Chapter 2.145
PORT AUTHORITY OF EVANSVILLE
Sections:
2.145.080 Expenditure of funds.
2.145.010 Creation.
Pursuant to IC 8-10-5-1 et seq., there is hereby created a port authority known as the Port Authority of Evansville, which shall be a body corporate and politic and which shall have the powers and jurisdiction as set forth by law. The exercise by the Port Authority of Evansville of its powers shall be deemed to be essential governmental functions of the State. [Ord. G-82-21, passed 5-10-82; Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 37, § 1; 1982 Code § 30.450; 1983 Code § 3.30.450.]
2.145.020 Purpose.
The purpose of this chapter is to encourage the participation of private enterprise and to assist such enterprise in the development of the economic capabilities of water-related facilities, excluding any facility that would contribute to or cause a violation of any local, State, or Federal environmental statute or regulation. [Ord. G-82-21, passed 5-10-82; Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 37, § 2; 1982 Code § 30.451; 1983 Code § 3.30.451.]
2.145.030 Definitions.
As used in this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“Port” or “harbor” may be used interchangeably and, when used in this chapter, shall mean any area used for servicing, storing, protecting, mooring, loading or unloading, or repairing any watercraft on or adjacent to any body of water which may be wholly or partially within or wholly or partially adjacent to the State.
“Port Authority” means the Port Authority of Evansville.
“Publication” means publication once a week for two consecutive weeks in a newspaper of general circulation in the City.
“Watercraft” means any vessel, barge, boat, ship, tug, sailing craft, skiff, raft, inboard- or outboard-propelled boat, or any contrivance now known or hereafter invented, used, or designed for navigation of or use upon water. [Ord. G-82-21, passed 5-10-82; Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 37, § 3; 1982 Code § 30.452; 1983 Code § 3.30.452.]
2.145.040 Powers and duties.
The Port Authority of Evansville shall have those powers and duties set forth by law, namely, the power to:
(A) Make and enter into any and all contracts in the name of the City as such contracts may be necessary to effectuate the purpose of this chapter, without ratification thereof by any other board, body, or officer, unless ratification is otherwise expressly provided for.
(B) Sue and be sued.
(C) Plead and be impleaded.
(D) Advertise and solicit for the construction, operation and/or maintenance of any facility included in the development plan, and the power to cause certain facilities included in the development plan to be installed by private enterprise and leased back to the Port Authority on an installment contract or option to purchase as provided by IC 8-10-5-12, subject to the enactment of an ordinance by the Common Council of the City which includes detailed provisions regulating the exercise of these powers.
(E) Enter into such contracts or other arrangements with the United States Government or any department thereof, with persons, railroads, or other corporations, with public corporations, and with the State government of this or other states, with counties, municipalities, townships, or other governmental agencies created by or under the authority of the laws of this State, and to purchase, lease, or acquire land or other property in any county of this State and in adjoining states as such powers are limited and defined by IC 8-10-5-20.
(F) Purchase, construct, sell, lease, and operate docks, wharves, warehouses, piers, and other port, terminal, or transportation facilities within its jurisdiction consistent with the purposes of the Port Authority and to make charges for the use thereof.
(G) Straighten, deepen, and improve any canal, channel, river, stream, or other watercourse or way which may be necessary or proper in the development of the facilities of that port.
(H) Establish dock lines, piers, and other facilities necessary to the conduct of pleasure-boating within the territory under the jurisdiction of the Port Authority.
(I) Regulate the use of watercraft and vessels upon the waters under the jurisdiction of the Port Authority and determine the use of land adjacent to waters under the jurisdiction of the Port Authority within a reasonable distance from the shoreline of such waters.
(J) Acquire, own, hold, sell, lease, or operate real or personal property for the authorized purposes of the Port Authority.
(K) With the approval of the Common Council of the City, sell, lease, or enter into a royalty contract for the natural or mineral resources of the land which it owns. Monies received from these sources shall be deposited in the Nonreverting Capital Fund of the Port Authority.
(L) Apply to the proper authorities of the United States pursuant to appropriate laws for the right to establish, operate, and maintain foreign trade zones within the limits of the Port Authority and to establish, operate, and maintain such foreign trade zones.
(M) Exercise the right of eminent domain to appropriate any land, rights, rights-of-way, franchises, easements, or other property necessary or proper for the construction or the efficient operation of any facility of the port as such power is defined and limited by IC 8-10-5-8(G).
(N) Accept, receive, and receipt for Federal monies and other monies, either public or private, for the acquisition, construction, enlargement, improvement, maintenance, equipment, or operation of a port or harbor or other navigation facilities and the sites therefor and to comply with the provisions of the laws of the United States and any rules and regulations made thereunder for the expenditure of Federal monies upon such ports and other navigation facilities.
(O) Maintain such funds as it deems necessary.
(P) Direct its agents or employees, when properly identified in writing and after at least five days’ written notice, to enter upon lands within the confines of its jurisdiction in order to make surveys and examinations preliminary to location and construction of works for the purposes of the Port Authority without liability of the Port Authority or its agents or employees except for actual damage done.
(Q) Sell or lease real and personal property not needed for the operation of the Port Authority and grant easements or rights-of-way over property of the Port Authority.
(R) Promote, advertise, and publicize the port and its facilities; provide traffic information and rate information to shippers and shipping interests; and appear before rate-making authorities to represent and promote the interests of the port.
(S) Contract for, accept, or otherwise acquire and maintain railroad property and rights-of-way, and accept and expend funding from any source and issue revenue bonds for the construction, operation, and maintenance of the property and rights-of-way, and the lease or purchase of all necessary equipment and appurtenances to successfully operate the railroad over the rights-of-way, as such power is defined and limited by IC 8-10-5-8.1.
(T) By resolution of the board, recommend to the Common Council of the City that a Cumulative Channel Maintenance Fund be established and use the fund as such powers are defined and limited by IC 8-10-5-17. [Ord. G-82-21, passed 5-10-82; Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 37, § 4; 1982 Code § 30.453; 1983 Code § 3.30.453.]
2.145.050 Board of Directors.
(A) The Port Authority of Evansville shall be governed by a Board of Directors which shall be composed of seven persons who shall be appointed by the Mayor with the advice and consent of the Common Council. No more than four of the seven Directors shall be of the same political party. Directors may be removed by the Mayor at any time for misfeasance, nonfeasance, or malfeasance in office.
(B) Each Director shall have been a qualified elector of the political subdivision from which he is appointed for a period of at least three years next preceding his appointment.
(C) The initial Directors shall serve the following staggered terms: one Director shall serve for a term of one year; two Directors shall serve for terms of two years; two Directors shall serve for terms of three years; and two Directors shall serve for terms of four years. The Mayor shall designate the length of term of the initial Directors. Thereafter each successor shall serve for a term of four years, except that any person appointed to fill a vacancy shall be appointed only to the unexpired term and any Director shall be eligible for reappointment.
(D) The Directors shall elect one of their membership as chairman and another as vice-chairman, shall designate their terms of office, and shall appoint a secretary who need not be a Director.
(E) Before receiving any monies, the secretary of the Port Authority shall furnish bond in the amount determined by the Port Authority with sureties satisfactory to it. All funds coming into the hands of the secretary shall be deposited by the secretary to the account of the Port Authority in the same manner as is done by the City; further, these deposits shall be secured in the same manner as the funds of the City. No disbursement shall be made from such fund except in accordance with rules and regulations adopted by the Port Authority.
(F) A majority of the Board of Directors shall constitute a quorum, the affirmative vote of which shall be necessary for any action taken by the Port Authority. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and to perform all the duties of the Port Authority.
(G) Each member of the Board of Directors of the Port Authority shall be entitled to receive from the Port Authority the sum of money the Board of Directors may determine as compensation for his service as Director and reimbursement for his reasonable expenses in the performance of his duties.
(H) The Board of Directors may by resolution recommend to the Common Council of the City that they authorize general obligation mortgage or revenue bonds under the terms and conditions set forth by IC 8-10-5-8(D) and IC 8-10-5-13. [Ord. G-82-21, passed 5-10-82; Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 37, § 5; 1982 Code § 30.454; 1983 Code § 3.30.454.]
2.145.060 Employees.
(A) The Port Authority of Evansville shall employ and fix the qualifications, duties, and compensation of such employees and professional help as it may require to conduct the business of the port, subject to the personnel policy of the City.
(B) Any employee may be suspended or dismissed and the services of professional help may be terminated at any time by the Port Authority.
(C) The Port Authority may appoint an advisory board which shall serve without compensation. [Ord. G-82-21, passed 5-10-82; Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 37, § 6; 1982 Code § 30.455; 1983 Code § 3.30.455.]
2.145.070 Jurisdiction.
The area of jurisdiction of the Port Authority of Evansville shall include all of the territory of the City. [Ord. G-82-21, passed 5-10-82; Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 37, § 7; 1982 Code § 30.456; 1983 Code § 3.30.456.]
2.145.080 Expenditure of funds.
The City may expend funds not otherwise appropriated to defray the expense of surveys and examinations incidental to the purposes of the Port Authority. [Ord. G-82-21, passed 5-10-82; Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 37, § 8; 1982 Code § 30.457; 1983 Code § 3.30.457.]
2.145.090 Development plan.
The Board of Directors of the Port Authority of Evansville shall prepare or cause to be prepared a plan for the future development, construction, and improvement of the port and its facilities pursuant to IC 8-10-5-9, 8-10-5-10, and 8-10-5-11. [Ord. G-82-21, passed 5-10-82; Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 37, § 9; 1982 Code § 30.458; 1983 Code § 3.30.458.]
2.145.100 Bids on contracts.
Contracts for the creation, construction, operation, or repair of any building, structure, or other improvement undertaken by the Port Authority of Evansville shall be let in accordance with IC 36-1-12-1 et seq. No lease or sale of any lands or property shall be made by the Port Authority unless notice calling for bids for the same shall have been given by publication as defined in this chapter. No such lease or sale shall be made except to the highest and best bidder. In the case of any lease or sale of land by the Port Authority, specifications for the bids for the lease or sale shall be in the form and detail determined by the Port Authority. [Ord. G-82-21, passed 5-10-82; Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 37, § 10; 1982 Code § 30.459; 1983 Code § 3.30.459.]
2.145.110 Budget.
The Board of Directors of the Port Authority of Evansville shall annually prepare a budget for the Port Authority. The budget of the Port Authority of Evansville shall be annually reviewed by the Common Council of the City in the same manner as are the budgets of the executive departments of the City. Rents and charges received by the Port Authority shall be used for the general expenses of the Port Authority and to pay interest, amortization, and retirement charges on money borrowed. If there remains at the end of any calendar year any surplus of funds after providing for the above uses, the Board of Directors may pay the surplus into the General Fund of the City. [Ord. G-82-21, passed 5-10-82; Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 37, § 11; 1982 Code § 30.460; 1983 Code § 3.30.460.]
2.145.120 Dissolution.
Subject to making due provision for payment and performance of its obligations, the Port Authority of Evansville may be dissolved by the Common Council of the City by ordinance. In that event, the properties of the Port Authority shall be transferred to the City. [Ord. G-82-21, passed 5-10-82; Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 37, § 12; 1982 Code § 30.461; 1983 Code § 3.30.461.]
2.145.130 Controlling law.
This chapter is subject to the provisions of IC 8-10-5-1 and any additions or amendments thereto, the amendments or additions to be controlling. [Ord. G-82-21, passed 5-10-82; Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 37, § 13; 1982 Code § 30.462; 1983 Code § 3.30.462.]
2.145.140 Severability.
If any provision of this chapter or the application thereof as to any person or circumstances is invalid, such invalidity shall not affect the other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are declared to be severable. [Ord. G-82-21, passed 5-10-82; Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 37, § 14; 1982 Code § 30.463; 1983 Code § 3.30.463.]
2.145.150 Effective date.
This chapter shall be in full force and effect from and after its passage by the Common Council, its approval by the Mayor, and its publication, if any, required by law. [Ord. G-82-21, passed 5-10-82; Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 37, § 15; 1982 Code § 30.464; 1983 Code § 3.30.464.]