaumont for the limited purposes set forth in said statutes, all of the waters of the Neches River and all of the land lying on both sides thereof for a distance of 2560,[Feet,in. an easterly and westerly direction from the thread of said river; from the mouth of {old, ver at the upper. end of Smith's Island, up said river to the point north of 'the City of beaurlont ��- known, and called Collier's Ferry, at the Beaumont Country Club. BASE AND HARBOR I-INES ON BRAKE IS BAYOU SECTION 6. ---The base lines and habbor lines of Brake's Bayou from its junction wit\ the Ne.0,hes River in a general northerly direction to a point at the east end of Magaziie Streit are he'�pby established and fixed as follows: The base line on the southwest side of said portion of Brake's Ba',u1`g_ \' from a point on the South side of Magazine Street near its intersection with Trav,.91treet. runs southeasterly to a point opposite the mouth of Brake's Bayou, the harbor line,;On.the southwest side of Brake's Bayou runs fifty (50) feet northeast of and parallel with`,�aid 11ne. ' The Harbor line on the northeast side of Brake t,s :Bayou beginning .at a point. (�j�osito .,4agazine Street runs parallel with and two hundred (200)'feet northeast of the soutli�6t Harbor line above mentioned, leaving a tsro hundred (200) foot channel and. the northea:st�pbor line, and runs to the mouth'of said Bayou, all of which is shown and marked on blue pl�int',n_ titled or marked, "Proposed Harbor'Line of Brake's Bayou from the Neches.River NorthwaA,". Dated January 8, 1923, attached to this ordinance and made a part hereof: c RECD PTS' DIQSBURSE IEf3TS AND REPORTS SECTION 7. --All monies.and revenues, derived from the operation of the municipal docks terminals and.terminal facilities, leases of lands within the limits of •thc Harbor ands Port of Beaumont, or derived from any other sourcewhatever by said Port C'omnision, sj be -deposited with the Director of Finance to the credit of the Port Commission, or anyr proper account stipulated by the Commission, and disbursements therefrom shall be made'' only for the purposes permitted by the provisions of the Charter of the City of Beatinorzt. 4 ' The Port Commission shall submit to the City Commission, monthly, a `written report containing complete statements of the operations of said Port. and Harbor., and the acts and doings of the Comrxission, during the preceding month, toget�ier with an itemized statement of all revenues collected and from what source collected,hand of all'dis- bursements made or ordered during the same period. ` ly `, V APPEAL FROM PORT COITTISSION � SECTION 8. --Should any person, firm or corporation feel aggrieved by the action of the Fort Commission, or of any of its officers or emplpyeea under the powers herein coni erred, they shall have the right to appeal to the City Commission for a re-hearing.hereon, such ap-peal to be prosecuted by theparty feeling aggrieved filing with the City Clerk"a protest aga:�nst the action complained of, which shall specify the grounds thereof, and, shall be accomparitaed with such documents and other data as may be necessary for a proper -understanding of they mattes by the City Commission, and also with the petitition to the commission for such re -hearing. UJ pn--L_filing with the Clerk the protest and other matters mentioned in: the preceding section, and upon consideration thereof by the City Commission, the City Cavi gsion may order such re-hearing.of the matters therein contained at its discretion, and if ordered, shall fix the time therefor and notify the complaining party of such setting, and shall pass upon such protest after hearing the parties, their evidence, etc., and shall thereupon take such action as it sees proper. At such hearing, the City Commission shall have all'o4,1"! , ;the authority to proceed in such manner and method as it sees fit. LIMITATION OF LIABILITY OF C014NISSION 1 SECTION 9. --Weller the Port Commission nor the City of Beaumont shall be liable for or in any manner subject.to any liability for loss or damage to any cargo or freight of any character handled, loaded or unloaded at any of the public wharves or other terminal facilities, -in- eluding warehouses, sheds or other structures, by fire, leakage, or discharge of water from fire sprinkler p-r,':section system or fluid from fire extinguishers, the collapse of buildings, traffic accidents resulting from the movements of vehicles, cars, handtrucks, or any other devices and appliances used in the transportation and - handling of such freight . and cargo., arising from axV such causes, or for ax{y delay, loss or damage arising from combinations or strikes of arty persons in the employ of the Commission or in the service of other, or due to any other cause, nor for any consequences therefrom. Steamship companies raving freight on the wharves or in warehouse or other struct- ures, or the consignor or consignee thereof are hereby required to make their own arrange- ments for proper watchman service. RLGULATI Iz BUILDING AND DREDGING WITHIN PORT LIMITS: SECTION 10 (1) --It shall be unlawful for any person, firm or corporation to build or attempt to build, construct, repair or alter ary bridge, viaduct, wharf, dock, pier, or aa}y other structure of any character, including the repair, laying or construction of submarine cables and pipe lines across the Neches River below or on the bed of same, or do axV dredging, remove any sand, earth or other material, or drive ary piling or to do aEy under -water or other character of construction or pepairs along the banks or in or across the Neches River or Brake's Beyou within the limits of the Port of Beaumont as above defined, without first filing a written application and obtaining permit therefor from the Port Commission of the City of Beaumont. Application for such permit shall be filed by the person, firm or corporation desiring to do such work, with the Port Director, and shall be in writing and accompanied by the pians and specifications of the proposed work or construction desired to be permitted. The Port Commission shall within a period of not more than thirty (30) days after the filing of such application, plans, etc., give due consideration to the same, and make a thorough investigation thereof and of the proposed structure, improvement, or work de- sired thereunder, and if in the judgment of said Commission the proposed structure, improve- ment, or work, will not impede, obstruct or interfere with navigation within the Port limits or injuriously affect the public interest and welfare therein, such permit shall be granted but otherwise the sane shall be refused, provided that no permit shall be granted for arV structure or improvement in, along, or across Brake's Bayou within the above defined base and harbor lines thereof which does not permit free navigation of a two hundred (200) foot channel therein unobstructed by ary such improvement work. .. COLLISIONS: SECTION 10 (2) --In the event of collision between vessels; or between vessels and aray wharf or other structure, an immediate report shall be made to the Port Commission, which report shall be in writing and shall state the time and place of such collision or accident, and all the particulars thereof, and such report shall be made bo"eh try the owner, agent or person in charge of such vessel and also by the employee of the Port Commission superin- tending such dock. In the event sir"I-in,g of a vessel shall result therefrom or in the event a vessel shall sink from arq oilier cause, and the postcon of such vessel is such as to be any obstruction to navigation of late vra.ters within the jurisdiction of the Port Commission of Beaumont: the Commission shall give notice to the ovrner, master, agent or other person having charge of such vessel, dequir,ing him to raise and remove 'Uie' same within fifteen (15) days from and after receipt of such notice, under penalty of One Hundred Dollars ($100.00) per day for each and every day such vessel ma:y remain u move, and continue to constitute an obstruction to navigation. FAIL,E TO RAISE AND ' REMOVE VESSELS: SECTIM 10 (3) --In the event of failure or refusal on the part of the owner, master, or agent, or other person having, charge of such vessel as mentioned in the next preceding section to raise and remove the same as required.in the notice served upon them as above provided for, it shall be the duty of the Port Commission ,to raise -and remove the same or have raised or removed at the expense of said ovrner, master, agent or other person having charge of such vessel, and said vessel and cargo thereof shall be subject to a lien therefor and may be held by the Port Commis ion until all the costs, expenses and penalties attendant upon raising and removing the same shall have been fully paid. After the raising and removing of. such vessel with its cargo, if ary, the Com- mission shall give written notice thereof to the owner, master, agent or other person having charge thereof of such fact and include therein statement of all costs, expenses, charges and penalties due, and Whir, notice shall state that unless such amount is paid in full with- in ten (10) days from and after receipt of said notice, the Coamaission shall proceed to libel such vessel and oafgo for the purpose of foreclosing its lien and collection of the amount due from the proceedo of the sale of said property, and in the event the total amount of costs, charges, expenses and penalties is not paid within such period of tear (10) days, it shall be the duty of the Port Commission to take oa� have taken the necessary proceedings to collect the same. PEMAL-PROVISIONS SEG` 10-19 _11 --It shall be luaaviful- for the master, oyrner or agent of any vessel within the HarborL Limits of the Harbor of Beaumant, or for any other person or persons AR2h2r:h_I_K-- SECTION 11 W_ -To anchor, -Twor, place or in arise leave within the Harbor limits of the Port of Beaumont, or in the turning basin, or channel, or "within any of the waters within the limits thereof,,. any vessel., skiff., barge, house boat,, raft., or 'other water. craft whatsoever, in axW manner as that the same will obstruct the free navigation of such via ters, and in no event without a vaitten peariait from the Fort Commission of the Cit7 of Beaumont. Oi'n?CISS & WHAR U S SEQUON 11 M" -To place or permit to be placed and remain upon aAy of the dock and Wharf premises of the City of Beaumcont,, including warehouses and other structures., 4MY' object, material or thing of any 0_iiaracter which is not part of the cargo., or any st'eve- dore tools or other tools appljEI)J_IcesIP equipment., engines, screens, or any other material or object Other than cargo oil a vessel. Amy and all such objects, materials, or things herein Prohibited shall be remved.within twenty-four (24) hours after notice so to do by the Port'Comission, or arqone under its authority,,failing to do which shall incur in favor of the Port Cco-mission and against the oyrner or person in control of such objectq materials or things, a pena-lity of twenty-five dollars ($25,00) per day for each day the same is unlawfully pernfi.tutubd to remain upoii such wharf or premises, and'the -Port Commission shall'have the pcwier and auth6rity to remove tile same or cause the same to be removed and stored at the cost or expense of the-aemer or person an coarib'rol thereof and if such amouirt, is not -paid within fifteen (15) days from and of notice by the Port COMM-1183iamount on of the amotheTc-'Ofo the Port Commission shall proceed to cause said property to be sold and the proceeds -applied to the payment of such expenses, etc., in addition to the pemity 11'erein incurred for the violation hereof. k R!atuse. and Viaste MAJeria.1s: SECTION11 (C) --T-o thrown; discharge or deposit or permit to be thrown, discha:cgedfIlor deposited from or out of a-'� vessel, shipo barge or other water craft of aw kWr, or from the shore, Wharf, manvfactu:ring establishment.. Mill., plant or other structure of air chai-acter into the uraters of the Harbor of Beaumont, or upon the shores or banks thereof, or upon the Wharves or docks of said Harbor., where -the same may be washed or forced into such viaters., a3zy, refuse, rubbish or umd'violesome or delayed matter of aiV kind., or a*gy vroste substances or material, or to permit awj materials of any kind to go into the writers of such Harbor V U1 constitute te an i . miediment or danger to ,, that �zo d cop titut navigation, or a menace to health. - Nothing herein shall be construed to prohibit the construction of public works or operations by the Port 06m scion of the City of Beaumont. QJUuL �,ta.�In T Mellja�ter: SEPLI—ON11 (D)Todeposit Or Cause Or pewit to be deposited, throym, discharged or to escape into the watery of the Plarbor of Beaumont an inflammable liquid,, petroleum,, petroleum products, coal tar, or aTq Other carbenaceous materials or substance., pro- duct or compound thereot,, or bilge water or aRr other element, containing any of said materials or substances.. Ey­plosi' - Combustibles_and., Inflambles: SECS (E) -'-To handle or store explosives of any kind or character, or gaboline, distillant,, or other liquid petroleum products,, or inflammable liquids or substances," except lubricating oil, or rwny confoustible materials or any materials classed as extra a hazardous under standard fire ins-u-pance policies of the &�Ejto of Texas., upon any of. the wharves or in any of the warehouses, docks or other of the Port of Beaumont, or at any place. within- the limits thereof, except at such localities and under such rules and regulations as are or my be designated by ordinances of the City of Beaumont or by the Port.Commission thereof, and then only when permitted in writing so to do by the Port Commission of the City of BeaumoiA; provided., however., ,that no permit shall be issued for aW of such materials to remain over. -night on any, Port properties or facilities unless on condition that the sam'e as covered with tarpaulins or other more per-monhent or substantial material, and provided further that at such localities as may be pemitted by the Fort Commission that all of such materiSI6 shall not be handled except batieen sunrise and sunset. SECT ION" ll M-40 smoke,. carry or be in possession of ma -aches, lighted pipes, cigars, or cigarettes, or to carry or use portable open lights in and upon any of the public wharves., warehouses and other st!'Uctu-res Witiln the Harbor limits of th�- Port or Beaumont, or upon premises adjoining the same. Fare Egirt `ushers and Pivtective-ARplim-ices. SEGTIM- 11 (G)__To tamper,, interfered- wilth or obstruct airy f3re'extinguishers fire U hose,, ?hydrant or amy other .fi-re fighting appliance,-, or the free -passage and easy access thereto, or except in case or fire to remove or in any manner disturb the same from their locations. Perishable Cargo.. SEMIA-111-11 (H)__ To permit ashy perishable cargo of arty character to remain on the" '­. - Wharves or in'a.W viarehouse within the limits of the Port of Beaumont for arW period of tim, in excess of that allaued under the rules and regulations of. the Port Com- mission thereof,, or for a,-qW period of time vihen such perishable cargo or material hay so deteriorated: decayed or become so unvholesome ast to be a menace or nui ' sance,,,.or�_to refuse ©r fail to remove the saw- immediately after being notified so to do by, the Fort Commission. of the City of Beaumont. In addition to the penalty hereinabter pro-. .vided for disobedience- hereof, .if such perishable cadrgo' is not removed immediately,. after receipt of such notice the Port Commission may have the. same remoVe'd "and disposed of at the cost and expense of the miner, agent or other persons.in control of such vesse-ior cargo® Officer, in _gbgrpe of Yesgel _-ZELTLON, 11- (1) To cause or pe? --.mit any vessel berthed or docked at arty dock facilities of the "Port, of Eeaumont to mmairz. so docked without having or, board at all" tures an Off-4-cer or other person having sufficient authority to take $uch.action as MY be red quired or necessary with respect to such vessel in case, of axV emergenTj or such nec- essity arising, or to refuse or fail to have special watchmen placed in charge of arg. cargo placed upon the Wharves or other facilities of the Port, of Beaumont when 'required so to d.p by the Port Commission -thereof. D SECTI(IN ll (J) To wilfully., intentionally, or carelessly destrey, damage., disturb,, deface or interfere with -aV buoy, float., life preserver, sign, notice, apron, whare- house,, - Wharf or appurtenance thereto, or arW property watsoever, undeS the jurisdiction o£thePort Comilssion of the City l'of Beaumont -9in addition to the penalty prescribed for the violation hereof,, the expense or repairing said damage or preplacing any of such property shall be ch-arge-d by the Port Commission against the person or vessel. 1e- sponsible thexeior. MoorM* Regulations: SECTION 11 (K) __To fail to co mi� 3,y with the follming mooring regulations Which are hereby established: (1) No rope or line shall be maide fast to a2y municipal dock or wharf.,. shed., traces or t1he Pili-og supporting the saw, nor to fender piles, but shall be made fast to mooring. piles, bitts or, d-ayils-1-Sih-Aished (2) No d of phin. shall be used at -the router end of avV wharf to break or warp aroa,, or tum or swing axq vessel at any wharf with, the stem of such vessel against Ithe whaiff. (3) No vessel or t* 1�1 any" L n YVF1 er 01-Ift shall a t , unicipal dock or wharf, or anchor adjoinLng sam- in such manner as to obstructe free access of an or pre -vent th y vessel t er' the juris'diction sel to or from arjy berth und of the Port Camiesion Of ­tlhe City of'Bea-'amnt. _(4) should a vessel elect to VIOrk overtime or on holidays the vessel Occupying a berth and zlot, %,vorking shall give way at the expence of the ...Vessel accommodated, ,."(5) When it becomes necessary in order to expedite the business of the port facilities, a vessel Y.V. be moved at the e_xpende_ of the vessel accommodated, provided due notice to move shall have first been given ,.to the master or -person in charge of couch vessel and the ormer and ves set shall be liable for all damages that may arise 'therety. (6) Ho person shall make fast -any vessel to arV public Wharf or mooring facilities e--tappt 'with such lines and ins, .such manner as may be prescribed by the Port Commission. Cleanliness: SECTION 11 (L) --To fail to clean up and keep clean their assignments, i4ioluding space in transit sheds 4he:ve caro is concentrated,, and v.;harf apron over which cargo is -trucked to ship's tackle. Cleaning up will be performed wider -the supervision of the Port Commission which will direct the disposal of all refuse. Upon failure to clean zip such premises within a- reasomble time after sail iAg of vessel, such agents or operators in addition to bei -ng subject to the penalty hereinafter prescribed in Section 12 hereof, shall pay to 'the Port Commission upon bill rendered therefor, all costs aY4 expenses of cleaning ip such premises, which will be done by the Commis- sion qpon, such failize. % EnteLknF , Property: SE UNOW-11- (W) -T o ester upon imcto arg property or building- UA-2der the supervision or Control of the -Port CcurumAssion Of the City of Beaumont, without the conse-nt of the officer or agent of said Gcmiission, in eh,;irge thereof, uiaess such entry be made for the purpose of transacting bvs:1ness pez-taining to matters whereof said Port Commission has Jua-isdict-ion. Le -M 1i 0s_ SE9T__1gk_T12 -The vilation of or non-compliance vi-ith any of the *Provisions of the fore- going' seetions or sub-3ections of this ordimnee shall constitute a misdemeanor and , shall subject the offender upon 'conviction in Corporation Gourt of the city of Beaumont to v, Sine of not less theca One Dollar ($1.00) nor more than One Hm--ldred Dollars ($100.00) for, each such viol ation ox, nan-compliance, and each d%, -Is violation or non-oom-pliance._shall be a separate -offense, P----Wided that there is excepted from this penal clause arty of- fense co .tied hereunder for 741Ach the United States or -che State of Texas has prescribed a different pemlV. q-M1-7-Mcin—st SECTION aw sectic,)n, sub -section or portion of this ordinance shah for arty reason be held Invalid,, the same bhall not affect the rermqiuing portions, of this ordinance, but 2M remin:Lng portions hereof shaU be valid and effective, and it is declared by the Citar CopmissioL) of . the City of Beaumont that all such other provisions vrould have been em- ated a•eg--a of invalidiV of such portion so affected. SEQUON 14 --All ordinance I a and parts ot o:cdinanoes of the Oity of Beaumont I I -n conflict. hererwi.th are hereby o:press3,y repealed. . ane EgencsL Clause SECTIO14 15�The fact- that the present ordinances of the Cit, of Beaumont are in- adequate with reference�,-to defining the Port and Harbor limits of -the Port of Beaumont, a and with reference to prescribiln-'T rules and regulation,-, Poi the anchoring and mooring of ;Faad the deposit.-itng. of lnfamm- ble s-abstances in and around the Wharves and docks of the Pori, of Beaun. ont., and such inadequacy serious endangers endangers publile property and public safety, and the fact of the rapid growth and expansion of ,the Port of Beaumont, and the commerce passing throug�i the same., without adequate laws,, rules and regulations governing the same, or being necessary to immediately extend said limits for the proper development and e,rpansion of said Port of Beaumont., creates an imperative public emer- gency., necessitating the Suspension of the rull-rig requiring ordinances to be read on _;three seveml days before their lVin-Ell passage, Wherefore., said rule is hereby suspended, and this ordi.-manne shall becone effective from and after its passage and publication. PASSED by Vae affirmative vote "of all members of the City Commis- sion of the City of Beaumont, Texas, this 17t1L_ day of dune, 1936.' /sP. D. Renfro Mayw� 1 f 1936 PORT ORDINANCE INDEX S P r -1,93 PREAMBLE SEC. I CREATION OF COMMISSION AND JURISDICTION SEC. 2. APPOINTMENT, ',IUAL I F I CATION , AND TERMS OF COMMISSION ifVIEMBERS SEC. 3 ORGANIZATION, OFFICERS, P21'JERS AND DUTIES I. CHAIRMAN AND VICE CHAIRMAN 2. SECRETARY 3. PORT DIRECTOR 4. MEETINGS OF COMMISSION AND By -LAWS SEC. 4 POWERS OF PORT COMMISSION SEC. 4-A CONSTRUCT AND OWN FACILITIES I. TARIFFS, PATES AND CHARGES 2. REGULATIONS 3, LICENSES AND FRANCHISES 4. INVESTIGATIONS, HEARINGS, COMPLAINTS SEC. 5. TERRITORIAL LIMITS OF PORT AND HARBOR 1. HARBOR LIMITS 2. PORT LIMITS SEC. 6 CASE AND HARBOR LINES OF CRAKES 6AYOU SEC. 7 RECEIPTS, DISBURSEMENTS AND REPORTS bEC. H APPEAL FROM FORT COMMISSION SEC. - 9 L_I .MI_TAT I_ON, 0 F..L I AB I L I TY OF COMMISSION IbEC. IO F�EGULATIONS 1. BUILDING AND DREDGING WITHIN PORT LIMITS 2. COLLISIONS 3. FAILURE TO RAISE AND REMOVE VESSELA SEC. 11 PENAL PROVISIONS A. ANCHORING B. OBSTRUCTIONS ON DOCKS AND WHARVES C. REFUSE AND WASTE MATERIAL D. OILS, ETC. IN THE,WATER E. LXPLOSIVES, COMBUSTIBLES AND INFLAMMABLES F. SMOKING AND LIGHTS G. FIRE EXTINGUISHERS AND PROTECTIVE APPLIANCES' H. PERISHABLE CARGO 1. OFFICER IN CHARGE OF VESSEL J. DAMAGING PROPERTY K. [MOORING REGULATIONS L. CLEANLINESS M. ENTERING PROPERTY - SEC--. 12 PENALT i ES EC: 13 SAVING CLAUSE SEC. 14 REPEALING CLAUSE SEC. 15 LMEP.GENCY CLAUSE 7' AN ORD 111i\f ICE EMT I TL ED AN ORDINANCE CREATING THE PORT CO;kiI-ISS ! ON OF THE CITY OF BEAUMON T , TEXAS, AND PRESCR 1 B I NC ITS JUP I SD I CT I jN ; PROVIDING FOR THE APPO 1 NT"70: KPL I F I C01019 AND TERMS OF OFFICE OF THE AEU FP.S THEA=_=OF: REFI N I NP THE 'POVERS, DU T I AND AUTHORITY OF SAID COAM ! SS I ON ; PROVIDING FOR APPEAL FROM THE ACTS AND DECISIONS OF SAID CO& I SS I ON ; PROV I D I N ; FOR RECO&ENDAT I ONS TO BE 5u DE BY SAIDCOMMISSION AS TO FRAN- CHISES RAN- CHISES GRANTED BY THE C 1 i Y OF BES :Ui'.'ON T I TH ! N THE TERRITORIAL LIMITS OF SAID CO?1 M I SS I DN' S JUP I SD I CT 13N ; EXEwPT I EVIG THE CITY OF BEAUI± JNT FROM L I t& L I TY FOR LOSS OR D '.i! PGE TO CARGOES AND FREIGHT STORED, LOADED AND !JNLOADEO AT THE ht UIN I C I DAL DOCKS AND YAARVES ; PROVIDING FOR ; PORT DIRECTOR TO ACT AS THE AD- MINISTRATIVE D- MINISTRA TI'SIE OFFICER OF THE PORT COMM I SS I 'DN , Sri I L DIRECTOR'S COMPENSATION, ACTIVITIES kND AUTHORITY; DEFINING AND FIXING THE LIMITS OF THE HARBOR AND PORT nF DE01INT, THE BASE AND HARBOR LINES OF A PORTIGN CF 3RPKE'S 159YOU; PROH131TING PNY KIND OF CONSTRUCTION, D :EDC I NG, DRIVING PILING OR OTHER OB- STRUCT I OK IN THE &TERS ERS OR ON THE BANKS l ' I T i i I N SAID !'vRSORR LinIT6 V I THQU T PERA I T, PRESCRIBING PROCEDURE FOR OBTAINING SUCH PERMITS PND RLQU I REQ:.; EN T S T HUR,- FO ; PRESCRIBING REGULATIONS ,AS TO LOLL I S I CNS AND AS TO THE RAISING OF SUNKEN VESSELS; PRESCRIBING PENALTIES FOR NOT COMPLY I NG -i HER;EY I THH AND LIEN FOR COLLECTION THEREOF; PRESCRIBING RECULA T I ONS FOR ANCHORING, OB5 T RUCT I NC 4HARVES v ND DOCKS AND THEIR FAC I L I T I E.S , REWOVAL OF OBSTRUCTION THERE FRUM; PROH I P I T I NG AND RECULAT I NC DEPOSITING OF REFUSE, WASTE E uA,TEF: I ALS, OIL ARID PETROLEUM ROLEUM PRuDUCTS, 1NFL;=Am- MA,B LES, EXPLOSIVES, COMSU.S T I BLES AND OTHER SUBST,'- LACES EXCEPT LUBR.I CAT I NC OIL CN THE WHaRVES, DOCKS AND OTHER FACILITIES OR IN l THE ! WTEFS OF THE POET OF SE ,l.1:;Z; PROH 131 T I f, G ShCK I i ;C AND CARPY I NG OPEN L I C'HTS T H'EPEON , T,= WPEP, I NO 0TH OR. H;' PDL I NG FIRE F I ('.'r, T I i, G APDL I APCES; REQUIRING I'HD RE iULA T I !` C HEmOVAL OF PERISH- ABLE ERISH- ABLE ChRC'O; REC U I P ! NG AH PITH; R I TFD 0FFi CFS. QR `=NPLOYEE t'fJ VESSELS BEPTHE=.D AT DOCS; FACILITIES; PROHIBITING I NTERFER&CE V'I TH OR DAMAG I PJC ANY BUOY, FLOPT, LIFE PRES&VEP , SIGN, NOTICE, APROM, 1''YSEHOUSL OR ANY POET PRnpp R T Y PRL -_SCP I B I NG ROuR I NG RE- GUL , T I ONS , REQUIRING CLEANL I P!E-.SS jND C AR ; i• P UP OF ASS I Oh!WENTS ALLO T ED TO VESSELS; PROH I I T I NP PERSUNS FROM ENTERING UPON -MDRT PROPERTY WITHOUT THE CONS'S T OF THE OFFICER IN CHARGE T HEPEOF; PRESCRIBING PENALTIES FOR VIOLATION OF OR NON-COMPLIANCE PITH THE PROVISIONS OF THIS ORD ! PPNOE ; PROVIDING ANY I NVAL I D PORTION OF THIS OR.D I N `NCE t I LL NOT INVALIDATE RE ;IAIMING PORTIONS, REPEALING ALL ORDINANCES PIVD PARTS OF URD I N.PNCES CONFL I CT! INC W I TH THE PRO- VISIONS RO-- VISIONS OF THIS ORDINANCE, AND DECLARING AN EMERGENCY. BE IT ORDAINED P,Y THE. C I TY COMMISSION OF THE CITY CF BEA,UMONT: CREA T I CN OF CO: c:i I SS I Ol�.i AND JUR l `:D I CT! Of; SECTION _I THERE IS HEREPY CREATED TETE PORT COMMISSION OF THE CITY OF BEA.U- h"ONT, TEXAS, AND SUBJECT TO THE SUPERVISORY CONTROL OF THE CITY CO' MI SS I ON OF BEAUMOrT, IS GIVEN JURISCICTION OVER. AND WITHIN THE TERRITORIAL LI"ITS OF THE PORT AND HARBOR OF BEAUMONT, AS HEREINAFTER FIXED AND ESTABL!SFED, PND S00 CONN f SS I ON IS HE -ERY I NVESTEP -! TH AND SHALL PAVE PND EXERCISE THE POWER AND AUTHOR!TY OF RECULATfU1 OF NAV!CATIOP: nHAPFACE, YHAP.FAGE RATES, AMD OF ALL PUG! IC TERMIMPLS AND SHI 'FIND FACILITIES, COMV-NIFNCES AND AIDS TO NAVIOPTIOM OR WHARFAGE TI TH I N SAID TERR I TORY NOT INCONSISTENT YI TN THE LAYS OF TETE UNITED STATES, THE STATE OF TEXAS AND THE CONSTITUTION OF SAID STATE, WHETHER KUML CIPPLLY OWNED AND OPERATED OR OWNED AND OPERATED FOR PUBLIC USE BY INCIVIDUALS; CCPPORATIONS, LESSEES OR THE RECEIVERS THEREOF. I r APPO I NTIMENT, QUALIFICATION AND TERIMS OF CO[vljM i SS -1 ON M.E_i,i!BERS PAGE No. 2. SECTION _2,- THE PORT COMMISSION SHALL. CONSIST OF THE l'IAYOR AND CITY COMMISSIONERS OF THE CITY OF BEAUMONT, TOGETHER WITH FOUR. NON -OFFICE HOLDING RESIDENT AND QUALI- FIED PROPERTY TAXPAYING VOTERS OF SAID CITY, WHO SHALL. BE SELECTED AND APPOINTED BY THE MilAYOR AND CTI FI F!VED BY THE CITY COMNR I SS I ON; AND ALL OF SAID MEMBERS SHALL SERVE lIt'ITHOUT COMPENSATION. EACH OF SAID APPOINTEES SHALL, !AATHIN 15, DAYS AFTER HIS APPOINTMENT, QUALIFY BY FILING WITH THE CITY CLERK OF THE CITY OF BEAUMONT HIS OATH OF OFFICE, AND UPON FAILURE SO TO DO, SUCH APPOINTMENT SHALL BE VOID AND ANOTHER APPOINTMENT BE MADE IN LIEU THEREOF. THE MEMBERS OF THE PRESG'P!T PORT COMMISSION SHALL CONTINUE TO SERVE AS MEMBERS of THE PORT COMMISSION UNTIL THEIF! SUCCESSORS ARE APPOINTED AND QUALIFY. THE (MAYOR AND CITY COMMISSIONERS, BY VIRTUE OF THEIR RESPECTIVE OFFICES, SHALL BE MEMBERS OF THE PORT COMMISSION FOR. AND DURING TENURE OF THEIR OFFICES. THE OTHER FOUR MEMBERS OF THE COMMISSION SHALL SERVE AS SUCH FOR THE TERM OF TwO YEARS FROM AND AFTER THEIR RESPECTIVE APPOI NTI'lFHTS AND QUAL I FI CATI ONS, T1N0 OF SAID MEMBERS TO BE APPOINTED ALTERNATELY EVERY TWO YEARS UPON THE EXPIRATION OF THE TERMS OF THE PRESENT NODI -OFFICE -HOLDING MEMBERS OF SAID COPSNI1SSION. ORC`N I /`,TI GN, OFFICERS, POV!ERS AND DUTIES CHAIRMAN AND VICE-CHA I RtlA.N SECTION j.-- (ITHE MAYOR OF THE CITY OF BEAUMONT SHALL BE THE CHAIRMAN OF 'T, HE PORT COMMISSION. SAID COMMISSION SHALL ELECT A VICE-GHA I RV,AN FP(DM AMONG THE FQUR NON -HOLDING MEMBERS OF THE COMMISSION. R A61 - MEETINGS THE CHAIRMAN F'P.iAN SHALL PRESIDE DE A I A.L, W MEETINGS OF THE COMMISSION AND SHALL HAVE THE RIGHT TO VOTE UPON ALL QUESTIONS 1COM- ING BEFORE THE COMMISSION. IN THE ABSENCE OF THE CHAIRMAN, THE VICE-CHAIRMAN SHALL PRESIDE OVER ALL MEETINGS AND SHALL HAVE THE SAME POWER AND AUTHORITY AS THE CHA I RP4AN . SECRETARY (2) THE CIT`{ CLERK OF THE CITY OF BEAUMONT SHALL BE THE SECRETARY OF THE COMMISSION, AND IT SHALL BE HIS DUTY TO KEEP A COMPLETE RECORD OF ALL PRO- CEEDINGS OF THE PORT CoMMIssION. HE SHALL PERFORM SUCH OTHER DUTIES AS MAY BE PRESCRIBED BY THE COMMISSION OR BY THE ORDINANCES OF THE CITY. � z PORT DIRECTOR (3) THE PORT COPIM I SS I CN SHALL. APPOINT A. POPT DIRECTOR AND DETERMINE OR FIX HIS COMPENSATION, SAID DIRECTOR TO ACT AS THE ADMINISTRATIVE OFFICER. OF THE PORT COMMISSION. SUBJECT TO THE CONTROL ARID SUPERVISION OF THE PORT COMMISSION, SAID PORT D I REC-M SHALL HAVE AUTHORITY OVER THE PORT AND HARBOR OF BEAUMONT, ITS ADMINISTRATION, OPERATION, PERSONNEL AND ENIPLOYEES, THE ENFORCEMENT OF RULES AND REGULATIONS ESTABLISHED BY SAID COMMISSION, AS l"JELL AS THE PROVISIONS OF ALL ORDINANCES ADOPTED BY THE CITY COMMISSION, AFFECTING SAID PORT AND HARBOR OR THE OPERATION AND ADMINISTRATION THEREOF, AND EXCEPT AS TO THE OFFICES CREATED BY THIS ORDINANCE, HE SHALT_ HAVE THE PO4-VER TO EMPLOY, SUSPEND AND DISCHARGE SUCH ASSISTANTS, CLERICAL HELP, AS h/ELL AS COMMON LABOR, AS MAY BE NECESSARYFROM TIME TO TIME, AND THE ESTABLISHMENT OF ANY RULES OR REGULATIONS TERMED AS EMERGENCY, AS MAY BE NECESSARY FROM TIME TO TIME, FOR THE EFFICIENT AND PROPER OPERATION AND ADMINISTRATION OF SAID HARBOR. AND PORT AND ITS FACILITIES AND THE PP.OtJOTION OF COMMERCE, INDUSTRY AND NAVIGATION. NOTHING IN THIS ORDINANCE SHALL BE CONSTRUED TO PROHIBIT OR LIMIT THE POWER OF THE PORT COMMISSION OF THE CI.T-Y OF BEAUMONT TO ENTER INTO WRITTEN CON- TRACTS WITH ITS EMPLOYEES FOR PERSONAL SERVICES TO BE RENDERED UPON SUCH TERMS AND FOR SUCH DURATION AS IT MAY DEEM FITTING AND PROPER. PROVIDED, HOVIEVER, THAT ALL SUCH CONTRACTS MUST BE FIRST SUBMITTED TO THE CITY COMMISSION OF THE CITY OF BEAUMONT AND BY IT EXPRESSLY APPROVED AND AUTHORIZED. IT IS FURTHER PROVIDED, HOWEVER, THE PRESENT PORT DIRECTOR IS CONTRACT WITH THE CITY OF BEAUMONT CONTINUE AND REMAIN IN FULL FORCE. at PAGE No. 3. MEETINGS OF COMMISSION AND BY—LAWS Id (4). THE PORT COMMISSION SHALL HOLD ITS MEETINGS FOR THE TRANSACTION OF OFFICIAL BUSINESS IN THE CITY HALL OF THE CITY OF BEAUMONT AT LEAST ONCE EACH MONTH, OR AT SUCH TIMES AS IT SH L DETERMINE, ALL OF WHICH MEETINGS SHALL BE OPEN TO THE PUBLIC, UNLESS, BY A MAJORITY VOTE, THE COMMISSION SHALL DECIDE TO HOLD AN EXECUTIVE MEETING, THE COMMISSION MAY HOLD SUCH OTHER MEETINGS AS IT MAY DESIRE AND AT SUCH TIMES AS MAY BE FIXED THEREFOR UPON CALL OF THE CHAIRMAN. A QUORUM FOR THE VALID TRANSACTION OF BUSINESS SHALL CONSIST OF NOT LESS THAN FOUR MEMBERS OF THE COMMISSION,'INCLUDING THE CHAIRMAN THEREOF, AND SAID COMMISSION SHALL HAVE THE POWER TO MAKE AND ADOPT SUCH BY—LAV/S AND PULES GOVERNING ITS MEMBERS AND THE TRANSACTION OF ITS BUSINESS AS MAY NOT BE INFONSIST ENT WITH THE PROVISIONS OF THE CHARTER AND ORDINANCES OF THE CITY OF BEWONT. POWERS OF PORT COMMISSION SECTION 4.-- IN ADDITION TO THE JURISDICTION HEREIN CONFERRED, THE PORT CONIN41SSION SHALL HAVE AND EXERCISE THE FOLLOWING PONDER AND AUTHORITY: CONSTRUCT AND OWN FACILITIES SECTION 4- (A) - THE PORT COMMISSION SHALL HAVE THE POWER AND AUTHORITY TO BUILD, EXTEND, IMPROVE, LEASE AND OPERATE WHARVES, DOCKS, WAREHOUSES, GRAIN ELEVATORS, RAILROAD TERMINALS AND ANY OTHER PUBLIC SHIPPING FACILITY IN THE PORT OF BEAUMONT. TARIFFS, RATES AND CHARGES (1) THE PORT COMMISSION SHALL HAVE THE POWER AND AUTHORITY TOCOMPILE AND ADOPT TARIFFS FIXING THE RATES AND CHARGES WHICH PREVAIL AND TO BE CHARGED WITHIN THE TERRITORIAL LIMITS OF ITS JURISDICATION FOR THE USE OF ALL DOCKS, WHARVES, ELEVATORS, LOADING AND UNLOADING FACILITIES AND ALL OTHER FACILITIES AND UTILITIES, WHETHER OPERATED BY THE MUNI 4ALITY OR BY PRIVATE PERSONS, COR— PORATIONS, LESSEES OR THEIR RECEIVERS WHEN USED BY THE PUBLIC IN GENERAL, AND CAN REGULATE CHARGES FOR ALL SERVICES AND FACILITIES OF THE CHARACTER FURNISHED BY THE CITY. - - -- - - REGULATIONS j (2)., WITHIN THE TERRITORIAL LIMITS UNDER ITS JURISDICTION, THE PORT COMMISSION SHALL HAVE FULL AND COMPLETE POWER. OF REGULATION OF NAVIGATION, OF THE USE OF DOCKS AND WHARVES, AND OF ALL CONVENIENCES, PUBLIC TERMINAL AND SHIPPING FACILITIES AND AIDS TO NAVIGATION OR WHARFAGE; AND TO MAKE ANbrENFORCE SUCH RULES AND REGULATIONS AS IT MAY DEEM NECESSARY AND PROPER FOR THE 0ONTRD9 f MANAGEMENT, ADMINISTRATION AND MAINTENANCE OF THE MUNICIPAL DOCKS AND WHARVES, AS WELL AS THE PORT AND HARBOR OF BEAUMONT IN GENERAL. THE COMMISSIONIS NOT A COMMON CARRIER, AND IS SOLE INTERPRETER OF ITS TARIFF RULES AND REGULATIONS, EMERGENCY OR OTHERWISE. LICENSES AND FRANCHISES (3). THE PORT COMMISSION, UPON DUE APPLICATION AND INVESTIGATION, SHALL HAVE THE POWER TO GRANT LICENSES OR PERMITS TO, AND TO FIX THE FEES TO EE PAID THEREFOR BY ANY PERSON, CORPORATION, LESSEE, OR RECEIVER THEREOF, OPERATING OR MAIN— TAINING, OR TO OPERATE OR MAINTAIN WITHIN THE TERRITORIAL JURISDICTION CF THE PORT OOMMISSION ANY FERRY, DOCK, WHARF, LANDING, WAREHOUSE, ELEVATOR, TERMINAL RAIL— WAY, OR OTHER UTILITY OR TERMINAL. FACILITY, AND ANY IMPROVEMENT OR OTHER BUSI— NESS OF ANY CHARACTER, CONNECTED THEREWITH; ALL SUCH LICENSES-TO"BE--ISSUED--FOR PERIODS OF ONE YEAR,.OR LONGER AT THE DISCRETION OF THE COMMISSION. ALL APPLICATIONS TO THE CITY COMMISSION FOR FRANCHISES TO BE EFF ECTIVE WITHIN THE TERRITORIAL LIMITS UNDER THE JURISDICTION OF THE PORT COMMISSION AS HEREIN DEFINED AND FIXED, SHALL BE REFERRED BY THE COMMISSION TO SAID PORT COMMISSION FOR CONSIDERATION AND RECOMMENDATIONS BEFORE THE GRANTING THEREOF'. THE PORT COMMISSION SHALL THEREUPON MAKE AND RETURN ITS RECOMMENDATIONS TO THE CITY COMMISSION THEREON WITHIN A PERIOD OF NOT OVER THIRTY DAYS FROM AND AF— TER THE DATE OF SUBMISSION OF SUCH APPLICATION FOR FRANCHISE TO IT. PAGE No. 4. INVESTIGATIONS, HEARINGS AND COMPLAINTS (4). THE PORT COMMISSION SHALL HAVE THE POWER TO INVESTIGATE ALL COMPLAINTS MADE AGAINST ANY SERVICE RENDERED OR RATES, FEES OR CHARGES IMPOSED BY ANY PERSON, CORPORATION, LESSEE OR THEIR RESPECTIVE RECEIVERS, OPERATING ANY FERRIES, LAND'I.fdGs;: LOCICS, ELEVATORS, RAILWAY TERMINALS OR ANY OTHER PUB— LIC TERMINAL FACILITIES AND/OR UTILITIES -AND ADJUST THE SAME, AS WELL AS THE POWER. TO INSPECT ALL SUCH FACILITIES AND UTILITIES AND ENFORCE COMPLIANCE WITH ALL THE LAWS AND ORDINANCES OF THE CITY OF BEAUMONT APPLICABLE THERETO, AND WITH THE TERMS AND CONDITIONS OF THE FRANCHISES OR PERMITS UNDER WHICH SAME ARE OPERATING, THE PORT COMMISSION SHALL HAVE THE FURTHER POWER TO MAKE, OR CAUSE TO BE MADE, WHENEVER NECESSARY, SUCH INVESTIGATION AS IT MAY DEEM PROPER. INTO THE AFFAIRS OF ANY PERSON, CORPORATION, LESSEE OR RECEIVER THEREOF MAIN— TAINING AND/OR OPERATING FERRIES, LANDINGS, DOCKS, ELEVATORS, WAREHOUSES, RAILWAY TERMINALS AND ALL OTHER PUBLIC TERMINAL FACILITIES AND UTILITIES WITHIN ITS TERRITORIAL JURISDICTION AS WELL AS THE RATES AND CHARGES FIXED AND COL— LECTED BY THEM FOR SERVICES. ENFORCE MENT OF -AWS AND ORDINANCES (5). THE PORT COMMISSION SHALL HAVE THE POWER TO ENFORCE ALL ORDI— NANCES OF THE CITY OF BEAUMONT APPERTAINING TO OR IN ANY MANNER AFFECTING THE OPERATION OF THE.PORT AND HARBOR OF BEAUMONT, AS WELL AS THE PROVISIONS OF THE LAWS OF THE STATE OF TEXAS AND OF THE UNITED STATES INSOFAR AS SUCH LAWS MAY INVEST THE CITY OF BEAUMONT WITH JURISDICTION. TERRITORIAL LIMITS OF PORT AND HARBOR HARBOR LIMITS SECTION 5. (1)-- THE LIMITS AND -EXTENT OF THE HARBOR, OF THE PORT OF BEAUMONT, ARE HEREBY FIXED WITHIN THE FOLLOWING BOUNDARIES ALL OF THE WATERS FROM BANK TO BANK OF THE NECHES RIVER FROM THE MOUTH OF OLD RIVER AT THE UPPER END OF SMITHS ISLAND NORTHWARDLY UPSAID RIVER TO THE POINT ON SAID RIVER NORTH OF THE CITY OF BEAUMONT KNOWN AND CALLED COLLIERS FERRY, AT THE BEAUMONT COUNTRY CLUB. PORT LIMITS (2) THE LIMITS AND EXTENT OF THE PORT OF BEAUMONT ARE HEREBY FIXED WITHIN THE FOLLOWING BOUNDARIES: THAT THE BOUNDARY LIMITS OF THE CITY OF BEAUMONT ARE HEREBY EXTENDED BY AND UNDER THE AUTHORITY OF AND FOR THE PURPOSES NAMED IN ARTICLE II83, ET. SEQ., REVISED STATUTES OF TEXAS, 1925, SO THAT -SAID BOUNDARY LIMITS SHALL HEREAFTER INCLUDE WITHIN THE LIMITS OF THE CITY OF BEAUMONT FOR THE LIMITED PURPOSES SET FORTH IN SAID STATUTES, ALL OF THE WATERS OF THE NECHES RIVER AND ALL OF THE LAND LYING—ON BOTH SIDES THEREOF FOR A DISTANCE OF 2500 FEET IN AN EASTERLY AND WESTERLY DIRECTION FROM THE THREAD OF SAID RIVER, FROM THE MOUTH OF OLD RIVER AT THE UPPER END OF SMITH S ISLAND, UP SAID RIVER TO THE POINT NORTH OF THE CITY OF BEAUMONT KNOWN AND CALLED COLLIER'S TERRY, AT THE BEAUMONT COUNTRY CLUB`•' BASE AND HARBOR LINES ON BRAKES BAYOU SECTION 6.-- THE BASE LINES AND HARBOR LINES OF BRAKE'S BAYOU FROM ITS JUNC— TION WITH THE NECHES RIVER IN A GENERAL NORTHERLY DIRECTION TO "A POINT AT THE EAST END OF MAGAZINE STREET ARE HEREBY ESTABLISHED AND FIXED AS FOLLOWS:, i THE BASE LINE ON THE SOUTHWEST SIDE OF SAID PORTION OF BRAKE'S BAYOU RUNNING FROM A POINT ON THE SOUTH SIDE OF MAGAZINE STREET NEAR ;',TS INTERSECTION WITH TRAVIS STREET RUNS SOUTHEASTERLY TO A POINT OPPOSITE THE Mk�UTH OF BRAKE'S BAYOU, THE HARBOR LINE ON THE SOUTHWEST SIDE OF BRAKES BAYOU R}JNS FIFTY (50) FEET NORTHEAST OF AND PARALLEL WITH SAID BASE LINE. THE HARBM LINEGNN THE NORTHEAST SIDE OF BRAKE'S BAYOU BEGINNING AT A POINT OPPOSITE M;-.GAZINE o STREET RUNS PARALLEL WITH AND TWO HUNDRED (200 FEET NORTHEAST ()F THE SOUTHWEST lie PAGE No. 5. HARBOR LINE ABOVE MENTIONED, LEAVING A TWO HUNDRED (200) FOOT CHANNEL AND THE, NORTHEAST BASELINE RUNS PARALLEL WITH AND FIFTY (50) FEET NORTHEAST OF SAID' NORTHEAST HARBOR LINE, AND RUNS TO THE MOUTH OF SAID BAYOU, ALL OF WHICH IS SHOWN AND MARKED ON BLUE PRINT ENTITLED OR MARKED 'PROPOSED HARBOR LINE OF BRAKE'S BAYOU FROM THE NECHES RIVER NORTHWARD," DATED JANUARY 8, 1923, AT- TACHED TO THIS ORDINANCE AND MADE A PART -HEREOF. RECEIPTS, DISBURSEMENTS AND REPORTS SECTION 7. --ALL MONIES AND REVENUES, DERIVED FROM THE OPERATION OF THE MUNICI- PAL DOCKS, TERMINALS AND TERMINAL FACILITIES, LEASES OF LANDS WITHIN THE LIMITS OF THE HARBOR AND PORT OF BEAUMONT, OR DERIVED FROM ANY OTHER SOURCEN'HATEVER BY SAID PORT COMMISSION, SHALL BE DEPOSITED WITH THE DIRECTOR OF FINANCE TO THE CREDIT•OF THE PORT COMMISSION, OR ANY PROPER ACCOUNT STIPULATED BY THE COM- MISSION, AND DISBURSEMENTS THEREFROM SHALL BE MADE ONLY FOR THE PURPOSES PER- MITTED BY THE PROVISIONS OF THE CHARTER OF THE CITY OF BEAUMONT. THE -PORT COMMISSION SHALL SUBMIT TO THE CITY COMMISSION, MONTHLY, A WRITTEN REPORT CONTAINING COMPLETE STATEMENTS OF THE OPERATIONS OF SAID PORT AND HARBOR, AND THE ACTS AND DOINGS OF THE COMMISSION, DURING THE PRECED- ING MONTH, TOGETHER WITH AN ITEMIZED STATEMENT OF ALL REVENUES COLLECTED AND FROM WHAT SOURCE COLLECTED, AND OF ALL DISBURSEMENTS MADE OR ORDEREDDURING THE SAME PERIOD. APPEAL FROM PORT COMMISSION SECTION 8•.-- SHOULD ANY PERSON, FIRM OR CORPORATION FEEL AGGRIEVED BY THE ACTION OF THE PORT COMMISSION, OR OF ANY OF ITS OFFICERS OR EMPLOYEES UNDER THE POWERS HEREIN CONFERRED, THEY SHALL HAVE THE RIGHT TO APPEAL TO THE CITY COMMISSION FOR A RE -HEARING THEREON, SUCH APPEAL TO BE PROSECUTED BY THE PARTY FEELING AGGRIEVED FILING WITH THE CITY CLERK A PROTEST AGAINST THE ACTION COM- PLAINED OF, WHICH SHALL SPECIFY THE GROUNDS THEREOF, AND SHALL BE ACCOMPANIED WITH SUCH DOCUMENTS AND OTHER DATA AS MAY BE NECESSARY FOR A PROPER UNDERSTAND- ING OF THE MATTER BY THE CITY COMMISSION, AND ALSO -WITH -THE --PETITION TO THE COMMISSION FOR SUCH RE -HEARING. UPON FILING WITH THE CLERK THE PROTEST AND OTHER MATTERS MENTIONED IN THE PRECEDING SECTION, AND UPON CONSIDERATION THEREOF BY THE CITY COMPAISS- ION, THE CITY COMMISSION MAY ORDER SUCH RE -HEARING OF THE MATTERS THEREIN CONTAINED AT ITS DISCRETION, AND IF ORDERED, SHALL FIX THE TIME THEREFOR.,_AND NOTIFY THE COMPLAINING PARTY OF,SUCH SETTING, AND SHALL PASS UPON SUCH PROTEST AFTER. HEARING THE PARTIES, THEIR EVIDENCE, ETC., AND SHALL THEREUPON TAKE SUCH ACTION AS IT SEES PROPER. AT SUCH HEARING, THE CITY COMMISSION SHALL HAVE ALL OF THE AUTHORITY TO, PROCEED IN SUCH MANNER. AND METHOD AS IT SEES FIT. LIMITATION OF LIABILITY OF COMMISSION SECTION 9. --NEITHER THE PORT COMMI SSION NOP. THE CITY OF BEAUMONT SHALL BE LIABLE FOR OR IN ANY MANNER SUBJECT TO ANY LIABILITY FOR LOSS OR DAMAGE TO ANY CARGO OR FREIGHT OF ANY CHARACTER HANDLED, LOADED OR UNLOADED AT ANY OF THE PUBLIC WHARVES OR OTHER TERMINAL FACILITIES, INCLUDING WAREHOUSES, SHEDS OR OTHER. STRUCTURES, BY FIRE, LEAKAGE, OR DISCHARGE OF WATER FROM FIRE SPRINKLER PROTECTION SYSTEM OR FLUID FROM FIRE EXTINGUISHERS, THE COLLAPSE OF BUILDINGS, TRAFFIC ACCIDENTS RESULTING FROM THE MOVEMENTS OF VEHICLES, CARS, HANDTRUCKS, OR -ANY-OTHER DEV ICES AND. APPL• I nANCE-S --USED-,:I N--TRE..TRANSPO_ RTAT.I OPJ_, AND HANDL.I_NG__ ._ -OF SUCH FREfGHT AND CARGO, THE ACTS OF GOD, VIOLENCE OF THE ELEMENTS, THE ACTS OF DESTRUCTIVE ANIMALS AND INSECTS, SWEAT, RUST. MOLD, CORROSION, DECAY, CON- TAMINATION, DISCOLORATION OR SHRINKAGE FROM ANY CAUSE 1"IHATEVER, NOR FOR ANY DELAY TO SAME ARISING FROM ANY SUCH CAUSES, OR FOR ANY DELAY, LOSS OR`DAMAGE ARISING FROM ANY SUCH CAUSES, OR FOR ANY DELAY, LOSS OR. DAMAGE ,ARISING FROM COMBINATIONS OR STRIKES OF ANY PERSONS IN THE EMPLOY OF THE COMMISSION OR IN THE SERVICE OF OTHERS, OR, DUE TO ANY OTHER CAUSE, NOR FOR ANY CONSEQUENCES THEREFROM. STEAMSHIP COMPANIES HAVING FREIGHT ON THE WHARVES OR IN WAREHOUSE OR OTHER STRUCTURES, OR THE CONSIGNOR OR CONSIGNEE THEREOF ARE HEREBY RE- QUIRED TO MAKE THEIR OIA!N ARRANGEMENTS FOP. PROPER WATCHMAN SERVICE. PAGE No. 6. REGULAT 101\t". BUILDING AND DREDGING WITHIN PORT LIMITS: -9'r-CT 1CiNI0 )--IT SHALL BE UNLA!'IFUL FOR ANY PERSON, FIRM OR CORPORATION TO BUILD OR ATTEMPT TO BUILD, CONSTRUCT, REPAIR OR ALTER ANY BRIDGES VIADUCT, k`JHARF, DOCK, PIER, OR ANY OTHER STRUCTURE OF ANY CHARACTER, I NCLIJD I NG THE RE- PAIR, E- PAIR. LAYING OR CONSTRUCTION OF SUBMARINE OA.BLES AND PIPE LINES ACROSS THE NECH- ES RIVER BELOW`' OR ON THE BED OF SAME, OR DO ANY DREDGING, REMOVE ANY SAND, EAP.TH OR OTHER i';9AT_R I AL . OR DRIVE ANY PILING OR TO DO .ANY UNDEP.-;'.'ATER OR OTHER CHARACTER ^F CONSTPUCTI2N OR REPAIRS ALONS THE BANKS OR IN OR ACROSS THE NECHES RIVER OR BRAKE'S DAYOU ';;'!THIN THE I -!'U I TS OF THE PORT OF BEAUMONT .AS ABOVE DE- FINED, trtilI THOUT FIRST FILING A InJR I TTEPJ APPLICATION AND OBTAINING PERMIT THE -RF -FOR FROi:1 THE PORT COMMISSION OF THE CITY OF D'EAUMONT. APPL I CA.T 1 .^.•N FOR SUCH PERMIT SHALL BE FILED BY THE PERSON, FI°fM OR CORPORATION DESIRI'lr= TO DO SUCH v.,oRK. BVI TH THE PORT U I :RECTOR, AND SHALL BE IN 1P;R I TI NG AND ACCOMPANIED BY THE PLAPJS AND SPECIFICATIONS OF THE PROPOSFD ?'OPK OR CONSTRUCTION DESIRED TO BE PERMITTED. THE P. -PT COW -I I SS I ON SHALI_ 1^'I TH I N A PERIOD OF NOT MOFF THAN TH 1 ?TY (30) DAYS AFTER THE FILING OF SUCH APPLICATION, PLANS, ETC., GIVE DUE CONSIDERATION TO THE SAME, AND rlAKE A THOPOUGH INVESTIGATION THEREOF AND OF THE PROPOSED STRUCTURE, I!d1PROVED.1ENT, OR '•.'FORK DES!RED THEREUNDER, AND IF IN THE JUDGP,IENT OF SAID COMMISSION THE PROPOSED ST^UCTUP.E, I MPROVE�,JENT, OR VdOPK, 1`II LL NOT IMPEDE, 0- STRUCT 0,^, ! `•!TEP. FERE '.''I TH NAV I PAT I ON WITHIN THE PORT 1 I M I TS OR I NJUR I'DUSLY A.F-- FECT THE PURL I C I N T EP.:EST AND ';'EL FPRE THEF'.E I N, SUCH PERMIT SHALL BE GRANTED BUT OTHE!""ISE THE SAME SHALL BE P,EFUS-D, PROV! DED THAT NO ?ERmIT SHALL DE GRANTED FOR ANY STRUCTURE OR I i`.1PROVEbIENT I IJ, ALONG OR ACROSS BRAKE'S F),\,YOU \,-:?! T:i ! N THE ABOVE CEFINIED BASE AND HA,RSOf. LI`JES THEREOF 1'.'HICH DOES NOT PERMIT FREE NAVIPA.TION OF A, T'c'!O HUNDRED (200) FOOT CHANNEL THEREIN UNCBSTPUCTED 3`( ANY SUCH IMPROVE"'DENT INOPK . COLL I S 1 ONS: THE EVENT OF COLLISION SETT VEEN VESSELS; OR BE T'.YEEN VES`: ELS AND ANY !r!HAR F JR OTHER STRUCTURE, AN I M111.1ED I ATE REPORT SHALI_ BE MADE TO THE ''PORT COMM I SS I ON, 'sJH I CH REPORT SHALL BE IN ICRP I T I NG AND SHALL STATE . THE TIME AND PLACE OF SUCH COLLISION OR ACCIDENT, AND ALL THE PARTICULARS THEREOF, AND SUCH REPORT SHALL BE MADE EOTH BY THE 0�11NER, AGENT OR PERSON IN CHARGE OF SUCH VESSEL AND ALSO BY THE EMPLOYEE OF THE PORT CCM -1.1111 SS I ON SUPER I NTEND I PIG SUCH DOCK. IN THE EVENT SINKIKC OF A VESSEL SHALL RE`=ULT TNLREFROM OR IN THE EVE' -.!T A. VESSEL SHALL SINK FROM ANY OTHER C'.USE, AND THE POSITION OF SUCH VESSEL IS SUCH AS TO BE ANY OBSTRUCT 1 ON TO NAVIGATION' OF THE 1''/- T ERS l',� I TLJ I P•1 TLIE JURISDICTION OF THE POET OF 0EAUMONT, THE COL-iM I SS J GN SHALL GIVE NCT I CE TO THE 01`.'i'!ER, MASTEP, AGEP!T OR OTHER. PERSON LIAV ! NC CHAP.Gc_ OF SUCH VESSEL, F�'E(;U I R I!"Icn H I m TO RP.I SE ANC RE°.=E T ,E SA,.%:E 'J.'ITF'IN FI F i EEf•1 `15,} DAYS FROM AND AFTER RECEIPT OF SUCH NOTICE, UNDER PENALTY OF U!JE HUNDRED DOLLARS (! 1 OO.C' !) PER DAY FOR EACH AkJD EVERY CAY SUCH VEST EL MP.Y REMAIN UNMOVED, AND CONTINUE TO CONSTITUTE AN OBSTRUCTION TO PIAN I G,,",T I ON. FAILURE TO RAISE Al'M REi:-,I)'VE VESSELS: SEC I I ON`P rI `3;-- !N THE EVE NIT OF FA I LURE OR REFUSAL ON THE PART . OF THE 01"PIER, MASTER, OR AGENT, OR OTHER PERSON HAVING CHARGE OF SUCH VESSEL AS mEf;!TlcK.ED IN THE NEXT PRECEDING SECTION TO PG:I SE AND REMOVE THE SA'.'.E AS REnU I PED IN THE NO- TICE SERVED UPON THF,'-!', AS ABOVE PR'7VIDFD FOR, IT SHALL BE THE DUTY OF THE ''ORT COM: - I01 SS I ON TO RAI S E AND PF°'n1/:= 'T1 -1E SA,'.:E � LIAA!ERA 1 SED OR FEM'VED AT THE EXPENSE OF SAID Cl:`idER'p 1 ASTEF.,- A,CENT OR 'GTHER PEF'S0,N HAVING CHARGE OF SUCH VESSEL, ,AND SAID VESSEL k,f!D CARGO THERIOF SHALL. EE SUBJECT TO A LIEN THEREFOR AIND I:JAY BF HELD By THE PORT (nrn;•sIccI0n; UfJTIL ALL THE COSTS, EXPENSES AND PENALTIES ATTENDANT UPON', RAISING AND RE.',1OV I NC THE SA.::iE SHALL HAVE BEEN FULL`( AFTER THE RAI S ! P:G AND PEi.?OVJ NG OF SUCH VESSEL V' I TH ITS CARGO. I F ANY, THE CG?:?:11 SS 1 C%h; SHALL GIVE L'.'P I T TEN NOTICE THEREOF TO THE 01"'PIER, 4"ASTER, AGENT OR TX OTHEP PEF:SON HAVING CHARGE T Hr„EOF OF SUCH FACT AND ! NCLUDE THEREIN ST.^ -,TE: - ME!,! T CF ALL COSTS, EXPEHS-ES, CHARGES AIND PENALTIES DUE, AND '."H I CH NOTICE SHALL. STATE THEN UNLESS SUCH AINOUNT IS PAID IN FULL ':'I TH I P! TEN ( 10) DAYS FROM A!JD AFTER RECEIPT OF SAID NOTICE, THE COMMISSION SHELL PROCEED TO LIBEL SUCH VESSEL. 16 PAGE 7. AND CARGO FOR THE PURPOSE OF FORECLOS I P'0 I TS L1 E -N AND COL'.7CTI ON OF THE AMOUNT DUE FR.ON4 THE P`:'OCEEDS OF THE SALE OF SAID PROPERTY, AND IN THE EVENT THE TOTAL AMOUNT OF COSTS, CHARGES, EXPENSES AND PENALT I E:S IS NOT PAID 1'±I TH I N SUCH PEP I OD OFTEN ( 1 O) DAYS, IT SHALL BE THE D!! -;Y OF THE PORT T;^ TAKE OR HAVE TAKEN THE NECESSARY PROCEEDINCiS TO COLLECT THE SA:"E. PEW,L PRC'\/1 �:I0NIS SECT 13" I 1--1T SHALL BE Uf^!LA'.'FUL FOR THE MAST EF:, OV1TJER OR AGENT OF ANY VESSEL 1!'ITH- N THE HARBOR. L I i' I TS OF THE HARBOR. OF BFP,UN.10NT, OR FOR ATJY OTHER. PERSON OR PERSONS SECT ION I I --TO ANCHOR, P,LOOR, PLACE OR 1N! ANY1'''ISF LEAVE ".'ITHIN THE I�ARBOR LIM- 1 TS OF THE POf T OF BEAUP,10NT, OR I N THE TUr'N I NIG BAS! (\I OP. CHANNEL, OR Cll TH I N ANY OF THE 'i:'ATFRS b"l 7FI1 N THE L I NII TS THEREOF, ANY VESSEL, SKI FF, BARGE, HOUSE DOA.T, RAFT ,OR OTHER !'!A,TER CRAFT V,'HA.TSOEVEP, IN ANY :"ANNEP AS THAT THE SPME 1'!IL !_ OBSTRUCT THE FREE NA.V I GF T I ON OF SUCH IVATERS, AND IN NO EVENT 'PA'ATHCUT A 1't'P I TTEN PEP?41 T FROM THE PORT COHMISSION OF THE CITY OF BEAU,%IO IT. OBSTRUCTIONS ON DOCKS o'. VHARV'=S: SECTI 01, I I ( B)-- TO PLACE OR -ER ''.11 T TO 9F PLACEC' ,^•CJD Rr""/-` IN UPON ANY OF THE DOCK AND l"HART PRE;AISES OF THE CITY OF LEAU",IONT, INCLUDING 1!'AREHOUSES AND OTHER STRUCTURES, ANY OBJECT, ((MATERIAL OR THING OF ANY CHARAC'T'ER '"'H I CH IS NOT PART OF THE CARGO , OR ANY STEVEDCRI TOOLS OR ^THrR TOOLS, APPLIANCES, EC'UIPMENT, ENGINES, SOPEENS, OR ANY OTHER P:''ATER I /-,,L OR OBJECT OTHER T H/+.N CARGO OF A VESSEL. %ar•:Y AND ALL SUCH OBJECTS, MATE^ I ALS, OR THING'S HEREIN PROHIBITED SHALL CE REMOVED !' I TH I N T'".'ENTY—FOUR (24) HOURS AFTER NOTICE SO TO DO BY THE PORT COM�AIS•SION, OR ANYONE UNDER I TS AUTHOR ITY, FAILING TO DO V -'H I CH SHALL_ INCUR IN FAVOR OF THE "'ORT COMMISSION AND AG "d NST THE OI"HER OR PERSON I N CONTROL OF SUCH OBJECTS, P.IATER I ALS OR THINGS, A, PENIALTY OF T"'ENTY Fi VC: D01_!./,PS � n?5,OOi PDRI.DAY FOR. EACH DAY THE SAME IS, UNLA,1: FULLY PER' Ai TTED TO REMAIN UPONSUCH VJFIARF OR PREMISES, AND THE PORT COM141SSION SHALL HAVE THE POI?'ER AND A.UTHC,RITY TO PEMOVF THE SiAMF OP CAUSE THE Q,P,!E TO BE P.EMOVED AND STORED AT THE COST OR EXPENSE. OF THE Ol";NIFR OP PERSON IN CONTROL THEREOF, AND IF SUCH A'AnUNT IS NOl" PAID ',.II TH I N FIFTEEN C 1 5i DAYS FROM AND AFTER NOTICE BY THE PORT COMMISSION OF THE A'iMOUNIT THEREOF, THE PORT COMN'I I SS I ON SHALL PROCEED TO CAUSE SAID PROPERTY TO BE SOLD AND THE PROCEEDS APPLIED TO THE PA.Y"LENT C: F SUCH EXPEf%JSES, ETC., 1N ADDITION TO THE PENALTY HEREIN INCURRED FOR. THE VIOLATION HEREOF. REFUSE AND lAS T E iaA,TEP I l�LS: SECT It.'i� I I (C)-- 10 THROI!!, D I SCH/L RGE OP DEPOSIT OR PERMIT TO BE THROI'lNJI, D I SCHAP,GED OP DEPOSITED FROM OP OUT !?F ANY VESSEL_, SHIP, BA.PGE OR O T HEP !4'ATER CRAFT OF ANY KIND, OR FROM THE SHOPE, WHARF, MANUFACTURING ESTABLISHI'AENT, r^ILL_, PLPNT OR OTHER STRUCTURE OF ANY CHARACTER. INTO THE ['..'ATERS OF THE HARBOR OF-''EAUMONT, OR UPON THE SHORES OR BANKS THEREOF, OR UPON THE WHARVES OR DOCKS OF SAID HARBOR, WHERE THE SAIAE P,AY BE WASHED OR. FORCED INTO SUCH 1'?ATERS, ANY REFUSE, P.UBB I SH OR UNVIHOLESOME OR DECPAYED MATTER OF ANY KIND, OP ANY ',!'ASTE SUBSTANCES OR r:1ATEP. I AL, OR TO PERMIT ANY MATITR I ALS OF ANY KIND TO GO II',ITO THE 1'ATEP.S OF SUCH HARBOR, THAT WOULD CONSTITUTE AN li!IFEDI— MENT OR DANGER TO NAVIGATION, OR A MENACE TO HEALTH. NOTHING HEREIN SHALL BE CON— STRUED TO PROHIBIT THE CONSTRUCTION OF PUBLIC WORKS OP OPERATIONS BY THE 'SORT COl'v— MI SS I ON OF THE CI TY.OF 'BEAUMONIT. Ol LS,^ETC, , IN_ THE VV'ATER: SECT IC,'1 II (D) --TO DEPOSIT OR CAUSE OP. PERMIT TO BE DEPOSITED, THROWN, D1SCHA.RGED OR TO ESCAPE I PITO THE MATERS OF THE HARBOR OF BEAUMONT ANY I N FL_AMi,'I ABLE L 1 OU I D, PETROLEUM, PERTOLEUM PRODUCTS, COAL TAP,, OR ANY OTHER CARBENACEQ).US MATERIALS OR SUBSTANCE, PRODUCT OR COMPOUND THEREOF, OR BILGE Vr'ATER OR ANY OTHER ELEMER!T CONTA I N I P,1G ANY OF SAID 1.IATERIALS OR SUBSTANCES. EX.PLOS I VES , COrABUST I BLES AND INFLAMMABLE-` SECT 10N -II (E) --TO HANDLE OR STORE EXPLOSIVES OF AN:Y KIND OR CHARACTER, OR GASOL-fNE, DIST1LI_ANT, OR OTHER LICUID PETROLEUM PRODUCTS, OR INiFLAP,i^"ABLE LIQUIDS OR SUBSTANCES, EXCEPT LUBRICATING OIL, OR ANY COMBUSTIBLE MATERIALS OR ANY MATERIALS CLASSED AS EXTRA HAZARDOUS UNDER STANDARD FIRE INSURANCE POLICIES OF THE STATE OF TEXAS, UPON ANY OF THE !AIHARVES OR IN ANY OF THE 'AlAREHOUSES, DOCKS OR OTHER STRUCTURES OF THE PORT OF BEAUMONT, OR AT ANY PLACE l:' I TH I N THE LIMITS THEREOF, EXCEPT AT SUCH LOCALITIES A,ND UNDER SUCH RULES AND REGULATIONS AS ARE OR MAY BE DESIGNATED BY ORDINANCES OF THE CITY OF BEAUMONT OR BY THE PORT COMMISSION THEREOF, AND THEN ONLY WHEN PERMITTED IN r I PAGE NO.' 8. WRITING SO TO DO BY THE PORT COMMISSION OF THE CITY OF BEAUMONT; PROVIDED, HOW- EVER, THAT NO PERMIT SHALL BE ISSUED FOR ANY OF SUCH MATERIALS TO REMAIN OVERNIGHT ON ANY PORT PROPERTIES OR FACILITIES UNLESS ON CONDITION THAT THE SAME IS COVERED WITH TARPAULINS OR OTHER MORE PERMANENT OR SUBSTANTIAL MATERIAL, AND PROVIDED FURTHER THAT AT SUCH LOCALITIES AS MAY BE PERMITTED BY THE PORT COMMISSION THAT ALL OF SUCH MATERIALS SHALL NOT BE HANDLED EXCEPT BETWEEN SUN- RISE AND SUNSET. SMOKING AND LIGHTS: SECTION II ((F) --TG SMOKE, CARRY OR BE IN POSSESSION OF MATCHES, LIGHTED PIPES' CIGARS OR CIGARETTES, OR TO CARRY OR USE PORTABLE OPEN LIGHTS IN AND UPON ANY OF THE PUBLIC WHARVES, WAREHOUSES AND OTHER STRUCTURES WITHIN THE HARBOR LIMITS OF THE PORT OF BEAUMONT, OR UPON PREMISES ADJOINING THE SAME. FIRE EXTINGUISHERS AND PROTECTIVE APPLIANCES: SECTION II (G) --TO TAMPER, INTERFERE WITH OR OBSTRUCT ANY FIRE EXTINGUISHERS, FIRE HOSE, HYDRANT OR ANY OTHER -FIRE FIGHTING APPLIANCES OR THE FREE PASSAGE AND EASY ACCESS THERETO, OR EXCEPT IN CASE OF FIFE TO REMOVE OR IN ANY MANNER DISTURB THE SAME FROM THEIR LOCATIONS. PERISHABLE.CAP.GO: SECTION II (h) --TO PERMI'T ANY PERISHABLE CARGO'OF ANY CHARACTER TO REMAIN ON THE WHARVES OR IN ANY WAREHOUSE WITHIN'THE LIMITS OF THE PORT OF BEAUMONT FOR ANY PERIOD OF TIME'IN EXCESS OF THAT ALLOWED UNDER THE RULES AND REGULATIONS OF THE PORT COMMISSION THEREOF, OR FOR ANY PERIOD OF TIME WHEN SUCH PERISHABLE CARGO OR MATERIAL HAS SO DETERIORATED, DECAYED OR BECOME SO UNWHOLESOME AS TO BE A MENACE OR NUISANCE, OR TO REFUSE OR FAIL TO REMOVE THE SAME IMMEDIATELY AFTER BEING NOTIFIED SO TO DO BY THE PORT COMMI SSION,OF THE CITY OF BEAUMONT. IN ADDITION TO THE PENALTY HEREINAFTER PROVIDED FOR DISOBEDIENCE HEREOF, IF SUCH PERISHABLE CARGO IS NOT REMOVED IMMEDIATELY AFTER RECEIPT OF SUCH.NOT•.•.I CE THE PORT COMMISSION MAY HAVE THE SAME REMOVED AND DISPOSED OF AT THE COST AND EXPENSE OF THE OWNER, AGENT OR OTHER PERSONS IN CONTROL OF SUCH VESSEL OR CARGO. OFFICER IN CHARGE OF VESSEL: SECTION II (i) --To CAUSE OR PERMIT ANY VESSEL BERTHED OR DOCKED AT ANY DOCK FACILITIES OF THE PORT OF BEAUMONT TO REMAIN SO DOCKED WITHOUT HAVING ON BOARD AT ALL TIMES AN OFFICER OR OTHER PERSON HAVING SUFFICIENT AUTHORITY TO TAKE SUCH ACTION AS MAY BE REQUIRED OR NECESSARY WITH RESPECT TO SUCH VESSEL IN CASE OF ANY' EMERGENCY OR SUCH NECESSITY AR I S'I NG, OR TO REFUSE OR FA I L TO HAVE SPECIAL WATCHMEN PLACED IN CHARGE OF ANY CARGO PLACED UPON THE WHARVES OR OTHER FACILITIES'OF THE PORT OF BEAUMONT WHEN REQUIRED SO TO DO BY THE PORT COMMISSION THEREOF. DAMAGING PROPERTY: SECTION II ( J;) --TO WILFULLY, INTENTIONALLY, OR CARELESSLY DESTROY, DAMAGE, DISTURB, DEFACE OR INTERFERE WITH ANY BUOY, FLOAT, LIFE PRESERVER, SIGN, NOTICE, APRON, WAREHOUSE, WHARF OR APPURTENANCE THERETO, OR ANY PORT PROPERTY WHATSOEVER, UNDER THE JURISDICTION OF THE PORT COMMISSION OF THE CIT'0F BEAU- MONT, IN ADDITION TO THE PENALTY PRESCRIBED FOR THE VIOLATION HEREOF, THE EX- PENSE OF REPAIRING SAID DAMAGE OR REPLACING ANY OF SUCH PROPERTY SHALL BE CHARGED BY THE PORT COMMISSION AGAINST -THE PER -SON -OR VESSEL -RESPONSIBLE THERE=- FOR. MOORING REGULATIONS: SECTION II (A) --To FAIL TO COMPLY WITH THE FOLLOWING MOORING REGULATIONS WHICH ARE HEREBY ESTABLISHED: (I) NO ROPE OR LINE SHALT- BE MADE FAST TO ANY MUNICIPAL DOCK OR WHARF, SHED, TRACKS OR THE PILING SUPPORTING THE SAME, NOR TO FENDER,PILES, BUT SHALL BE MADE FAST TO MOOR- ING PILES, BITTS OR CAVILS FURNISHED FOR SUCH PURPOSE. 4: t r r PAGE NO. 9. (2) NO DOLPHIN SHALL BE USED AT THE OUTER END OF ANY WHARF TO BREAK OR WARP AROUND, OR TURN OR SWING ANY VESSEL AT ANY WHARF WITH THE STEPA OF SUCH VESSEL AGAINST THE WHARF, (3) ILIO VESSEL OR WATER CRAFT SHALL LIE AT ANY MUN I C IPA;L DOCK OR WHARF, OR ANCHOR ADJOINING SAME IN SUCH MANNER AS TO OBSTRUCT OR PREVENT THE FREE ACCESS OF ANY VESSEL TO OR FROM ANY BERTH UNDER THE JURISDICTION OF THE TORT COMMISSION OF THE CITY OF bEA.UMONT. (4) SHOULD A VESSEL ELECT TO WORK OVERTIME OR ON HOLIDAYS THE VESSEL OCCUPYING A BERTH AND NOT tNORKIiNG SHALL GIVE WAY AT THE EXPENSE OF THE VESSEL ACCOMMODATED. (5) V'JHEN IT BECOMES NECESSARY 1V ORDER TO EXPEDITE THE BUSINESS OF THE PORT FACILITIES, A VESSEL MAY BE MOVED AT THE EXPENSE OF THE VESSEL ACCOMMODATED, PROVIDED DUE NOTICE TO MOVE SHALL HAVE FIRST BEEN GIVEN TO THE MASTER OR PERSON 1N CHARGE OF SUCH VESSEL, AND THE OWNER AND VES— SEL SHALL BE LIABLE FOR ALL DAMAGES THAT MAY ARISE THEREBY. (6) NO PERSON SHALL MAKE FAST ANY VESSEL TO ANY PUBLIC ',',II-IARF OR MOORING FACILITIES EXCEPT WITH SUCH LINES AND IN SUCH MANNER AS MAY BE PRESCRIBED BY THE IJORT COMMISSION. CLEANLINESS: SECTI I ON I I (4).. ----TO FA I L TO CLEAN UP AND KEEP CLEAN THE I R ASS 1 GNMENTS . 1 NCLUD I IIJG SPACE IN TRANSIT SHEDS '."'HERE CARGO 13 CONCENTRATED, AIND 1".'HARF APRON OVER ':dH I CH CARGO IS TRUCKED TO SHIP S TACKLE. CLEANING UP WILL BE PERFORMED UNDER THE SUPERVISION OF THE PORT C019PA I SS I ON '"ri I CH WILL DIRECT THE DISPOSAL OF ,ALL REFUSE, UPON FAILURE TO CLEAN UP SUCH PREMISES 14'I TH I N A REASONA3LE TIME A FTFR SAILING OF VESSEL, SUCH AGE[ITS OR OPE°'.PTORS I." ADDITION T^ REINP SUBJECT TO THE PENALTY HEREINAFTER. PRESCR 1 BED IN SICTI ON 12HEREOF, SHALT_ PAY 10 THE hOR I CO!.'1P1! SS I ON IJPi)N B►!_!_ RFPIDFRED THEP.Efp- r9ALL COSTS P ,'D EXPENSES OF CLEAN I P•JG UP SUCH PRENI.I SES, WHICH !'II LL BE DONE BY THE COP.IN I SS I ON UPON SUCH FA I LPRE . ENT-"ING PROPEFTY; SECTION I1 CM 1 --TO ENTER UPON OR INTO ANY PROPERTY OR BUILDING UNDER THE SUP,`=R— VIS 1 3N OR COP,,ITROL OF T!!C "DRT OP,•lHl SS I ON OF T' -IE CITY OF SEAUMON T , 1''I THOUT THE CONSE.'!T OF THE OFFICER OR AGENT OF SAID CO'_1111 SS I ON, IN! CHA.'GE THEREOF; UNLESS SUCH ENTRY BE MADE_ FOR THE PU;'.POSF OF T'?ANSACTI NC 3US INESS PERT," I N I NGJ TO MATT -_RS "'H'7"EOF SAID FORT CO",P.I1 SS! ON HAS JUP I SC I CT 13'N' PENA.LT 1 -ES SECT I')N I %-- Ti -!F V I nL/`.T I :%!,l ^F OR `!ON—CO''.'IPL I i,;,!(E ( TH ANY OF THE ?r'DV I S! ONS OF THE F' ^.ECO!'\l" SECTIONS OR SUB—SECT1 `NS OF THIS OPD!N/'N:.E SHALL CONISTITUTE A ivl l SDF ^1�AP'^R AP.!n SHELL SU3JFCT THE OFFENDFP UPON CONVICT 10I,! IPJ CORPOR,LT!',)N COUF'T OF T9E CITY OF LEAUP".ONT TO FINE OF NOT LESS TH;''.N ONE DOLLAR (�I .00) NOR "TORE THP.N UniE ';JNPRED DOLL/.PS `viiJ.'.'I^;i, FOR EA,C!I SUCH OP OR PiOP"— EPCH DAYS S V 10!_A_' ! : PN OR NODI—CO' PI_ I F'''NCE SHPLL BE A SEPARATE OF— FE[,,ISF, PR'—V l DED THAT T'-IERF IS EXCEPTED FR011 THIS PFNPL CLP..W-F ANY OFFENSE CO-'M— MI T T FD HEP.EUNDER FOP. +.''H I CH THE UNI TED STA T FS OR THE ST,=, T E ^F TEXI'S HAS PRE— SCRIBED A DIFFEPENT PFNA,LTY. SAV1°,IG CLAUSE SEC._Ii.,!`•1 13-- I F ANY SIECTIOP!, SUB —SECTION 0R P'EL'TION i1F THIS ORDINAN'0E SHALT_ FOR ANY RFA`;ON RE HELD INV."•LID, THE 5P.",1E `:1/`.LL NOT AFFECT THE RE"aA 1!`! I NG PORTI OPJS OF T, -J 1 S ^RDI `!^.!OE, BUT PL'_ PEi9A! Pl I PdG PCR.T I ONS HEPFOF SH^!..'_ 3E VAI_ i P AND. EFFECT— IVE, AN;_-) 17,7 IS DEC!_AP.ED BY THE CITY COf'-I'MISSICN CF THE CITY OF DEALHMOP!T -p-HAT ALL SUCH OTHER PROV I S 1 OPTS '?!''C'JLD HAVE PEEN ENACTED REGARDLFSQ OF INVALIDITY OF SUCH P)"TION S7 AFF'^CTPD. P.EPEPL I CLAUSE SECT I'I_'I`I IZ_,- A!_L 3r'D I P,-!ANCES "'D PAFTS OF ORDINANCES 0;- THE CITY OF BFA!Ji'SONT 1"" CO'JFL I CT li! ^E!"'1 TH A.: 'iEPEBY EXP?ES�,LY FE FALFn. f,L 6 /12 /93,6 PAGE NO. IQ. EMERGENCY CLAUSE SECTION 15 --THE FACT THAT THE PRESENT ORDINANCES OF THE CITY OF BEAUMONT ARE INADEQUATE WITH REFERENCE TO DEFINING THE -PORT AND HARBOR LIMITS OF THE PORT OF BEAUMONT, AND WITH REFERENCE TO PRESCRIBING RULES AND REGULATIONS FOR THE AN- CHORING AND MOORING OF BOATS AND THE DEPOSITING OF INFLAMMABLE SUBSTANCES IN AND AROUND THE WHARVES AND DOCKS OF THE PORT OF BEAUMONT, AND SUCH INADEQUACY SERIOUSLY ENDANGERS PUBLIC PROPERTY AND PUBLIC SAFETY:-i%LB--T-HE "FXCT CrF THE RAPID GROI'%/TH AND EXPANSION OF THE PORT OF BEAUMONT, AND THE COMMERCE PASS 114E THROUGH THE SAME, WITHOUT ADEQUATE LAWS, RULES AND REGULATIONS GOVERNING THE SAME, OR SUFFICIENT TERRITORY UP AND DO11i1\1 ON BOTH SIDES OF SAID NECHES RIVER, AND IT BEING NECESSARY TO IMMEDIATELY EXTEND SAID LIMITS FOR THE PROPER DEVELOPMENT AND EXPANSION OF SAID PORT OF BEAUMONT, CREATES AN IMPERATIVE PUBLIC EMERGENCY, NECESSITATING THE SUSPENSION OF THE RULING REQUIRING ORDINANCES TO BE READ ON THREE SEVERAL DAYS BEFORE THEIR FINAL PASSAGE, WHEREFORE, SAID RULE IS HEREBY SUSPENDED, AND THIS ORDINANCE SHALL BECOME EFFECTIVE FROM AND AFTER ITS PASSAGE AND PUBLICATION. PASSED BY THE AFFIRMATIVE VOTE OF ALL MEMBERS OF THE CITY COMMISSION OF THE CITY OF BEAUMONT, TEXAS, THIS _1'T1 DAY OF , 1936. �c � 6/ MAYOR, CITY OF BEAUMONT r,