[Ord. No. 2359, 8-14-2023]
The City, in cooperation with Montgomery County, Missouri (the
“County”), shall create, pursuant to Chapter 68, RSMo.,
the Greater Montgomery County Port Authority (the “Port Authority”)
as a political subdivision of the State of Missouri, contingent upon
the execution and performance of all terms of the Agreements (held
on file in the City offices).
[Ord. No. 2359, 8-14-2023]
The boundaries of the Montgomery County Port District (the “Port
District”) shall be the areas within the boundaries now or hereafter
prescribed for the County and the City by applicable law, that are
or could be reasonably connected to the business of a port, subject
to the approval of the Missouri Highways and Transportation Commission.
[Ord. No. 2359, 8-14-2023]
It shall be the purpose of the Port Authority to promote the
general welfare, to promote development within the Port District,
to encourage private capital investment by fostering the creation
of industrial facilities and industrial parks within the Port District,
to endeavor to increase the volume of commerce, and to promote the
establishment of a foreign trade zone within the Port District.
[Ord. No. 2359, 8-14-2023]
The Port Authority shall have the powers set forth in Chapter
68, RSMo., and other applicable provisions of Missouri law.
[Ord. No. 2359, 8-14-2023]
A.
The
Port Authority shall be administered by a Board of Commissioners consisting
of eight (8) members, seven (7) of whom shall be appointed by the
County Commission of the County and one (1) of whom shall be appointed
by the Board of Aldermen of the City.
B.
All
Commissioners appointed by the County Commission must be registered
voters who reside in the County, and the Commissioner appointed by
the Board of Aldermen must be a registered voter who resides in the
City. The Presiding Commissioner shall designate one (1) Commissioner
as Chairperson who shall call to order and preside over all Board
of Commissioners meetings. Ordinarily, each Commissioner shall serve
a term of three (3) years, except that in order to avoid the terms
of all of the Commissioners ending at the same time, the length of
the terms of the first members appointed by the County Commission
shall vary as follows: two (2) of the Commissioners shall be designated
by the County Commission for terms of two (2) years, two (2) of the
Commissioners shall be designated by the County Commission for terms
of three (3) years, and three (3) of the Commissioners shall be designated
for terms of four (4) years. After the appointment of the first seven
(7) Commissioners, all future Commissioners appointed by the County
Commission shall be appointed for a term of three (3) years (unless
a Commissioner is replacing one who did not complete his or her term,
for whatever reason, in which case, the replacement shall complete
the uncompleted term of the Commissioner that he or she has replaced).
Absent written resignation, judicial determination of incapacity,
or death, each Commissioner shall only serve until his or her term
expires. The County Commission or Board of Aldermen, as applicable,
may reappoint any Commissioner who has dutifully completed his or
her term. If any Commissioner fails to complete his or her term, for
any reason, the County Commission or the Board of Aldermen, as applicable,
shall appoint a replacement.
C.
No
Commissioner shall be an elected official of the State of Missouri
or any of its political subdivisions. The City and Montgomery County
shall cooperate on the appointment of members to ensure compliance
with Section 68.045, RSMo. No Commissioner shall receive compensation
from the Port Authority for any services performed but may be reimbursed
for actual and necessary expenses incurred on behalf of the Port Authority.
The County Commission shall determine the compensation, if any, to
be paid to the Commissioners.
D.
The
Board of Commissioners shall prepare and file with the County Commission
and the Board of Aldermen, annually, no later than February 1, a report
concerning the activities of the Port Authority for the prior calendar
year.
E.
The
Board of Commissioners shall retain an independent auditor to perform
an annual audit of the accounts of the Port Authority, unless a longer
term is approved by the County Commission. A copy of the audit shall
be filed with the County Commission.
F.
All
meetings of the Board of Commissioners shall require the presence
of a quorum, consisting of at least five (5) of the eight (8) Commissioners.
Action by the Board of Commissioners shall be authorized if and when
a majority of the Commissioners present at a meeting votes in favor
of such action.
G.
Regularly
scheduled meetings of the Board of Commissioners shall take place
at least once every six (6) months. The Chairperson or any three (3)
other Commissioners acting jointly may call special meetings upon
seven (7) days advance written notice to all other Commissioners.
Under exigent circumstances, the Chairperson may call an emergency
meeting upon notice to all Commissioners that is reasonable under
the circumstances.
H.
The
proceedings of the Board of Commissioners shall be subject to the
Missouri Sunshine Law. Any records authorized to be closed pursuant
to State Statutes shall be kept as closed records unless:
[Ord. No. 2359, 8-14-2023]
No Commissioner shall have any direct financial interest in
any contract or business transaction of or with the Port Authority,
nor shall a Commissioner have any direct financial interest in any
property, supplies, facilities or equipment purchased, or leased by
the Port Authority. Commissioners are public officials who shall be
subject to the provisions of Chapter 105, RSMo., regarding the conduct
of public officers and employees.
