ORD NO 04-1961 ORDINANCE N0. 4 -1961
AN ORDINANCE AUTHORIZING AND CREATING A VAN BLIREN PORT AUTHORITY:
DEFINING ITS PURPOSE: PROVIDING FOR THE METHOD OE APPOINTMENT
TERMS OF OFFICE, POWERS AND DUTIES THEREOF: AND FOR OTHER
PURPOSES.
Now, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN, ARKANSAS:
SECTION 1. That pursuant to the terms and provisions of
Arkansas Statutes, Chapter 19, Sections 2720 to 2731, there is
hereby established and created a Commission to be known as the
V_.n Buren Port Authority, consisting of and governed by a board
of five (5) members who are qualified electors residing in the
municipality of Van Buren.. The Mayor of the City of Van Buren
will be one of the board members and shall also act as Chairman,
SECTION 2. Said board members shall be nominated by the
Mayor, and such nominations to the Port Authority, hereinafter
referred to for convenience as the Authority, shall be confirmed
by the City Council. These members of the Authority shall hold
office for a term of five (5) years, provided that the board
members first appointed shall serve for terms of two (2), three
(3), four (4), and.ffve (5), years respectively so that the term
of one member shall expire each year, except for one year in
every five, after the creation of said Authority and thereafter,
upon the expiration of their respective terms, their successors
shall be appointed for a term of five (5) years. The members
of the Authority shall receive no compensation for their ser'
and the Authority shall elect one of their number as Vice
Chairman, and shall elect a Secretary and Treasurer, who need not
necessarily be members 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 expanse of
said Authority.. No member of said Board shall engage financially
in any navigational or river part enterprise while a member iE
said Board.
SECTION 3. Any member of the Authority appointed by the
provisions of this ordinance may be removed by the Mayor, provided
such removal is approved by the City Council.
SECTION 4: Said Authority shall be an instrumentality of
the City of Van Buren for the accomplishment of the following
general purposes:
A. To develop, improve or maintain Harbors, Ports, River -rail
or Barge Terminals in or near onay city of incorporated town in
the State of Arkansas, as they may deem feasible for the more
expeditious and efficient handling of waterborne commerce from
and 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, Rivur -rail or Barge
Terminals and to improve such portions of the waterways thereat
as are not within the jurisdiction of the Federal Government,
C. To fostur and stimulate the shipment of freight and commerce
throughout said Ports, Harbors, River -rail and Berge Terminals,
w'hsthe.r originating within or without the State of Arkansas,
includ ±no thu investigation and handling of matters pertaining to
ofl tr'rnsnu:,tation totes and rate structures affecting thu same.
To cooperate with the United States of America and any other
agency, department, corporation or instrumentality thereof in the
nt ?r:unce development, improvement and use of said Harbors,
Voris, River- -rail or Barge Terminals in connection with the
furtherance of the operation and needs of the United States.
E. To accept funds from any sources and to use the same in such
manner, within tha pruposes of said Authority, as shall be
stipulated by the source form which received, and to act as.
agent or instrumentality for the City of Van Buren in any matter
coming within the general purposes of said Authority.
F. To act as agent for the United States of America or any
egency, corporation or instrumentality thereof, in,
any matter coming within the pruposes or powers of the Authority.
G, And in general to do and perform any act or function which may
tend to or be useful toward the development and improvement of
said Harbors, Forts, River -rail or Barge Terminals of the city
and to increase the movement of waterbrone commerce, foreign
and domestic, through said Harbors, Ports, River -rail and Barge
Terminals.
The enumeration of the above purposes shall not limit or
circumscribe the broad objective of developing to the utmost the
port possibilities of the City of Van Buren, Arkansas,
SECTION 5. In order to enable the City of Van Buren to
curry out the purposes of Act No. 167 of the Acts of Arkansas
of 1947, the said 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 common seal.
B. Be authorized and empowered to rent, lease, buy, own,
acquire, mortgage, otherwise encumber and dispose of such
0 property, real or personal, as said Authority mny deem proper to
carry out the pruposes and provisions of this ordinance, all or
any of them.
C. Be authorized and empowered to acquire, construct,
maintain, equip and operate any wharves, docks, peirs, quays,
elevators, compresses, refrigeration storage plants, warehouses
and other structures and any and all facilities needful for the
convenient use of the sr :me in aid of commerce, including the
dredging of approaches thereto, and theaconstruction of?belt
liia:e rods 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. Appoint and.employ and dismiss at pleasure, such employees
as may he selected by the Authority Board, and to fix and pay the
compensation thereof.
E. Est-blish an office for tho transaction of its Winces
at such place or places as, in the opinion of the Authority,
shell be advisable or necessary in carrying cut thu purposes of
this Ordinance.
F. Be authorized and empowered to create and operate such
agencies and departments as said board may deem necessary or
useful for the furtherance of any of the purposes of this Ord. .ance.
G. Be authorized and empowered pay all necessary costs and
expenses involved in an incident to the formation dnd.organiion
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 accomp7.ihn-
ing the purposes of this ordinance.
H. Be authorized and empowered to act as cgen for the
United States of America, or agency, department, corporation or
instrumentality thereof, in any matter coming within the pur Pse
or powers of the Authority.
I. Have the power to adopt, altor or repeal its own by
laws, rules and regulations governing the manner in which its
business may be transacted and in which the power granteLto it
may be enjoyed, and may provide for the appointment of such
committees and the function thereof, as the Authority may doom
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 r
done, whether or not included in the general powers in this
section mentioned; and,
K. Bo authorized and empowered to do any and all thinga
necessary to accomplish tho 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 6. The said 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 Authoriy.
SECTION 7. All revenues derived from the operation of the
Port Authority, after paying the operation expenses and mainten.ence,
shall be set aside and used for additional improvements, reserves
for depreciation and /or for the retirement of bonds and interest
thereon issued by the Ci.:y Council of the City of Van Buren for
the purposes herein above enumerated in the manner now provided
by law, All Authority funds shall be deposited in a bank cr banks
to be designated by the Authority. Funds of the Authority shell
be paid out only upon warrants signed by the treas of the
Authority and countersigned by the Chairman or the v 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 8. The Authority shall meet upon the ci11 of its
Chairman and a majority of all its members shall constitute a
quorum for the.transacticn of business.
SECTION 9. Said Authority shall keep o record of all
revenues and expenditures of the Authority, its related properties
and facilities and shall submit monthly reports to the City
Council. It shell be the duty of the Authority to prepare and
file an annual report of the financial affairs and conditions of
said Authority annually between January 1st and January 31st;
the said report shall be filed in tha office of the City Clerk
and said report will be published in some newspaper published in
the City of Van Buren and shall show a complete financial
statement of all moneys received and disbursed by the A thority
during 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 sh. -11 show the
complete financial condition of the Authority.
SECTION 10. The Authority shall submit to the City annually,
prier to the preparation of the Minicipal Budget, the amount of
funds necessary for maintenance, operation and management of the
Authority, its related properties and facilities, above the
estimated revenue and the funds remaining on hand.
SECTION 11. The said Authority shall have the power to
promulgate and enforce the rules and regulations governing the
matters and things over which said Authority has jurisdiction and
0 control and there is hereby expressly conferred upon said Authority
police powers to enforce the rules and regulations and orders of
said Authority in order to carry out and effectuate the authority
and duties of Laid Authority and such police power mn.• b<< exercised
by said Authority through its duly authority a unts.
5'
SECTION 12. The Port Authority shall have trio p•;c_: fr
regulate the movement and speed of vessels, to est :h1- nnoHrr7ge
areas, harbor lines and grading of slopes of banks ono, i..
prohibit filling or dumping in violation of such ostabii:,fr:;c nos
and grades within or without the corporate limits of the -ity
of Van Buren; to prohibit pollution of harbor water by the
discharge of waste or oils wherein; and provide for necossaty
_flood controls and developing of harbor areas for public pers
and paints of scenic beauty,
5ECTIDN 13, The Authority shall be empowered to fix futon.
charges and wharfage end grant permits for the use of the rear
and Port facilities.
SECTTLN 14, The Civil Service laws shall nut apps, ta the
employees of the aid Port Authority, its related prn?r:::rt_. _r= and
facilities,
SECTION 15, If any section or prevision of this arriSPafse
shall be held to be unconstitutional, such holding shell not
render the remaining sections or provisions of this erdioanha
unconstitutional or affect the validity of same,
SECTION '16, All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 17. The City Council has determined the c..•.,o'_il.ish
ment of Port Authority is one of urgency and neccssit cad fha
public weca,_ slf re requiring ring it, this ordinance shall be affect
from and after its passage and approval.
PASSED AND APPROVED THIS 3rd DAY DE
Allen R. Toothe krr__,- '_?.1_,.._,_...,,,
MAYOR
ATTEST:
Tema L Cruft0n.__15_)�
CITY CLERK
0