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Chapter 10 Public Utilities and Franchises

Article 1 Public Utilitites

Section 10-101 Definition, "Public Utility."

[May 3, 1913, new sec. 60; rev. 1914, sec. 153; 1928 pub., sec. 153; 1942 recod., sec. 10-101.]

  1. The term "public utility" as used in this Charter shall be deemed to include every plant, property or system engaged in the public service within the City or operated as a public utility as such terms are commonly understood. 

Section 10-102 General Provisions.

[May 3, 1913, new sec. 58; rev. 1914, sec. 151; 1928 pub., sec. 151; 1942 recod., sec. 10-102.]

  1. The City of Portland shall have the power to construct, condemn, purchase, add to, acquire, maintain, operate and own all or any part of any public utility or any plant or enterprise, for the purpose of serving the City and the people thereof for uses public and private. Such power may be exercised in any lawful manner and shall include the power to purchase, condemn or otherwise acquire any franchise heretofore granted to operate a public utility. 

Section 10-103 Power of Construction and Acquisition.

[May 3, 1913, new sec. 59; rev. 1914, sec. 152; 1928 pub., sec. 152; 1942 recod., sec. 10-103.]

  1. The City shall have the power to construct and acquire in any legal way and to maintain and operate works, plants and facilities for the purpose of doing any and all municipal work by direct employment of labor under the supervision of the City, and may use such works, plants and facilities, and the product thereof, for the purpose of doing municipal work of all kinds, and shall have the power to sell such product for use in the construction of municipal improvements of all kinds. It shall have power to provide payment for the whole or any part of local improvements constructed or done by the City directly under the provisions of this Section by assessment against the property benefited thereby.
  2. Funds for the carrying out of this Section may be provided by issuing bonds as provided in Section 7-201 of this Charter or by the use of any moneys in the General Fund at the end of the fiscal year. 

Section 10-104 Debt Limitation.

[Ch. 1903, sec. 88; rev. 1914, sec. 160; 1928 pub., sec. 160; 1942 recod., sec. 10-105; rev. Nov. 8, 1966; am. May 20, 1986; amended November 8, 2022, effective January 1, 2025.]

  1. No indebtedness shall be incurred for the acquisition of any public utility under the provisions of this Charter, which, together with the existing bonded indebtedness of the City, shall exceed at any one time seven percent of the assessed value of all real and personal property in the City, but in estimating such bonded indebtedness, all bonds given for the acquisition or construction of public properties and utilities the interest on which bonds is paid out of the earnings of said public utilities or properties, shall be excluded; provided, that whenever and for so long as such utility or undertaking fails to produce a sufficient revenue to pay all costs of operation and administration (including interest on the City bonds issued therefor and the cost of insurance against loss by fire, accidents, and injuries to persons), and an annual amount sufficient to pay at or before maturity all bonds issued on account of said undertaking, all such bonds outstanding shall be included in determining the limitation of the City's power to incur indebtedness, unless the principal and interest thereof be payable exclusively from the receipts of such undertaking. The City officer responsible for accounting shall annually report to the Mayor, in detail, the amount of revenue from each such undertaking, and whether there is any, and if so, what, deficit in meeting the requirements above set forth. 

Section 10-105 Supervision and Regulation.

[May 3, 1913, part of new sec. 61; rev. 1914, sec. 154; 1928 pub., sec. 154; 1942 recod., sec. 10-106; rev. Nov. 8, 1966.]

  1. The Council shall have general supervision and power of regulation of all public utilities within the City of Portland, and of all persons and corporations engaged in the operation thereof. 

Section 10-106 Investigations and Rate Fixing.

[May 3, 1913, new sec. 62; rev. 1914, sec. 156; 1928 pub., sec. 156; 1942 recod., sec. 10-107; rev. Nov. 8, 1966; am. May 20, 1986.]

  1. The Council shall have the power to investigate from time to time, and whenever they shall deem that the public service, health or welfare require it, the affairs, business and property of any public utility within the City. For that purpose they shall have the right to compel the attendance of witnesses and the production of books, papers and records, and of entry in person or by authorized agent upon any premises or places of any person or corporation engaged in the operation of a public utility. They shall have the power to control, regulate and order such changes, improvements, extensions, additional facilities, appliances or equipment in or upon the plant and property of any person or corporation operating public utilities within the City as may be deemed necessary to promote the public interest, convenience or safety, and to protect its employees in the construction, maintenance or operation of any such public utilities.
  2. Every charge, rate, fare or compensation made, charged or demanded by any person or corporation engaged in the operation of a public utility within the City of Portland for any service rendered or to be rendered shall be just, fair and reasonable. The Council shall have the power to hear and determine what are just, fair and reasonable rates, fares and charges and to fix and limit such rates, fares and charges and for that purpose may make valuations of the property of any person or corporation engaged in the operation of a public utility within the City. To that end they shall make and enforce regulations providing that at the time of construction or acquisition of any plant or property rendering a public service and of any improvement or additions thereto the person or corporation having charge thereof shall record with the City Officer responsible for accounting a description of all property which such person or corporation shall intend to present for such valuation and all later improvements when made, together with full information as to the cost thereof and vouchers supporting the same, to the end that a complete record of all property to be valued under this Section shall be at all times available. 

Section 10-107 Quarterly Reports.

[May 3, 1913, new sec. 63; rev. 1914, sec. 157; 1928 pub., sec. 157; 1942 recod., sec. 10-108; rev. Nov. 8, 1966; am. May 20, 1986; amended November 8, 2022, effective January 1, 2025.]

  1. Every person or corporation operating a public utility within the City rendering service to be paid for wholly or in part by the users of such service shall keep full and correct books and accounts and make stated quarterly reports in writing to the Mayor, verified by such person or an officer of the corporation, which shall contain an accurate statement in summarized form as well as in detail of all receipts from all sources and all expenditures for all purposes together with a full statement of all assets and debts including stock and bond issues as well as such other information as to the cost and profits of said service, and the financial condition of such grantee as the Mayor may require. Such reports shall be public and a summary thereof shall be printed as a part of the City's annual financial report, and the Mayor may inspect or examine, or cause to be inspected or examined, at all reasonable hours, any and all books of account and vouchers of such grantee.
  2. Such books of account shall be kept and reports made in accordance with forms and methods prescribed by the Mayor and so far as practicable shall be uniform for all grantees and holders of franchises, and shall, except for important and necessary changes, conform to such reports as are required by state or federal public utility commissions.

Section 10-108 Orders, Rules, and Regulations.

[May 3, 1913, new sec. 64; rev. 1914, sec. 158; 1928 pub., sec. 158; 1942 recod., sec. 10-109; rev. Nov. 8, 1966; amended November 8, 2022, effective January 1, 2025.]

  1. The City shall have power to make all orders, rules and regulations necessary or appropriate to carry into effect the powers granted and to make the same effective by penalties and forfeitures, and upon failure by any franchise holder to comply with any of the requirements of Section 10-107, 10-216, 10-213 or 10-214 of this Charter for a period of thirty (30) days after notice, the Council shall have power to declare by ordinance a forfeiture of the franchise under which any person or corporation so failing to comply is operating a public utility within the City of Portland.
  2. Every such order, rule or regulation of the City shall take effect at a time to be therein specified, and shall continue in force until modified or abrogated by the City or modified, suspended or set aside by the decree or judgment of a court of competent jurisdiction.
  3. Whenever any person or corporation against whom any rule, order or regulation is directed, as provided by the foregoing subdivision shall believe an order to be unjust or unreasonable, such person or corporation may test its justice or reasonableness by a proper action in the courts commenced within thirty (30) days after service of any such order, rule or regulation, and in such action such further order may be entered in the premises as shall be warranted by the facts developed upon the trial and the law applicable thereto. 

Section 10-109 Bridges and Ferries.

[Nov. 2, 1912, new sec. 118-3/4; rev. 1914, sec. 184; 1928 pub., sec. 184; 1942 recod., sec. 10-110; rev. Nov. 8, 1966.]

  1. All ferries now or hereafter owned or leased, and all bridges together with approaches and terminals, heretofore erected or leased, or hereafter to be erected or leased, by the City of Portland across the Willamette River shall be operated by the county of Multnomah, as now provided by law, or as may hereafter be provided by law at the expense of said county of Multnomah. No exclusive franchise or privilege shall be granted to any person, firm or corporation, for the use of the whole or any part of such bridges, approaches or terminals. All privileges or franchises that may be granted by the City of Portland for the use of the whole or any part of such bridges, approaches or terminals shall be for a term not exceeding twenty-five (25) years, and the compensation to be paid the City by any person, firm or corporation desiring to use such bridges for the operation of cars thereover, shall be not less than three cents ($.03) per car for each and every car that crosses such bridges in each direction. Said rental shall be paid at the end of each calendar month to the City Treasurer. The Council shall specifically reserve in any franchise granted over any of said bridges the right to reasonably regulate the number and routing of cars across any such bridges. 

Article 2 Franchises

Section 10-201 Control by Charter Provisions.

[May 3, 1913, new sec. 65; rev. 1914, sec. 159; 1928 pub., sec. 159; 1942 recod., sec. 10-201.]

  1. Every franchise hereafter granted shall be expressly subject to all the provisions of the foregoing sections and the power of control and regulation as authorized by such sections cannot be limited, divested or granted away. Subject to the initiative and referendum such power of control and regulation shall be exercised by the Council and may be exercised by the Council through its agents. 

Section 10-202 Property Nature of Franchises.

[Ch. 1903, sec. 100; am. May 3, 1913, sec. 67; rev. 1914, sec. 166; 1928 pub., sec. 166; 1942 recod., sec. 10-202.]

  1. Every franchise granted under this Charter shall be taken and deemed as property and shall be subject to taxation as property. 

Section 10-203 Authorization of Industrial Tracks.

[Ch. 1903, sec. 102; am. May 3, 1913, new sec. 68; rev. 1914, sec. 167; 1928 pub., sec. 167; 1942 recod., sec. 10-203; amended November 8, 2022, effective January 1, 2025.]

  1. The Mayor shall have power on application or assent in writing of the owners of a majority part in extent of the lots or tracts of land fronting on each side of that portion of any street or part of a street on which it is desired to construct railroad tracks for spurs, sidings or switches, other than those for street railways, to grant revocable permits for the use of streets for that purpose, subject to sections 10-108 and 10-206 of this Charter. 

Section 10-204 Agreements with Railroads.

[Ch. 1903; sec. 103; am. May 3, 1913, secs. 69 and 70; rev. 1914, secs. 168 and 169; 1928 pub., secs. 168 and 169; 1942 recod., sec. 10-204; amended November 8, 2022, effective January 1, 2025.]

  1. The Council shall have power and authority by ordinance duly passed to agree with any corporation, firm or person constructing a commercial railroad and desiring to enter the City, upon the extent, terms and conditions upon which the streets, alleys, or public grounds of the City may be appropriated, used or occupied by such railroad and upon the manner, terms and conditions under which the cars and locomotives of such railroad may be run over and upon such streets, alleys and public grounds; such agreement shall be subject to the provisions and requirements of sections 10-101 to 10-103, 10-105 to 10-108, 10-201 to 10-209, 10-212 and (e) and (f) of Section 10-210 of this Charter.
  2. No exclusive right for the aforesaid purposes shall be granted to any corporation, firm or person and the use of all such rights shall at all times be subject to regulation by the Council.
  3. In addition to the other requirements of this Charter every ordinance granting such right shall be upon the condition that such grantee shall allow any other railroad company to use in common with it the same track or tracks throughout their entire length between the extreme limits for which the franchise is granted including any private rights of way which may intervene upon obtaining the consent of the Council expressed by ordinance prescribing the regulations for such use, and the compensation therefor, each paying an equitable and proper proportion of the construction, maintenance and repair of the tracks and appurtenances and any private right of way used by such railroad companies jointly, such proportion to be fixed by the City. 

Section 10-205 Limited Time.

[May 3, 1913, new sec. 71; rev. 1914, sec. 170; 1928 pub., sec. 170; 1942 recod., sec. 10-205; amended November 5, 2024, effective December 18, 2024]

  1. Franchises may be granted for a limited time in upon under and above the streets, highways and public places and property of the City of Portland, in the manner and subject to the conditions hereinafter contained. 

Section 10-206 Nonexclusiveness.

[May 3, 1913, new sec. 72; rev. 1914, sec. 171; 1928 pub., sec. 171; 1942 recod., sec. 10-206.]

  1. No exclusive franchise shall be granted nor shall any franchise, lease or rights be granted for a longer period than twenty-five (25) years. 

Section 10-207 Method of Granting.

 [May 3, 1913, new sec. 73; rev. 1914, sec. 172; 1928 pub., sec. 172; 1942 recod., sec. 10-207; amended November 5, 2024, effective December 18, 2024; amended November 8, 2022, effective January 1, 2025]

  1. Every franchise shall be embodied in an ordinance, which shall contain all the terms and conditions of the proposed grant.

Section 10-209 Specific Conditions.

[May 3, 1913, new sec. 75; rev. 1914, sec. 174; 1928 pub., sec. 174; 1942 recod., sec. 10-209; amended November 8, 2022, effective January 1, 2025.]

  1. Every franchise granted by the City of Portland shall contain full and explicit statements of its conditions in the following particulars:
  2. (a) In case of railroads and street railways it shall specify plainly the streets or other public places or parts thereof to which they apply. Any other franchises shall state the boundary of the district or districts within which they shall be exercised.
  3. (b) The amount and manner of payment of the compensation to be paid by the grantee for the right. The City shall make an estimate of the cash value of any franchise upon the filing of the application, or an estimate for what it may consider fair compensation to the City for such franchise, and the same shall be entered upon the minutes of the proceedings of the Council and published with the published copy of the franchise. In lieu of a money valuation the City may declare what will be a reasonable reduction of fares, rates or charges, either at the beginning or progressively from time to time, to be made by the grantee in compensation for the grant.
  4. (c) The time of beginning the construction or other work thereunder, the estimated total cost of such work, the monthly or yearly sums of money to be expended thereon, and in case of franchises to transportation companies or other franchises covering certain streets or portion of streets, the time within which the work under such franchise shall be completed upon such streets or portions of streets, respectively.
  5. (d) Every grant of a franchise which provides for or permits the changing of rates, fares or charges shall contain a provision fixing the maximum that the holder can collect for services rendered by virtue of said franchise and the operation of the plant or property thereunder; subject, however, to the power of regulation prescribed in Section 10-108 of this Charter.
  6. Rates, however, shall always be uniform to all persons of like classes, under similar circumstances and conditions.

Section 10-210 Conditions and Restrictions.

[May 3, 1913, new sec. 78; rev. 1914, sec. 177; 1928 pub., sec. 177; 1942 recod., sec. 10-210; amended November 8, 2022, effective January 1, 2025.]

  1. Every franchise granted by the City shall be subject to the conditions and restrictions hereinafter provided, to wit:
  2. (a) That the City may in lawful manner and upon the payment of a fair valuation lawfully ascertained, purchase, condemn, acquire, take over and hold the property and plant of the grantee in whole or in part; if such purchase or taking over be at the expiration of the term of the franchise such valuation shall not include any sum for the value of the franchise or grant under which such plant and property is being operated.
  3. (b) That upon payment by the City of Portland of a fair valuation, as above stated, the plant and property so acquired shall become the property of the City without formal execution of any instrument of conveyance; provided, however, the City may at its option compel the execution to it of an instrument of transfer and conveyance.
  4. (c) That upon the acquisition of any such plant or property the right of the holder of any such franchise pursuant to which such plant or property was operated shall cease and determine, and the acquisition by the City of any such property or plant shall operate to divest the holder of any such franchise of all right, title and interest therein.
  5. (d) No franchise shall be granted without fair compensation to the City therefor, either by way of direct payment or by reduction of rates, fares or charges, and in addition to the other forms of compensation to be therein provided, the grantee may be required to pay annually to the City such part of its gross receipts as may be fixed in the grant of said franchise. This provision shall not exempt the holder of the franchise from any lawful taxation upon its property nor from any license, charge or imposition not levied on account of such use.
  6. (e) Every franchise and all things constructed thereunder or used in connection therewith, other than rolling stock and power, shall be subject to common use by any person or corporation, including the City, operating a similar public utility whenever it shall be advantageous to the public upon payment or tender of fair compensation for such use. The compensation for the franchise itself shall be payable only to the City and not to the holder of the original franchise.
  7. The City shall have power to determine what is a fair compensation and to regulate the manner of such use subject to judicial review, but no judicial proceedings shall suspend or postpone such use if the person or corporation desiring such common use shall deposit in the court such sum as the court on a preliminary hearing may determine.
  8. Such compensation shall not include any remuneration for the franchise or rights conferred by the City, except that the new user may be required to pay a ratable part of any tax or public charge imposed upon the original grantee by reason of said franchise, in addition to such other payment to the City as the City may deem equitable.
  9. (f) The holder for the time being of any franchise to construct or operate railways in the streets or public places shall keep those portions of streets or other places occupied by such holder in good order, as required by the City, and shall pave, improve, or repair and maintain from time to time in the manner and within the time directed by the City, that portion of the street occupied by it lying between the rails of any track and extending one foot outside of such rail and portion of the streets lying between the tracks.
  10. In addition any franchise granted to any street or other railroad, for the operation thereof, may provide that the holder thereof for the time being shall pave, repave and keep in repair at the time and in the manner required by the City any street or part thereof used pursuant to such franchise for the whole or any part of the entire width of the street.
  11. Failure or neglect upon the part of any holder of a franchise to do the work in the manner and within the time required by the City, shall constitute an offense punishable by a fine of not less than ten dollars ($10) nor more than one hundred dollars ($100) for each and every day such refusal or neglect shall continue.

Section 10-211 Additional Conditions.

[May 3, 1913, new sec. 77; rev. 1914, sec. 176; 1928 pub., sec. 176; 1942 recod., sec. 10-211.]

  1. The enumeration and specification of particular matters which must be included in every franchise granted shall not be construed to impair the right of the City to insert in such franchise such other and further conditions and restrictions as the Council may deem proper for the public welfare. 

Section 10-213 Statements.

[May 3, 1913, new sec. 80; rev. 1914, sec. 179; 1928 pub., sec. 179; 1942 recod., sec. 10-213; amended November 5, 2024 (recod., sec. 10-211), effective December 18, 2024]

  1. Within ninety (90) days after this Charter shall take effect, the holder of any franchise shall file with the Auditor a full and correct statement of the franchise, rights and privileges owned or claimed to be owned, and shall designate the same by the numbers and titles of the ordinances by which such franchises were granted, and any holder of any franchise, on failure so to do, shall be guilty of an offense punishable by a fine. The holder of every franchise, and the grantees of every franchise hereafter granted, on sale, transfer, mortgage or lease being made of such franchise, shall within sixty (60) days thereafter file with the Auditor a copy of the deed, agreement, mortgage, lease, or other written instrument evidencing such sale, transfer or lease, certified and sworn to as correct by the grantee, in person, if an individual, or by the president or secretary or authorized agent, if a corporation.
  2. Every sale, transfer, mortgage or lease of such franchise, whether voluntary or involuntary, shall be deemed void and of no effect unless the grantee shall, within sixty (60) days after the same shall have been made, file such certified copy as required by this Section and consented to as provided in Section 10-216 of this Charter, also unless the Council agrees to such sale by an ordinance expressly passed for that purpose, as provided by Section 10-216.

Section 10-214 Records.

[May 3, 1913, new sec. 81; rev. 1914, sec. 180; 1928 pub., sec. 180; 1942 recod., sec. 10-214; am. May 20, 1986.]

  1. The City officer responsible for accounting shall keep a separate record for each grantee of a franchise from the City rendering service to be paid for wholly or in part by users of such service, which record shall show in the case of each such grantee:
  2. 1. The true and entire cost of construction, of equipment, of maintenance and of the administration and operation thereof; the amount of stock issued, if any; the amount of cash paid in, the number and par value of shares, the amount and character of indebtedness, if any; the rate of taxes, the dividends declared; the character and amount of all fixed charges; the allowance, if any, for interest, for wear and tear or depreciation; all amounts and sources of income.
  3. 2. The amount collected annually from the City treasury and the character and extent of the service rendered therefor to the City.
  4. 3. The amount collected annually from other users of the service and the character and extent of the service rendered therefor to them. Such books of record shall be open to public examination at any time during City business hours. Such information, in addition to any further data which may be required by the City, under this Charter, shall be furnished by the grantees or holders of such franchises upon request, and at such grantee's own cost and expense.
  5. 4. In case any grantee or holder of a franchise fails or refuses to furnish such information when requested so to do on petition being presented on behalf of the City to the circuit court, such court shall have jurisdiction to compel such grantee or owner to furnish such information and tax the costs of such application against the defendant in such proceedings and in addition may impose a fine of not less than twenty-five dollars ($25) nor more than five hundred dollars ($500) for every such offense. All fines collected under this Section shall be paid into the General Fund. The procedure on such application shall be as far as possible analogous to that on mandamus.

Section 10-215 Nonabandonment.

[May 3, 1913, new sec. 83; rev. 1914, sec. 182; 1928 pub., sec. 182; 1942 recod., sec. 10-215; amended November 8, 2022, effective January 1, 2025.]

  1. No abandonment, nonuser or failure to comply with the terms of the franchise shall release the holder from any of the obligations thereof without the consent of the City expressed by ordinance which shall be subject to the referendum. Notwithstanding such abandonment the provisions of the franchise may be enforced, but upon abandonment, nonuser, or failure to comply with any of the terms of the franchises, the City may by ordinance declare a forfeiture, whereupon all rights of the holders of the franchise shall immediately be divested without a further act upon the part of the City, and in case of a franchise for occupancy of streets, the holder shall be required notwithstanding such forfeiture, to remove its structures or property from the streets and restore the streets to such condition as the City may require or as may be stipulated in the grant; and upon failure to do so the City may perform the work and collect the cost thereof from the holder of the franchise. The cost thereof shall be a lien upon all the plant and property of the holder of the franchise, prior to any other lien except that of City assessments or general tax, and the City may collect the same as a City assessment or in any other lawful manner. 

Section 10-216 Assignments.

[May 3, 1913, new sec. 79; rev. 1914, sec. 178; 1928 pub., sec. 178; 1942 recod., sec. 10-216.]

  1. No franchise shall be sublet or assigned, nor shall any of the rights or privileges thereby granted or authorized be leased, assigned, sold or transferred without the consent of the City expressed by ordinance which shall be subject as other ordinances to the referendum. 

Section 10-217 Forfeiture.

[May 3, 1913, sec. 82; rev. 1914, sec. 181; 1928 pub., sec. 181; 1942 recod., sec. 10-217.]

  1. All franchises or privileges heretofore granted by the City which are not in actual use or enjoyment or which the grantee thereof has not in good faith commenced to exercise within the time required by the terms thereof are hereby declared forfeited and of no validity. This Charter shall in no wise validate any contract, privilege or franchise not heretofore a legal and valid obligation of the City. 

Section 10-218 Common Transportation Terminal.

[June 2, 1913, new sec. 93-1/2; rev. 1914, sec. 183; 1928 pub., sec. 183; 1942 recod., sec. 10-218; amended November 8, 2022, effective January 1, 2025.]

  1. It shall be the policy of the City of Portland to create a common transportation terminal, both land and water, embracing both sides of the harbor for its full extent in the City, which shall be subject to entry and use throughout its full extent by all common carriers on equal terms, as far as the property, rights and jurisdictions of the City may apply to secure same; and all such property, rights and jurisdictions of the City within one thousand (1,000) feet of meander line specified in Section 1-104 of this Charter shall be subject to use and demands for such common terminal purposes and needed connecting roadways, tracks and appurtenant facilities; provided that the public docks may be furnished with warehouses subject to lease.
  2. All proposed franchises, grants, privileges, and public improvements and other improvements as far as the jurisdiction of the City may extend, affecting such territory must be considered in relation to said common terminal and adapted thereto in a systematic way, and shall to that end be submitted to the City Engineer and the official or officials in charge of the public docks for approval. Without the approval of these, it shall require the affirmative vote of at least nine (9) Councilors to pass such measure. If the Council pass such measure without the approval aforesaid, the Mayor shall have the measure placed upon the ballot at the next ensuing regular election for approval or rejection by the people.
  3. No grant or franchise affecting this territory shall confer any superior right that may operate to defeat the purpose of this act to protect the common access on equal terms in said territory and any provision in any grant or franchise contrary to said purpose shall be null and void.
  4. The purpose of this act is to provide connections for and means of interchange of traffic upon the lines or tracks of all common carriers, public or private, with the greatest facility and economy and the least obstruction, inconvenience and cost possible. The City Engineer and the official or officials in charge of the public docks shall at once draw up such plan and elaborate and extend it from time to time to meet the purpose of this act as public needs develop.
  5. In pursuance of the policy established by this amendment, the Mayor shall cause to be made an inventory of all public properties and rights within the one thousand (1,000) foot limit defined herein, and to have said properties defined and recorded, especially between meander and harbor lines, and utilize the same to the fullest possible extent in the development of the terminal plan herein provided for. And where, in such development, the City may lack jurisdiction for control, the Mayor and Council are required to use, under wise discretion, their best efforts to secure the jurisdiction and control necessary.
  6. All acts and parts of acts in conflict with this act are hereby repealed. 

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