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BULLET St. Louis City Revised Code Chapter 21.12 Municipal Quays and Warehouses

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 21.12
Municipal Quays and Warehouses

Sections:

21.12.010 Definitions.
21.12.020 Supervision by department of streets.
21.12.030 Contracts for freight handling.
21.12.040 Permits--Conditions--Bond.
21.12.050 Permits--Required.
21.12.060 Care of quays.
21.12.070 Permittee to indemnify city.

City Counselor Ops.: 8451, 9687

Cases:

Validity of lease agreement between City and operator of municipal dock--operator permitted to set fees--lease within twenty-year limitation--repeal of conflicting ordinances. St. Louis Terminal Corporation v. City of St. Louis, 535 S.W. 2d 593 (Mo. App., 1976)

Editor's Note:

The procedures outlined in this chapter and Ch. 21.08 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.

21.12.010 Definitions.

The following words as used in this chapter shall mean:

A. "Quay" means any structure owned by the city, built on the Mississippi River shore and extending therefrom to deep water, so that boats may lie alongside to receive and discharge freight.

B. "Warehouse" means any warehouse owned by the city within the port district.

C. "Tracks" means railroad tracks owned by the city within the port district forming a railroad service for port facilities.

D. "Port facilities" includes quays, warehouses, tracks, tanks, pipelines, and any structures or facilities owned by the city related to handling material and goods within the port district.

E. "Equipment" means any mechanical or electrical machinery owned by the city installed on any quay to convey freight to and from it and any warehouse.
(Ord. 57326 8, 1977: prior: Ord. 56707 1 (part), 1974: 1948 C. Ch. 29 55: 1960 C. 292.010.)

21.12.020 Supervision by department of streets.

The department of streets, with recommendation of the port authority commission shall have exclusive jurisdiction, control and supervision over the construction, maintenance equipment, operation and service of all quays, including warehouses, tracks, equipment and port facilities, used in connection with the operation thereof. The department upon recommendation of the port authority commission may make investigations and adopt rules and regulations not inconsistent with this chapter as necessary or expedient in carrying out the powers and duties here conferred, and in connection therewith shall have power to subpoena witnesses and order the production of books and records relating thereto.
(Ord. 57326 7 (part), 1977; Ord. 56707 1 (part), 1974: prior Ord. 48175 1 (part), 1957: 1948 C. Ch. 29 56: 1960 C. 292.020.)

City Counselor Ops.: 9791, 9972

21.12.030 Contracts for freight handling.

The board of public service, upon recommendation of the port authority commission, may enter into contracts or agreement, either exclusive or nonexclusive, on behalf of the city for stevedore or other services for the handling of freight in connection with or for the operation of city-owned quays, warehouses, tracks, equipment and port facilities subject to the terms and conditions herein prescribed, but nothing herein shall be construed as authorizing the board to lease, sell, transfer or encumber quays and facilities or any part thereof, or in any manner limit or divest the city of its absolute ownership, management and control of any quays or facilities. Further nothing contained in this chapter shall authorize the city or any of its agencies to operate port facilities in competition with private enterprise. All contracts shall be executed in the name of the city, signed by the president of the board of public service with the approval of the board endorsed thereon, and countersigned by the comptroller. All contracts shall be let upon competitive bidding to the lowest responsible bidder, subject to the right to reject any and all bids. All contracts shall not contemplate or involve the payment or expenditure of any money by the city. All contracts shall not be for a term exceeding five years, subject, however, to the right of renewal, by mutual consent, for two additional five-year terms.
(Ord. 57326 7 (part), 1977; Ord. 56707 1 (part), 1974: prior Ord. 48175 1 (part), 1957: 1960 C. 292.030.)

City Counselor Ops.: 9791, 9972

21.12.040 Permits--Conditions--Bond.

The board of public service, upon recommendation of the port authority commission, may grant permits to use any city-owned quay, warehouse, equipment, tracks or port facilities or any portion thereof, not inconsistent with any law or general ordinance, and may revoke any permit at will. These permits may be for either joint or several use. They shall be issued for no specified times, and shall be assignable upon approval by the board. The board, with port authority commission recommendation shall have power to prescribe conditions under which it will issue permits. These conditions shall bind equally each permittee. One condition shall be that the applicant shall deliver to the secretary of the board, to be filed with the register of the city the following:

A. An agreement to be bound by the terms of this chapter and by all rules and regulations of the board pertaining to quays, warehouses, equipment and tracks;

B. A duly executed bond, with duly approved surety in a sum to be determined by the board, conditioned for the faithful compliance by the permittee with all terms of this chapter, and for the total assumption by the permittee of all obligations imposed by the chapter.
(Ord. 57326 7 (part), 1977; Ord. 56707 1 (part), 1974: 1948 C. Ch. 29 57: 1960 C. 292.040.)

City Counselor Ops.: 9791

21.12.050 Permits--Required.

No person or the government of the United States shall use any quay, warehouse, equipment, track, or port facility or portion thereof, until an application has been made to and obtained from the board of public service for a permit to use such facilities.
(Ord. 56707 1 (part), 1974: 1948 C. Ch. 29 58: 1960 C. 292.050.)

21.12.060 Care of quays.

Every permittee shall keep the quay or portion thereof, used by him in a clean condition at his expense, and maintain the facility sufficiently to counteract undue deterioration resulting from his use or disuse of a permit.
(Ord. 56707 1 (part), 1974: 1948 C. Ch. 29 59: 1960 C. 292.060.)

21.12.070 Permittee to indemnify city.

Every permittee shall agree to save the city harmless from any and all damage and expense which may be suffered by it by reason of any and all acts done in connection with the use or disuse of any quay, warehouse, equipment or tracks.
(Ord. 56707 1 (part), 1974: 1948 C. Ch. 29 60: 1960 C. 292.070.)

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