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10957ORDINANCE NO. 10,9957 AN ORDINANCE CREATING THE LITTLE ROCK PORT AUTHORITY; PROVIDING FOR THE METHOD OF APPOINTMENT, TERMS OF OFFICE, POWERS AND DUTIES THEREOF; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: 0 a SECTION 1. There is hereby created a Port Authority to he known as the I c Little Rock Port Authority consisting of and governed by a board of five (5) { o members who are qualified electors residing in the municipality. M SECTION 2. Said board members shall be nominated by the City Manager and g Confirmed by the Board of Directors, and shall hold office for a term-of `five (5) years, provided that the board members first appointed shall serve for terms of one (1), two (2), three (3), four (4), and five (5) years re- spectively so that the term of one (1) member shall expire each year after the creation of said Port Authority and thereafter upon the expiration of their respective terms their successors shall be appointed for a term of five (5) years. The Chairman of the said Board shall be named by the appointing auth- ority herein provided for. The members of the Board shall receive no compensa- tion for their services. The board shall elect one of their number as Vice . Chairman, and shall elect a Secretary and a Treasurer, who need not necessarily be fibers of the Board. The Authority shall require a surety bond of the person appointed Treasurer in such amount as the Authority may fix, and the premium or premiums thereon shall be paid by said Authority as a necessary expense of said Authority. No member of said Board shall engage financially in any navigational or river port enterprise while a member of said Board. SECTION 3. Any member of the Board appointed by the provisions of this ordinance may be removed by the City Manager, provided such removal is ap- proved by the Board of Directors. SECTION 4. The Little Rock Port Authority herein above created may en- gage in promoting, developing, constructing, equipping, maintaining and operating the Harbors, Ports, River -rail terminals or Barge terminals and works of internal improvements incident thereto, within or without the corporate limits of the City, including the acquisition, construction, main- tenance and operation of such Harbors, Ports, River -rail or Barge Terminals j and facilities including highways, DOo -tt -2- railroads, bridges, or other facilities necessary or essential for the proper operation thereof. Section 5. Said Port Authority shall be an instrumental- ity of the City of Little Rock for the accomplishment of the follow- ing general purposes: A. To develop, improve or maintain Harbors, Ports, River -nail or Barge Terminals in or near any city or incorporated town in the State of Arkansas as they may deem feasible for the more expeditious and efficient handling of waterborne com_erce from and to any other part of the State of Arkansas or any other State or States or Foreign Countries. B. To acquire, construct, equip, maintain, develop and improve the facilities at said Ports, harbors, River -rail or Barge Terminals and to improve such portions of the waterways there- at as are not within the jurisdiction of the Federal government. C. To foster and stimul=ate the shipment of freight and commerce through said Ports, Harbors, River -rail and Barge Terminals, whether originating within or without the State of Arkansas, including the investigation and handling of matters per- taining to all transportation rates and rate structures affecting the same. D. To cooperate with the United States of America and any other agency, department, corperation or instrumentality thereof in the maintenance, develo:nnent, improvement and use of said Harbors, Ports, River -rail or Barge Terminals in connection with the furtherance of the operation and needs of the United States. F. To accept funds from any sources and to use the same in such manner, within the purposes of said Authority, as shall be stipulated by the source from which received, and to act as agent or instrumentality for the City of Little hock in any matter coming within the general purposes of said Authority. F. To act as agent for the United States of America or any agency, department, corporation or instrumentality thereof, in any matter coming within the purposes or powers of the Authority. G. And in general to do a,id perform any act or function which m2.y tend to or be useful toward the development and r IIMI improvement of said .'iarbors, Ports, River -rail or 3arce Terminals of the City and to increase the movement of waterborne commerce, foreign and domestic, through said Harbors, Ports, River -rail and Barge Terra - inals . The enumeration of the above purposes shall not limit or circur,iscribe the broad objective of developing to the utmost the Port possibilities of the City of Little Rock, Section 6. Said Port authority shall: A, Have the powers of a body corporate, including the power to sue and be sued, to make contracts, and to adopt and use a coruaon seal. B. Be authorized and empowered to rent, lease, buy, own, acquire, .arrta_ , otherwise encumber, and dispose of such property, real or personal, as said authority may deem proper to carry out the purposes and provisions of this ordinance, all or any of then. C. Be authorized and empowered to acquire, construct, maintain, equip and operate any wharves, docks, piers, quays, elevators compresses, refrigeration storage plants, warehouses and other structures and any and all facilities needful for the convenient use of the sane in aid of comrierce, including the dredging of approaches thereto, and the construction of belt line roads and causeways necessary or useful in connection therewith, and shipyards, shipping facilities, and transportation facilities incident thereto and useful and convenient for the use thereof, including terminal railroads. D. tippoint and employ and dismiss at pleasure, such emDloyees as may be selected by the Authority Board, and to fix and pay the compensation thereof. 3. Establish an office for the transaction of its business at such place or places as, in the opinion of the -authority, shall be advisable or necessary in carrying out the purposes of this ordinance. F. Be authorized and ei:inowered to create and operate such agencies and departEiients as said board may deem necessary or useful for the furtherance of any of the purposes of this ordinance. G. Be authorized and eixoowered to Day all necessary r� 3 costs and expenses involved in and incident to the formation and organization of said Authority, and incident to the administration and operation thereof and to pay all other costs and expenses reasonably necessary or expedient in carrying out and accomplishing the purposes of this ordinance. H. Be authorized and empowered to act as agent for the United States of America, or agency, department, corporation, or instrumentality thereof, in any matter coming within the purposes or powers of the Authority. I. Have the power to adopt, alter or repeal its own by -laws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, and may provide for the appointment of such committees, and the function thereof, as the Authority may deem necessary or expedient in facilitation of its business. J. Be authorized and empowered to do any and all other acts and things in this ordinance authorized or required to be done, whether or not included in the general powers in this section mentioned; and K. Be authorized and empowered to do any and all things necessary to accomplish the purposes of this ordinance; provided, that said Authority shall not engage in shipbuilding. The property of the Authority shall not be subject to any taxes or assessments thereon. Section 7. The said Port Authority shall in addition to the above enumerated powers, have the power of eminent domain and such other and further powers as are now by law given to a Port Authority, and said Authority shall be governed by all existing statutes pertaining to the duties and powers of a Port Authority. Section 8. All revenue derived from the operation of the Port Authority, after paying the operation expenses and maintenance, shall be set aside and used for additional improvements, reserves for depreciation, or for the retirement of bonds and interest there- on issued by the Board of Directors of the City of Little Rock for the purposes herein above enumerated in the manner now provided by law. All "uthority funds shall be de»osited in a bank or banks to -5- be desi?nated by the authority. Funds of the Authority shall be paid out only upon warrants signed by the treasurer of the Authority and countersigned by the chairman or the acting chairman. No warrants shall be drawn or issued disbursing any of the funds of the Authority except for a purpose authorized by this ordinance and only when the account or expenditure for which the same is to be given in payment has been audited and approved by the Authority. Section 9. Said Port Authority shall keep a record of all revenues and expenditures of the Port ?uthority, its related proper- ties and facilities, and shall submit monthly reports to the Board of Directors of the City. It shall be the duty of the Board of the Port of Authority to prepare and file an annual report of the finan- cial affairs and conditions of said Port Authority, its related properties and facilities, annually between the 15th day of January and the 1st Monday in February thereafter; the said report shall be filed in the office of the Clerk of the City and said report shall be published in some newspaper published in the City of Little Rock and shall show a complete financial statement of all moneys received and disbursed by the Authority duri nr the preceding year. Such statement shall show the several sources from which funds were received, and the balance on hand at the time of publishing the statement, and shall show the complete financial condition of the Authority. Section 10. The said Port Authority shall submit to the City an-:_ually before the City prepares its budget, the amount of funds necessary for maintenance, operation, and management of the Port Authority, its related properties and facilities, above the estimated revenue and the funds remaining on hand. Section 11. The said hoard of the Little Hock Port Authority shall meet at least -monthly, but other meetings may be held at any time by the said Board or upon call of the Board of Directors of the City. Section 12. The Civil Service laws shall not apply to the employees of the said Port Authority, its related properties and facilities. Section 13. If any section or provision of this ordinance shall be held to be unconstitutional, such hold.in� shall not render the remaining sections or provisions of this ordinance unconstitutional or affect the validity of same. Section 14. All ordinances or parts of ordinances in conflict herewith are hereby repealed. PASSED: duly 69 1959 ATTEST. ° �`�I�ee,sn -,,r/ APPROVED ' City Clerk Ma