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BULLET St. Louis City Revised Code Chapter 21.10 Port District Rental and Lease Rates

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 21.10
Port District Rental and Lease Rates

Sections:

21.10.010 Applications to be recommended by Port Commission and Board of Public Service.
21.10.020 Base rental rate.
21.10.030 Adjustment of base rate.
21.10.040 Rates and adjustments to be in leases, contracts and agreements.
21.10.050 Amendment of ordinances.
21.10.060 Negotiation with users.
21.10.070 Leases not affected.
21.10.075 Lease forfeiture.
21.10.080 Power of Board of Aldermen.
21.10.090 Filing of applications.

For provisions on port district, see Ch. 26.116; for port authority commission, see Ch. 21.36

21.10.010 Applications to be recommended by Port Commission and Board of Public Service.

Pursuant to existing ordinances, applications for contracts, leases, permits or agreements relating to City-owned land and mooring within the port district are required to be recommended by the Port Commission and by the Board of Public Service. No such application and no proposed contract, lease, permit or agreement shall be recommended, approved, granted or let unless same shall contain an undertaking by the user to pay the base rental rate set out in Section 21.10.020 and any adjustment in such base rate as provided for in Section 21.10.030.
(Ord. 57933 1, 1979.)

21.10.020 Base rental rate.

Until changed by further ordinance, the base rental rate for all land owned by the City which is situated within the port district shall be $0.0750 per square foot, and the mooring rate shall be $7.50 per linear foot, each rate on an annual basis.
(Ord. 57933 2, 1979.)

21.10.030 Adjustment of base rate.

The base rate as set out in Section 21.10.020 may be adjusted at five-year intervals beginning January 1, 1984, upon recommendation of the Port Commission and approval of the Board of Public Service. No such recommendation by the Port Commission may be made unless within 180 days before the January 1, on which the adjusted rate is to become effective, the Port Commission shall conduct a public hearing with due notice to the public and to City-owned land and mooring users. The maximum adjustment which can be recommended and approved shall be twenty-five percent of the base rates set out in Section 21.10.020. Each adjustment shall be added to the base rate plus any previous adjustments and the resultant rate shall be called the current adjusted base rate. If the recommended adjustment to the base rate by the Port Commission and the Board of Public Service is in excess of 15%, the recommended raise of rate shall be approved by resolution of the Board of Aldermen. If the Board of Aldermen fail to act before the effective date of the rate, the rate then shall be automatically adjusted by 15%.
(Ord. 57933 3, 1979.)

21.10.040 Rates and adjustments to be in leases, contracts and agreements.

The rental or lease rates and adjustments thereto and procedures applicable to rate setting all as set out in Sections 21.10.020 and 21.10.030 shall:

A. Be contained in all proposed leases, contracts, or agreements which shall be proposed to the Board of Aldermen by the Port Commission and the Board of Public Service; and

B. Apply to all existing leases that contain a five-year renegotiation clause where the five-year period has elapsed and the rates are therefore subject to renegotiation, and to all existing leases which provide for automatic adjustments in rates on a year to year or month to month basis, all as set out in Appendix I; and

C. Apply to all franchises where the original period of the agreement has expired and the terms of the tenancy are negotiable as to period and/or rental rates, all as specifically set out in Appendix II;

D. Apply to all users of land or mooring under permits which are in effect on November 19, 1979, all as specifically set out in Appendix III;

E. Apply to all permits for the use of land or mooring which may hereafter be recommended by the Port Commission and approved by the Board of Public Service, while this chapter is in effect.
(Ord. 57933 4, 1979.)

21.10.050 Amendment of ordinances.

Ordinances authorizing the leases set out in Appendices I, II, and III, as referred to in Section 21.10.040, are amended in such respects as may be necessary to carry out the rate structure contained in this chapter; provided however, that any leaseholder, or permit holder set out in Appendices I, II, and III, whose rates are already at $7.50 and $0.0750 or higher and subject to escalation each year, may elect to be bound instead by the rate structure of his lease for the remaining term of said lease, and provided further, than any tenant or permittee designated in Appendices I, II and III may elect not to pay the new rates and instead to vacate the premises within ninety days after November 19, 1979.
(Ord. 57933 5, 1979.)

21.10.060 Negotiation with users.

The Port Administrator is authorized and directed to immediately begin negotiations with respect to all users listed in Appendices II and III, and to present proposals for new leases for such property, or a recommendation to the Commissioner and Board of Public Service for disposition that shall be consistent with the port development plans of the City and the Port Commission within twelve months from November 19, 1979.
(Ord. 57933 6, 1979.)

21.10.070 Leases not affected.

Notwithstanding Section 21.10.050, current leases which contain a renegotiation clause which limits the amount of any rate increase to 10%, will not be affected by this chapter. Further, this chapter shall not be deemed to impair or reduce the City's obligations under any lease, contract, or agreement currently in effect. Provided however, the Port Commission may not recommend, and the Board of Public Service may not approve any renewal, amendment, or extension of any lease, contract, agreement or permit pertaining to the rental of City-owned land within the port district, or any mooring, unless such proposal contains an undertaking and provides for the payment of rent under the system set out in this chapter.
(Ord. 57933 7, 1979.)

21.10.075 Lease forfeiture.

The Port Authority is hereby directed to include the following in each of its future leases for land and mooring on the improved wharf:

"In the event lessee's business fails for any reason for any period beyond one year, this lease shall be forfeited."
(Ord. 60106 1, 1986.)

21.10.080 Power of Board of Aldermen.

Nothing in this chapter shall be deemed to limit the power of the Board of Aldermen to repeal or modify the rates or methods of adjustment of rates by duly enacted ordinance except that no such change shall be retroactive, or modify any lease or agreement which has been authorized and executed and is in its stated term, except with agreement of the lessee.
(Ord. 57933 8, 1979.)

21.10.090 Filing of applications.

Any application for use of any City-owned land or mooring within the port district by lease, agreement, permit or purchase shall first be filed with the Secretary of the Board of Public Service. Such secretary shall record the application and forward all materials to the Port Administrator for review and development. Said secretary shall also notify the President of the Board of Public Service and the Street Director and other interested City Agencies, of the pendency of said application. The Port Administrator shall present all such applications to the Port Commission along with a staff report regarding compliance with City, State and Federal requirements and an assessment of the economic impact of the project and of the project's consistency with economic objectives of port related development and drafts of required ordinances, if any. When the application received and recommended by the Port Commission, it shall be forwarded to the board of public service by the chairman or by the port administrator. The president of the board of public service may request further staff analysis from any city department before action is taken by the board of public service. Such analysis and additional requirements, if any, shall be sent to the port authority for its input and sent back to the board of public service with the port authority recommendation. If the board of public service shall approve, then a permit may be issued, or a lease ordinance recommended to the board of aldermen, subject to whatever reasonable conditions as may have been attached thereto by the port commission or board of public service. Monitoring of any lease or permit issued under this chapter shall be accomplished by the port administrator, who shall request the assistance of appropriate city agencies when such assistance is necessary to carry out all city ordinances, state or federal regulations, which might apply to the transaction, or which may be appropriate in the circumstances in order to protect the life, health or property of citizens, or to further the economic development of the city.
(Ord. 57933 9, 1979.)

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