§ 32-271. Established; composition; appointments; terms; bond; oath; authority of local legislative bodies.

(a)

There is hereby authorized and established a commission to be composed of five members, to be known as the Memphis and Shelby County Port Commission, who shall serve for staggered terms of office of two years, such commissioners to serve without compensation and to be selected as cited in subsection (b) of this section.

(b)

The council of the City of Memphis on nomination of the mayor of the City of Memphis shall appoint three of such commissioners. The board of county commissioners shall elect the other two members. Upon the expiration of the terms of the commissioners appointed by the council on nomination of the mayor of such city, the council and mayor shall appoint a successor to the commissioner whose term of office thus expired; and upon the expiration of the term of any of the commissioners so elected by the board of county commissioners, the county commission shall elect a successor to the commissioner whose term thus expired. Successors shall be appointed or elected from time to time as vacancies occur, as provided in this section, by the mayor and council of the City of Memphis or by the board of county commissioners.

(c)

The members of the commission shall give bond in the sum of $5,000.00 to the state for the use and benefit of the county and the City of Memphis, conditioned upon the faithful performance of their duties as such commissioners. Such bonds shall be in solvent surety companies qualified to do business in the state, the expenses thereof to be paid from the revenue of the commission, and as a part of the operating expenses thereof.

(d)

The mayor of the City of Memphis and the county mayor shall be ex officio members of the commission, with the right to vote, but shall give no bond. The mayor of the City of Memphis and the county mayor may, at their discretion, appoint in writing for a period of at least one year, their designee to serve in the place and stead of the respective mayors; provided, however, that the mayor of the City of Memphis shall appoint the director or an employee of the division of public service of the City of Memphis and the county mayor shall appoint the director or an employee of the division of public works of the county. Such designees shall have all the powers of the respective mayor who may make such designation as are conferred on such mayors by this article, including the right to vote. If either mayor's remaining term of office is less than one year, the appointment shall be for that period. The mayor may at any time personally exercise the right to vote in place of his designee.

(e)

The mayor and council of the City of Memphis and the board of county commissioners shall have the power to fix the qualifications of the members of the commission, shall have the power to prescribe their jurisdiction and duties, and the commissioners may be removed at the will and pleasure of the council of the City of Memphis and the board of county commissioners without the necessity of a hearing, or notice, and their action in removing any commissioner shall be final.

(f)

The board of county commissioners shall have full authority to pass resolutions or ordinances to carry out the powers mentioned in this section and any and all other or additional resolutions or ordinances that may become necessary in order to carry out the purposes and provisions of this article.

(g)

The members of the port commission shall qualify and take an oath to uphold the Constitution of the United States and of the state and faithfully to discharge the duties of their office.

(h)

Upon the organization of the port commission, the county is hereby authorized and empowered to vest the management and control of any and all properties devoted to harbor purposes owned by the county in the port commission, subject to such terms and conditions as may be deemed advisable. The county and the City of Memphis are hereby authorized to enter into a contract with reference to the acquisition by the Memphis and Shelby County Port Commission of all right, title and interest, as well as the assumption of all liabilities of the county, the City of Memphis and/or the harbor commission of the City of Memphis, or its predecessors, in and to any and all such property owned by such county, city or harbor commission of the city, or its predecessors.

(Code 1992, § 18-1; Priv. Acts 1947, ch. 529, § 1; Priv. Acts 1977, ch. 121, § 1)