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HomeMy WebLinkAboutORD 9-KAN ORDINANCE ENTITLED AN ORDINANCE CREATING THE PORT COMMISSION FOR THE CITY OF BEAUMONT, TEXAS; PROVIDING FOR THE APPOINTMENT, QUALIFICATION AND TERMS OF OFFICE OF MEMBERS THEREOF; DEFINING THE AUTHORITY AND DUTIES OF SAID CO'31ISSION; GRANTING THE CITY CO-151ISSION SUPERVISORY CONTROL THEREOVER; PROVIDING .FOR APPEAL FROM THE ACTS OF SAID COMMISSION; PROVIDING FOR RECOMMENDATIONS BY SAID COI,MISSION AS TO FRANCHISES AFFECTING PORT PROPERTY; AND EXEMPTING THE CITY OF BEAUMONT FROM LIABILITY AND REPEALING FORM- ER ORDINANCES CREATING TIIE DOCK AND WHARF CCivKIISSION AND OFFICERS AND EMPLOYEES THEREOF. BE IT ORDAINED BY THE CITY COI1VTISSION OF THE CITY OF BEAUMONT, TEXAS: Section 1. There is hereby created The Port Commission, which shall be, and is hereby given, subject to supervision and control of the City Commission, jurisdiction in, and control, management and main- tenance of, docks, wharves, harbor facilities, terminals and other terminal or other facilities of the port and harbor of Beaumont, Texas. Section 2. The Port Commission shal-1 consist of the Mayor and the City Commissioners of the City of Beaumont, together with four other -wise non -office holding adult citizens of the City of Beau- mont, Texas, who shall be residents and qualified property tax- paying voters therein. The Mayor and City Commissioners of the City of Beaumont, Texas, shall, by virtue of their offices as such, be members of The Port Commission -for and during the tenure of their offices as Mayor. and City Commissioners respectively. The four other citizens who become members of The Port Commission shall serve as members.thereof for the term of two years from and after their respective appointments and qualifica- tions, two of whom shall be appointed immediately upon this ordi- nance going .into effect, and the other two members shall be appointed at the expiration of the terms of the two members of the present Dock and t`Vharf Commission, which terms expire in 1934, and thereafter two of such citizen members shall be appointed each two years. The members of the present Dock and u:rar -, Commission shall j continue to serve as members of The Port Co=mmission until their successors are appointed and qualify. Section 3. The members of The Port Comu«ission, with the exception of the Mayor and City Commissioners, who are members thereof by virtue of their offices., shall be appointed by the Mayor, with the approval and confirmation of the City Commission of the City of Beaumont, and all vacancies in The Port Commission shall be filled for the unexpir- ed term of office by appointment by the Mayor and with the approval and confirmation of the City Commission. s= -.. r ., #2. S Section 4. Each and every member of The Port Coimnission, Mayor and City Commissioners, shall, within fifteen days appointment, file. with the City Clerk his oath of office and failing to do so, such appointment shall be void and appointment made in lieu,thereof. except the after his - as such, another The members of The Port; Commission shall serve without compensation. Section 5. The Mayor of the City of Beaumont.shall be the Chairman of The Port Commission, and said Commission shall select a Vice - Chairman from among .the four citizens who -constitute members there- of., and not from, the members of -the City Commission serving thereon. The Chairman shall preside at all meetings, and shall have the right to vote on all questions coming before said body. In the absence of the Chairman; the Vice -Chairman shall preside over all meetings os" said C.ominission, and shall have the same power and authority as the Chairman. Section 6. The City Clerk of the City of Beaumont shall be the- Secre- tary of The Port Commission- It shall be -the duty of the Secretary of said Commission to keep a complete record of all proceedings of said Commission and authenticate all documents with the seal of said Commission,, and he shall perform such other duties as may be prescribed by the Commission or by ordinance. Section 7. The Port Conmission shall hold its meetings for the trans- action of business at the Commission and Council Chamber in the City Hall in the City of Beaumont, Texas, at least once each month at such tunes as it shall determine.- all of which meetings shall be open to the public, unless, by a -majority vote, the Commission shall decide to hold an executive session, and shall hold meetings at such other times as it -may desire. A majority of said Commission (at least four members) in- cluding its presiding officer, shall constitute a quorum for the transaction of business, and said Commission shall have the power to - make and adopt by-laws and -rules governing its members and -transaction of its business not inconsistent with.the Charter and Ordinances of the City of Beaumont. Section 8..i�. In addition to the powers and duties of The Port Commission that are, or may be, provided.b y Ordinance, said'Commission shall have -the power to- enforce- such ordinances and -to -make and enforce such rules and regulations as it may deem necessary for the proper control, management and maintenance of the harbor and port of Beau- mont, and all facilities and business therewith connected, subject-, however, to the supervisory control of the City Commission of Beau- mont. Section 9,-- The-Port .= The-Port Commission hereby created shall have the power, and it shall be its duty-, to compile and adopt Tariffs fixing the '1 1# #3. rates and charges governing all dock, wharf and other service and facilities rendered at the Beaumont docks and terminals, which Tariffs shall properly include all regulatory provisions governing the Beaumont harbor and port that are, or may-ki.mposed by ordinances or by rules and regulations of The Port Commission from time to time. Section 10. The Port Commission shall have the power to employ any and all port and harbor officers and other employees necessary for'the proper control, management, maintenance and administration of the port and harbor of Beaumont,tand to prescribe their duties and com- pensation and to suspend or discharge them, or either of them, at will. ' Section_ 11: All moneys and revenues derived or collected from the opera- tion of the wharves, docks and terminal facilities or business of the harbor and port of Beaumont, leases from lands within the limits thereof, services rendered through the use of any of the facilities, appurtenances or appliances thereof, or derived from any other source whatsoever by The PortlCommission, shall be deposited with the Director of Finance of the City of Beaumont to the credit of The Port Commission, or to some other appropriate account to be determined by such Commission, and disbursements shall be made therefrom only for the purposes permitted by the Charter of the City of Beaumont. Section 12. 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 complained of, which shall specify the grounds thereof, and shall be accompanied with such documents and other data -.as may be necessary for a proper understanding of the mat- ter by. the City Commission, and also with the pe tition to the Commission for such re -hearing. Section 13. Upon filing with the Clerk the protest and other matters mentioned in the preceding section, and upon consideration thereof by the City Commission, 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. Section 14'. All applications to the City Commission for franchises, for the operation of any business, facility or utility incident to, or in any manner affecting, the operation of the harbor and port of Beau - wont, shall be referred to The Port Comrn.ission for consideration and recommendation before the final granting thereof. The Port Commission shall make and return its recommendations thereon within thirty days from the submission thereof to it, unless the City Commission grants further time therefor. I .1 #4. - r Section 15. The Port Commission shall submit to the City Commission monthly a written report containing a complete statement of the operations of said Port Commission during -the preceding month, to- gether with an itemized statement of all revenues collected from any source whatsoever and of all disbursements made or ordered dur- ing the same period. Section 16. All action taken and business transacted by The Port Com- mission shall be subject to control and supervision of and by the City Commission, which body shall have general supervisory control thereover; Section 17. Neither the City of Beaumont nor The Port Commission shall be liable for or in any manner subject to any liability for the loss or damage to any cargo or freight of any -character being 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 sprinkler fire protec- tion system or fluid from fire extinguishers, the collapse of buildings, traffic .accidents resulting from the movement of vehicles, cars, hand trucks, or any other device or .appliance used in.the transportation and handling of such freight and cargo, the Acts of God, violence of the elements, the acts of destructive animals and insects such as' mice, weevils,. rats., moths, birds, etc., sweat, rust, mold, corrosion, decay, contamination, discoloration or shrinkage from any cause what- ever, nor for a_ny delay- to same arising from any such causes, or for any delay, loss or damage arising from combination or strikes -of any persons in the employ of the Commission or in the service of others nor for any consequences therefrom. , Steamship companies having freight on the wharves or in warehouses or other structures, the consignor or consignee thereof, will make his -own arrangements for proper watch -man service. Section 18. If any section or portion of this ordinance should, for any reason, be held invalid, the same shall not affect the remaining portions hereof, which shall remain in full force and effect. Section 19. n All ordinances heretofore enacted by the City of Beaumont, providing for or creating a Dock and Wharf Commission, Port Director, Harbor Master, or Traffic Manager or their employees for the Beaumont port or wharf front, are,hereby repealed, and this ordinance is in lieu thereof. Passed by the affirmative vote of all members of the City Commission, this the_x2z.Q_day of__,) U `yi A A. D. 1933. . --% 4S -, AN ORDINANCE . ENTITLED AN, ORDINANCE REPEALING SECTION 10 ':OF AN ORDINANCE ENTITLED "ENTITLED AN; ORDINANCE CREATING, THE. PORT COMMISSION FOR THE CITY .OF BEAUNI4NT, TEXAS; PROVIDING .FOR THE APPOINTMENT QUALIFICATION AND TERMS OF 'OFFICE OF MEMBERS THERE= OF,; DEFINING THE AUTHORITY.AND DUTIES OF SAID COMMISSION.-'GRANT'- ING THE CITY COMMISSION SUPERVISORY CONTROL TIIEREOVER;. PROVIDING, FOR APPEAL FRONT THE ACTS OF SAID COMMISSION; PROVIDING FOR RECOMIr1ENDATIONS BY SAID COMMISSION AS TO FRANCHISES AFFECTING . PORT PROPERTY; AND EXFIMPTING THE CITY OF BEAUMONT FROM LIABILITY AND REPEALING FORMER ORDINANCES CREATING THE, DOCK AND WHARF C a&ISSION AND .OFFICERS AND EMPLOYEES THEREOF," AND AMENDING SAID SECTION'SO AS TO PERMIT.THE PORT COMMISSION OF THE CITY OF BEAUMONT'TO ENTER INTO SUCH CONTRACTS'FOR THE PERSONAL SERVICES OF ITS EMPLOYEES' AS IT MAY DEEM ADVISABLE. BE IT ORDAINED BY THE CITY COM16iISSION OF TIM CITY OF BEAUMONT, TEXAS Section 1. That. the Port Commission , of . the ,City of Beaumont shall have the power to employ any and all port -:and- harbor officers and other'- emplo'yee's .nede:ssary for the proper control, management, maintenance and. administration of the port 'anal harbor of ,'Beaumont; and to prescribe their duti6s'arid compensation and to suspend or discharge them, or eit'he'r, or any 'of them, at wi hh,. except. 'as here- inafter provided. Section 2... 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 Commission of the City of Beaumont and by.' it- expressly 'approved and auth6rized by ,a resolution duly passed. Section 10 of 'an' ordinance passed on the 20th day of."June;. A.: D. 1933, creating the Fort 'C on for the No Text