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§ 18-102 Leases and Licenses of Harbor Facilities. 3 Added, 1956 Ordinances, p. 427.3

(1) In fixing the rates and charges for, and the term of use of City port facilities, including rates, fees and charges for the exercise of any privilege or right as hereinafter provided, the Department of Commerce shall, in so far as possible, follow such standards as shall:

(a) Make the facilities available for the handling of the water-borne commerce of the port on fair and reasonable terms and without unjust discrimination;

(b) Promote the maximum use of the City-owned piers for the accommodation of water-borne commerce of the port;

(c) Produce revenues at least sufficient to cover the Citys cost of providing, operating and maintaining the facilities; and at least sufficient to permit the rehabilitation and improvement of existing facilities as needed, and the development of new facilities as required by the water-borne commerce of the port;

(d) Result in rates and charges which reflect the relative capacity and efficiency of each pier facility;

(e) Give consideration to, but not necessarily reflect, the rates and charges for, and the term of use of, pier facilities and services generally prevailing within the City and in other competitive ports along the Atlantic seaboard for comparable space, facilities and services;

(f) Assure that any existing tenant who is directly serving the water-borne commerce of the port in a satisfactory manner is permitted to continue occupancy of his pier or other facility, provided such tenant is willing to pay the rates and charges currently established by the City for the use of the facility;

(g) Reserve the right to include an increment in lieu of taxes in its rates and charges for the use of City- owned pier facilities;

(h) Give consideration to the investment or expenditure which any lessee or licensee agrees in writing to make and which will, in the opinion of the Department, result in an increase in the capacity, efficiency or useful life of the facility in which it be made;

(i) Permit the letting on a net rent basis of new facilities proposed to be constructed, with assurance to the tenant as to both occupancy and rental rate, provided that the City be relieved of all obligations with respect to maintenance, operation and repair, and provided further, that the City receive a rental sufficient to pay out its investment with interest plus interest on its investment in the land occupied over the period of the lease.

(2) The rates and charges to pier tenants and to prospective pier lessees for the use of space and facilities shall be calculated on one or a combination of the following bases:

(a) A charge per square foot of space used or occupied; or

(b) A flat guaranteed monthly, quarterly or annual rental, fee or charge; or

(c) A specified percentage of revenues received by such lessee; or

(d) A specified rate per ton of freight handled by such lessee; or

(e) A specified rate per hour for each hour of use of a particular facility or installation; or

(f) A specified charge per usage of any facility or per exercise of any privilege or right.

(3) (a) The Director of Finance is hereby authorized to establish a Pier Maintenance Fund within the Department of Commerce to which shall be credited all payments for structural maintenance purposes in excess of the stated minimum rental for any leased pier facility. The aforesaid Fund shall be used for the structural maintenance of all City piers making contributions to said Fund; provided, however, that no money may be expended from said Fund prior to January 1, 1957.

(b) The termstructural maintenanceshall be deemed to include, but shall not be limited to, responsibility for support piling, pier framing, bracing and decking, building columns, girders, beams and trusses, interior bearing walls and floor framing and periodic replacement of fender system.

(c) All leases for pier facilities shall provide for the crediting to the Pier Maintenance Fund established under subsection (a) of payments provided for specifically in said leases for structural maintenance purposes; provided, however, that payments into said Fund shall in no case be less than 11.11% nor more than 25% of the minimum rental provided in said lease.

(4) This Section shall not be construed to affect or impair the validity of the terms or conditions of any existing lease or license or other agreement for the use of space or facilities, or the exercise of any privilege or right in and about the grounds or buildings of the pier facilities.

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