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:
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a SECTION 1. There is hereby created a Port Authority to he known as the
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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
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and facilities including highways,
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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
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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
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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
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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