Chapter 2.40
PORT COMMISSION
Sections:
2.40.010 Commission established – Membership – Terms.
2.40.030 Authority to own and acquire property and contracting.
2.40.050 Promulgation of regulations.
2.40.060 General Manager and employees.
2.40.070 Establishment of rates and charges.
2.40.080 Saxman Seaport accounting procedures.
2.40.100 Berth regulations and privileges.
2.40.130 Payments of tariff charges.
2.40.140 Lost, abandoned or stolen vessels or property.
2.40.150 Fire code and safety.
2.40.160 Depositing property upon areas without permission prohibited.
2.40.170 Sale or solicitation of goods or services.
2.40.180 Expense of corrective actions.
2.40.010 Commission established – Membership – Terms.
(a) There is established the Saxman Port Commission, which shall consist of seven members who shall each hold office for a period of three years ending on the first Monday following the annual municipal general election, or until their successors have been appointed and have qualified. The members shall be appointed by the Mayor and confirmed by the City Council. The Port Commission shall consist of: two City Councilmembers; two Saxman residents, one of whom shall be recommended by the Saxman Indian Reorganization Act (IRA) Council; and three persons who shall be from the business community.
Initial appointments to the Port Commission shall be made such that three members are appointed for three-year terms, two members are appointed for two-year terms, and two members are appointed for one-year terms. Subsequent appointments to the Port Commission shall be made for three-year terms, or the remainder of terms remaining after a vacancy exists. The terms of no more than three members of the Port Commission shall expire in any year.
(b) The Port Commission shall conduct its meetings in accordance with Robert’s Rules of Order.
(c) If any member of the Port Commission is absent and unexcused from more than one-half of all meetings of the Commission, regular and special, held within any period of four consecutive months, he shall thereupon cease to hold office.
(d) The unexpired portion of any term remaining after a vacancy exists on the Commission shall be filled as the original appointment.
(e) The Commission, at its first meeting following the municipal annual election and the appointment and confirmation of the new members, shall elect from its own members a Chairman who shall serve for one year to preside over meetings.
(f)(1) Four members of the Commission shall constitute a quorum. Any number less than a quorum may adjourn to a later date.
(2) An affirmative vote of a majority of those present is required for a subject matter’s passage or enactment.
(g) Regular meetings of the Port Commission shall be held each month in the Saxman Seaport offices.
(h)(1) Special meetings of the Port Commission may be called by the Chairman, any two members of the Commission, or the Saxman Seaport Manager.
(2) Notice of special meetings shall be given in the same manner as special City Council meetings.
(i) The Port Commission may recess for the purpose of discussing, in a closed or executive session, any question authorized by law for such discussion which is expressed in the motion calling for the executive session, but final action shall not be taken by the Port Commission on any matter discussed in executive session until brought back into regular session. In all cases, the meeting must first be convened as a public meeting and the question of holding an executive session to discuss matters that come within the authorized exceptions of public agency meetings shall be determined by a majority vote of the body. No subjects may be considered at the executive session except those mentioned in the motion calling for the executive session unless auxiliary to the main question. [Ord. 05-84-001 § 1.0].
2.40.020 Jurisdiction.
(a) Subject to the paramount authority of the City Council, the Port Commission shall have jurisdiction, supervision and operational control of all aspects of Saxman Seaport, including matters regarding personnel.
(1) The Port Commission shall be responsible for all policy decisions relating to operations of the Saxman Seaport.
(2) The Port Commission shall be responsible for making recommendations to the City Council for capital improvements for planning purposes.
(3) The Port Commission shall be responsible for implementation and completion of approved capital improvement projects.
(4) The Port Commission shall be responsible for establishing a Seaport personnel policy manual.
(b) The Port Commission shall regulate the operation of Saxman Seaport by promulgating a terminal tariff containing rates, charges, rules and regulations applicable at the Saxman Seaport. This tariff is subject to the approval of the City Council.
(c) The City Council retains the exclusive powers of creating debts, applying for grants and planning capital improvements. [Ord. 05-84-001 § 2.0].
2.40.030 Authority to own and acquire property and contracting.
(a) The Port Commission shall have the power to acquire, in the name of the City, real and personal property and all rights incident thereto including tideland leases; enter into contracts; disburse monies collected from service charges of any nature and to take all necessary action in the furtherance of any of the powers expressly set out.
(b) Service charges established by the Commission or other fees or payments collected shall be disbursed in accordance with Port Commission accounting procedures; provided, however, that all proposed contracts for the purchase or sale of real property or any interest therein including tideland leases shall be executed only after the City Council has authorized such contracts. [Ord. 05-84-001 § 3.0].
2.40.040 Terminal operations.
The Port Commission shall regulate the manner in which Saxman Seaport is operated with reference to the safety and accommodation of the public. [Ord. 05-84-001 § 4.0].
2.40.050 Promulgation of regulations.
The Port Commission shall have the power to adopt such rules and regulations as may be necessary to carry out its duties under this chapter. [Ord. 05-84-001 § 5.0].
2.40.060 General Manager and employees.
(a) The Port Commission shall appoint the Saxman Seaport General Manager with the advice and consent of the City Council.
(b)(1) The Port Commission shall have authority over personnel matters involving the General Manager. This shall include jurisdiction over employment contracts, terms and salary subject to Council approval.
(2) All other positions and salaries shall be established in accordance with the position classification and pay plan established by the Port Commission.
(c) The General Manager is directly responsible to the Port Commission and shall:
(1) Be the chief administrator of the Saxman Seaport.
(2) Have authority over Seaport personnel matters and act in compliance with the established Seaport personnel policy.
(3) Perform the duties imposed by State or Federal law upon Harbormasters, Port Directors and Administrative Directors of harbors and ports.
(4) Regulate the use of all physical assets and improvements at Saxman Seaport.
(5) Present the annual budget to the Port Commission for approval prior to presentation to Saxman City Council and any line item modification in excess of 10 percent.
(6) Pay all expenses incurred, if within the approved budget, on a current basis without requiring further approval.
(7) Report monthly, to the Port Commission, the actual income and expenses compared to the budget figures.
(8) Not incur any expense not in the annual budget without prior approval of the Port Commission before being incurred unless of an emergency nature.
(9) Report all major emergency events to the Chairman of the Port Commission as soon as possible.
(10) Perform other duties as assigned by the Port Commission. [Ord. 05-84-001 § 6.0].
2.40.070 Establishment of rates and charges.
(a) The Port Commission shall fix the rates, charges and classifications to be charged for the use of any and all terminal or transportation facilities constructed on property under its jurisdiction, including charges assessed against vessels, their owners, agents or operators which load or discharge cargo within the area under the Commission’s jurisdiction; charges for berthage while loading or discharging cargo; and wharf demurrage rates.
(b) Such rates, charges and classifications shall be just and reasonable and shall be established and modified at a public hearing conducted by the Port Commission and notice specifying the time and place of hearing shall be given by at least one publication in a newspaper of general circulation in the City at least 15 days before the hearing.
(c) At the hearing, all public service corporations, associations, or individuals affected by or interested in the matters to be heard may be present and may be represented by counsel. The parties interested may make such presentations before the Port Commission either in person or by attorney as they consider proper, relating to the matters at issue, and thereafter the Port Commission shall proceed to prepare a schedule of rates to be submitted to the City Council at its next regular meeting. [Ord. 05-84-001 § 7.0].
2.40.080 Saxman Seaport accounting procedures.
(a) The Port Commission will implement an internal accounting policy manual for the Seaport.
(b) The Port Commission will be responsible for appointing an audit firm to conduct an annual audit of the Seaport. [Ord. 05-84-001 § 8.0].
2.40.090 Mooring.
Every vessel lying in the barge basin shall be made fast with head and stern lines in a manner approved by the General Manager. [Ord. 05-84-001 § 9.0].
2.40.100 Berth regulations and privileges.
The General Manager may execute long-term preferential berthing agreements subject to the approval of the Port Commission. A preferential berthing agreement extends to the privileged vessel a right to occupy a designated berth and does not preclude other vessels from using that berth when it is unoccupied. [Ord. 05-84-001 § 10.0].
2.40.110 Departures.
(a) The General Manager may direct a vessel to depart for the protection of persons or property, to ensure efficient use of the port, or in response to the vessel’s failure to remit required charges or tariffs.
(b) Upon the order of the General Manager, a vessel shall immediately vacate its berth so that a preferred vessel may berth there. Failure of a vessel to comply with such an order shall be a violation of this section and will subject the vessel to liability for all damages sustained by the preferred vessel. [Ord. 05-84-001 § 11.0].
2.40.120 Manifest.
The person in control of a vessel shall furnish the General Manager with a complete copy of the manifest showing all cargo loaded or discharged. An inbound manifest will be furnished prior to or at the time of the vessel’s arrival, and an outbound manifest will be furnished prior to or at the time of the vessel’s departure. [Ord. 05-84-001 § 12.0].
2.40.130 Payments of tariff charges.
(a) No vessel may leave Saxman Seaport before payment of all tariff charges incurred by the vessel, and such cargo as was discharged from or loaded upon that vessel has been tendered to the General Manager or such alternative arrangements as are satisfactory to the General Manager have been made.
(b) An owner, shipper, consignee or agent for cargo discharged from or loaded upon a vessel shall pay the tariff charges incurred with respect to that cargo. [Ord. 05-84-001 § 13.0].
2.40.140 Lost, abandoned or stolen vessels or property.
The General Manager may assume custody of apparently lost, abandoned or stolen vessels or any other property found within the Saxman Seaport; and may recover the costs incurred by it for recovery and storage of the vessel or property, if any, from the proceeds of sale. If the vessel or property is timely claimed by the owner, Saxman Seaport may require reimbursement for the costs incurred prior to releasing the property or vessel including administrative overhead incurred by Saxman Seaport. [Ord. 05-84-001 § 14.0].
2.40.150 Fire code and safety.
(a) All operations at the Saxman Seaport shall conform to the local fire code.
(b) No person may smoke while on a wharf or in the warehouse. A person in violation of this section shall be required to leave the area.
(c) No explosives may be transported between a wharf and vessel except with the permission of and pursuant to safety conditions imposed by the General Manager before any explosives are placed anywhere on the Saxman Seaport property.
(d) A vessel engaged in the business of supplying fuel oil may haul or lie alongside a vessel or wharf only for so long as is required to discharge the fuel oil.
(e) Bonfires and open fires are prohibited at Saxman Seaport.
(f) No person may bring welding equipment into or engage in welding activities at Saxman Seaport without prior permission from the General Manager. [Ord. 05-84-001 § 15.0].
2.40.160 Depositing property upon areas without permission prohibited.
No person may deposit cargo, merchandise, equipment, tools, or other property upon any area of Saxman Seaport without the permission of the General Manager or the lessee of that area of the facility, and such deposit must be in accordance with all rules and regulations of Saxman Seaport. [Ord. 05-84-001 § 16.0].
2.40.170 Sale or solicitation of goods or services.
No person may solicit the sale of goods or services without a written permit authorized by the Port Commission and issued by the General Manager. The permit may limit sale activities so as to prevent them from interfering with the safe and efficient operations of the facility as a whole. [Ord. 05-84-001 § 17.0].
2.40.180 Expense of corrective actions.
(a) If a vessel or person fails to comply with the provisions of this chapter, a rule or regulation promulgated pursuant to this chapter or an order of the General Manager, and the General Manager initiates corrective action, the vessel or person shall be liable for all expenses incurred in executing the corrective action.
(b) If the General Manager takes possession or control of a vessel or other property in the course of taking corrective action, such possession or control may be continued until such time as the expenses required by this chapter are paid. If expenses remain unpaid after 45 days, the General Manager may treat the vessel or property as abandoned and may proceed to sell or otherwise dispose of such property.
(c) Initiation or corrective action under this section is a discretionary function of the General Manager. [Ord. 05-84-001 § 18.0].
2.40.190 Facility damage.
Any person who damages any property owned by the Saxman Seaport shall be strictly liable to the Saxman Seaport without regard to fault or negligence for all costs incurred by the Saxman Seaport in repairing or replacing the damaged property, including administrative overhead. [Ord. 05-84-001 § 19.0].
2.40.200 Stipend.
Each Port Commission member shall receive a stipend for each regular or special meeting attended by that member. [Ord. 05-84-001 § 20.0].
2.40.210 Amendments.
The ordinance codified in this chapter may be amended by the City Council after recommendation by the Port Commission. [Ord. 05-84-001 § 21.0].