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Board of Port Commissioners City of Oakland

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Board of Port Commissioners City of Oakland BOARD OF PORT COMMISSIONERS CITY OF OAKLAND PORT ORDINANCE No. 3619 AN ORDINANCE AMENDING PORT ORDINANCE NO. 867 TO CREATE AN ADDITIONAL POSITION OF PORT JOB RESEARCHER. BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows: Section 5.165 of Port Ordinance No. 867 is hereby amended to read as follows: Section No. of Grade or No. Positions Title Schedule No. 5.165 3 Port Job Researcher 230.4 In Board of Port Commissioners, Oakland, California, December 5, 2000. Passed to print for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, Tagami and Vice President Uribe - 6. Noes: None. Absent: President Kramer - 1. Christopher C. Marshall Secretary of the Board Adopted at a regular meeting held December 19, 2000 By the following Vote: Ayes: Commissioners Ayers-Johnson, Protopappas, Scates, Tagami, Uribe and President Kramer - 6 Noes: None Absent: Commissioner Kiang - 1 President. Attest Secretary. Approv asio firm The Oaband Tribune ORIGINAL do ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising 9) 208-6340 Legal No. 1964207 PROOF OF PUBLICATION PUBLIC NOTICE PORT ORDINANCE NO. 3619 AN ORDINANCE AMENDING PORT In the matter of: ORDINANCE NO. 867 TO CRATEE AN ADDITIONAL POSITION OF PORT JOB RESEARCHER. ORDAINED by the Board of Port CommissionersBE IT of the City of Oakland as fol- lows: • Section 5.165 of Port Ordinance No. 867 is PORT ORDINANCE NO. 3619 hereby amended to read as follows: 5.165 Section No. 3 No. of Position Port Job Researcher Tate 230.4 Grade or Schedule No. In Board of Port Commissioners, Oakland, California, December 5, 2000. Passed to print for one day by the following vote: Ayes: yers-Johnson, IGang, Pro- CommisScats, psio Tagami and Vice Presi- topadent Uribepas, - 6. Noes: None. Absent Presi- The undersigned below, deposes and says that he/she was the public rnar rl-rk k ANr% TRI P MP Christopher C. Marshall general circulation as defined by Government Code Section Secretary of the Board 6000 adjucated as such by the Superior Court of the State of The Oakland Tribune, 1964207 California, County of Alameda (Order Nos. 237798, December 4, December 13, 2000 1951) which is published and circulated in Oakland Township in said county and state seven days a week. • PUBLIC NOTICE That the PUBLIC NOTICE of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates: DECEMBER 13, 2000 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Public Notice Advertising Clerk DECEMBER 13, 2000 The 0a,__and Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising 3) 208-6340 Legal No. 1964207 PROOF OF PUBLICATION In the matter of: PORT ORDINANCE NO. 3619 The undersigned below, deposes and says that he/she was the public Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of general circulation as defined by Government Code Section 6000 adjucated as such by the Superior Court of the State of California, County of Alameda (Order Nos. 237798, December 4, 1951) which is published and circulated in Oakland Township in said county and state seven days a week. That the PUBLIC NOTICE of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates: DECEMBER 13, 2000 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Public Notice Advertising Clerk DECEMBER 13, 2000 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND PORT ORDINANCE NO. 3618 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF MULTI-YEAR LICENSE AND CONCESSION AGREEMENT WITH MARINE TERMINAL CORPORATION FOR BURMA ROAD TERMINAL. BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows: Section 1. The Board of Port Commissioners ("Board") hereby approves a License and Concession Agreement between the CITY OF OAKLAND, a municipal corporation, acting by and through the Board, and MARINE TERMINALS CORPORATION, a corporation ("MTC"), covering the approximately 25-acre parcel of the Oakland Army Base, and adjacent vessel berthing area, located westerly of Maritime Street, and known as the Port of Oakland Burma Road Terminal, which the OAKLAND BASE REUSE AUTHORITY ("OBRA") leases from the United States Army and the Port subleases from OBRA, for a term commencing the later of the date of the filing and effectiveness of said Agreement pursuant to Sections 5 and 6 of the Shipping Act of 1984 and the expiration of thirty (30) days from and after the final adoption of this ordinance and expiring midnight November 30, 2002, subject to automatic extensions of the term thereof on a year-to-year basis and subject to the right of each party during the initial term or any year-to-year extension to terminate the term on not less than 60 days written notice to the other, at a compensation payable by MTC equal to 55% of prevailing tariff charges for dockage, wharfage, wharf demurrage and wharf storage for all activity on the premises (with certain exceptions) until compensation in a contract year reaches $1,700,000, at which time said percentage shall be reduced to 45% for activity during the remainder of the contract year, but said compensation for the initial term shall not be less than $1,200,000 (subject to adjustment), said compensation provisions to be applied so that they cover MTCs activities on the premises commencing December 1, 2000, and otherwise upon the terms and conditions specified in the Boards Agenda Sheet Item No. 21 dated December 5, 2000, and such standard terms and conditions as specified in the Agreement and approved by the Executive Director. 30694 Section 2. The Executive Director is hereby authorized to execute and the Secretary to attest said Agreement. Section 3. This ordinance is not evidence of and does not create or constitute (a) a contract, agreement, or any right, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. This ordinance approves and authorizes the execution of the Management Agreement in accordance with the terms of this ordinance. Unless and until a separate written Management Agreement is duly executed on behalf of the Board as authorized by this ordinance, is signed as approved as to form and legality by the Port Attorney, and is delivered to User, there shall be no valid or effective Management Agreement or other obligation or liability on the part of the Board. Section 4. This ordinance shall take effect thirty (30) days from and after its final adoption. In Board of Port Commissioners, Oakland, California, December 5, 2000. Passed to print for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, Tagami and Vice President Uribe - 6. Noes: None. Absent: President Kramer - 1. Christopher C. Marshall Secretary of the Board Adopted at a regular meeting held December 19 , 2000 By the following Vote: Ayes: Commissioners Ayers-Johnson, Protopappas, Scates, Tagami, Uribe and President Kramer - 6 Noes: None Absent: Commissioner Kiang - 1 Apprived as to ‘m a egality: 30694 The Oa :and Tribune ORIGINAL do ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising "s 10) 208-6340 Legal No. 1964323 PUBLIC NOTICE PORT ORDINANCE NO 3618 AN ORDINANCE APPROVING AND AU- THORIZING THE EXECUTION OF MULTI- YEAR LICENSE AND CONCESSION AGREE- MENT WITH MARINE TERMINAL CORPORA- TION FOR BURMA ROAD TERMINAL. BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as fol- lows: Section 1. The Board of Port Commis- sioners (Board) hereby approves a License and Concession Agreement between the PROOF OF PUBLICATION CITY OF OAKLAND, a municipal corpora- tion, acting by and through the Board, and mARINE TERMINALS CORPORTAtON, a corporation (MTC), covering the appr oxi- mately 25-acre parcel of the Oakland Army Base, and adjacent vessel berthing area, lo- cated westerly of Maritime Street, and known as the Port of Oakland Burma Road Terminal, which the OAKLAND BASE REUSE AU- THORITY COBRA) leases from the United In the matter of: States Army and the Pori subleases from OBRA,leases from rthe United States Army and the Port subleases from OBFIA, for a term commencing the later of the date of the filing and effectiveness of said Agreement pursuant to Sections 5 and 6 of the Shippin Act of 1984 and the expiration of thirty (3 days from and after the final adoption of this ordinance and expiring midnight November PORT ORDINANCE NO. 3618 30, 2002, subject to automatic extensions of the term thereof on a year-to-year basis and subject to the right of each party during the initial term or any year-to-year extension to terminate the term on not fess than 60 days written notice to the other, at a compensation payable by MTC equal to 55% of prevailing tariff charges for dockage, wharfage, wharf demurrage and wharf storage for all activity on the premises (with certain exceptions) until compensation in a contract year reaches 51 700,000, at which time said per- centage shall be reduced to 45% for activity The undersigned below, deposes and says that he/she was the public during the remainder of the contract year, but said compensation for the initial term shall Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of not be less than $1,200,000 (subject to ad- general circulation as defined by Government Code Section justment), said compensation provisions to be applied so that they cover MTCs activities 6000 adjucated as such by the Superior Court of the State of on the premises commmencing December 1, 2000, and otherwise upon the terms and California, County of Alameda (Order Nos.
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