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BULLET St. Louis City Revised Code Chapter 21.08 Leasing Unimproved Wharves

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 21.08
Leasing Unimproved Wharves

Sections:

21.08.010 Leases to provide for roadway.
21.08.020 Permits.
21.08.030 Leases for five years or less.
21.08.040 Leases for more than five years.
21.08.050 Modification clause.
21.08.060 Unimproved and improved wharf defined.
21.08.070 Consideration of future uses.
21.08.080 Advertisement for proposals.

Prior ordinance history:

Ord. 51391

Editor's Note:

The procedures outlined in this chapter and Ch. 21.12 shall apply only to property, quays and warehouses within the port district owned by the city and not to property, quays and warehouses owned by the port authority.

Cases:

Improper delegation of authority to lease entire wharf--contract for operation of wharf invalid--improper delegation of legislative authority. Mathews v. City of Alexandria, 69 Mo. 115 (1878).

Limited right of re-entry--long-term lease held valid. Belcher Sugar Refining Company v. St. Louis Grain Elevator Company, 13 S.W. 822 (Mo. 1890).

City Counselor Ops.: 9996, 10270

21.08.010 Leases to provide for roadway.

All leases of parts of the unimproved wharf, unless specially provided otherwise, shall give the use and control of the grounds leased to the lessee, subject to the condition that the lessee shall leave an unobstructed roadway, not less than twenty-five feet on each side of the flood wall or levee.
(Ord. 56707 1 (part), 1974: 1960 C. 291.010.)

V.A.M.S.:

237.210 Cities may lease wharf, etc.

21.08.020 Permits.

A. The Board of Public Service upon recommendation of the Port Authority Commission may allow portions of the unimproved wharf and mooring on the improved wharf, owned by the City and not immediately needed for general public use to be used temporarily and occupied on such terms and conditions as the Board may deem proper. No such permit may be issued for a period longer than one year and such permits may be revoked by the Board upon one month's notice.

B. Fees established for such permits shall take into consideration the recommended rates of the Port Authority Commission and the total amount of such fees shall be collected in advance for the entire length of time for which the permit is issued.
(Ord. 57326 6, 1977: prior Ord. 56707 1 (part), 1974: 1960 C. 291.020.)

21.08.030 Leases for five years or less.

Any person desiring to lease a portion of the unimproved public wharf or any person desiring to lease mooring rights along any portion of the improved public wharf for a period of not more than five years shall file an application with the Board of Public Service. This application shall state the name of the person desiring the lease, the terms, conditions, and duration thereof, the yearly price to be paid, and the purpose for which the area is to be used or occupied. An accurate plat of the location and boundaries of the parcel to be used shall be attached thereto and form a part thereof in the number of copies as specified by the Director of Streets. Upon recommendation of the Port Authority Commission and approval of the Board of Public Service, a notice shall be posted for a period of ten days in or adjacent to the area to be leased. If after posting, no protest is received, a draft of the ordinance shall be introduced authorizing the lease. Any protests received during posting will be heard by the Board of Public Service before taking final action and drafting the ordinance authorizing the lease.
(Ord. 57326 7 (part), 1977; prior: Ord. 56707 1 (part), 1974: Ord. 55558 1, 2, 1970: 1960 C. 291.030.)

City Counselor Ops.: 8748, 9078

21.08.040 Leases for more than five years.

No lease of any portion of the unimproved public wharf and no lease of mooring rights along any portion of the improved public wharf for a period longer than five years shall be authorized except by ordinance approved by the Port Authority Commission and the Board of Public Service after application for the lease. This application shall specify the name of the person desiring the lease, the terms and conditions thereof, the yearly price to be paid, the duration of the lease and the purpose for which the area is to be used or occupied. An accurate plat of the location and boundaries of the area to be leased shall be attached thereto and form a part thereof, in the number of copies as specified by the Director of Streets. Upon approval of the Board of Public Service a notice shall be posted for a period of ten days in or adjacent to the area to be leased. If after posting, no protest is received, a draft of the ordinance shall be introduced authorizing the lease. Any protests received during posting will be heard by the Board of Public Service before taking final action and drafting the ordinance authorizing the lease.
(Ord. 57326 7 (part), 1977; prior: Ord. 56707 1 (part), 1974: Ord. 55526 1, 2, 1970: 1960 C. 291.040.)

City Counselor Ops.: 8748, 9078

21.08.050 Modification clause.

All leases shall contain clauses reserving the right of the City to modify, amend or cancel a lease in the event the premises are needed for right-of-way, sewer or floodwall construction purposes or any other municipal purposes or use. Municipal purposes or use shall include economic development in the port district.
(Ord. 57326 7 (part), 1977; prior: Ord. 56707 1 (part), 1974: 1960 C. 291.050.)

21.08.060 Unimproved and improved wharf defined.

For the purpose of determining the portions of the public wharf that may be released as provided in this chapter, the term "unimproved wharf" as used in this chapter means all land, riverbanks and beach dedicated, condemned, or belonging to the City for wharf purposes within the City, excluding that portion of the public wharf designated as the "improved wharf" lying within the following described boundaries:

A portion of the public wharf bounded on the north by a line parallel to the south curb of Biddle, approximately station 388+33.42 on the Floodwall; bounded on the south by a line parallel to the north curb of Chouteau Avenue and distant 400 feet more or less north therefrom along the Floodwall, approximately station 14+20 on the Floodwall; bounded on the west by the east curb of Leonor K. Sullivan Dr.
(Ord. 59706 2, 1986: prior: Ord. 56707 1 (part), 1974: Ord. 53225 1, 1965: 1960 C. 291.060.)

21.08.070 Consideration of future uses.

In recommending land leases, the Port Authority Commission and the Board of Public Service shall consider future needs of the lessee for mooring rights and in granting mooring leases shall consider future uses of the land in order to avoid preventing future needs or use of the land or the mooring.
(Ord. 57326 7 (part), 1977; prior: Ord. 56707 1, (part), 1974: 1960 C. 291.070.)

21.08.080 Advertisement for proposals.

A. The Port Authority Commission of the City of St. Louis is hereby authorized and directed, within six months prior to the expiration, execution or renewal of any lease on the unimproved wharf, to advertise for proposals on behalf of the City of St. Louis in newspapers, of general circulation, the City Journal and trade journals of national publication including, but not limited to, the Waterway Journal.

B. The provisions of subsection A of this section shall not apply to any portion of the unimproved wharf which is subject to the terms and conditions of a lease unless: (1) such lease is subsequently terminated by the lessee or lessor according to the terms of such lease; (2) the lessee is in default; or (3) the lease is abandoned by the lessee.

C. Notwithstanding any provisions to the contrary, the provisions of this section shall not apply to any leases, land or mooring rights involving the St. Louis Municipal Dock.
(Ord. 66275 2--4, 2004: prior: Ord. 61755 1, 1989.)

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