Article XII. Galveston Wharves  


ARTICLE XII. GALVESTON WHARVES

Section 1. Designation as a Separate Utility. The Wharf and Terminal properties belonging to the City of Galveston, as set forth and described in that certain ordinance adopted on the 17th day of October, 1940, authorizing the issuance of City of Galveston Wharf and Terminal Facilities Revenue Bonds and execution of a trust indenture securing the same, together with all additions, improvements, or extensions of such properties, and the accumulated income and increment thereof, as heretofore or hereafter acquired by the City, are set apart and designated as a separate utility of the City, to be known as "Galveston Wharves" and to be managed, maintained, operated and controlled as herein provided.

Section 2. Board of Trustees. The Galveston Wharves, and the income and revenue therefrom, shall be fully managed, controlled, maintained and operated by a Board of Trustees to be known as "Board of Trustees of the Galveston Wharves." One member of such board shall be the ex officio representative of the City's Council and shall be elected by the Council from their own number to serve as such Trustee during a term contemporaneous with the term of the Council electing him. The four members of the Board of Trustees of the Galveston Wharves other than the ex officio member thereon who are serving in this capacity on the effective date of this Charter, by prior appointment, shall continue to hold such office until the several expirations of the terms for which they were appointed. On or after the 1st day of January, 1962, the Council shall appoint three additional Trustees to serve for terms of one (1), two (2) and three (3) years thereafter and these three Trustees, with the three remaining holdover Trustees then having unexpired terms of one (1), two (2) and three (3) years respectively shall, with the ex officio member, constitute a board of seven (7) Trustees. All appointments thereafter shall be for terms of three (3) years, excepting an appointment to fill a vacancy occurring before the expiration of a term that shall be only for the unexpired term, with two regular appointments of Trustees being made by the Council on or after January 1st of each year so that the total membership of the said Board of Trustees will be fixed and shall remain at seven.

Section 3. Qualification of Trustees. At the time of appointment, each Trustee shall be a citizen of the United States and shall have resided in the City of Galveston for at least one year immediately prior thereto. With the exception of the ex officio member no Trustee shall hold an elective public office, and no Trustee shall be appointed who is an employee of the City or of the Galveston Wharves. A Trustee who ceases to possess any qualification required for appointment as Trustee shall automatically vacate the office as a Trustee.

Section 4. General Powers of Board of Trustees. The Board of Trustees shall have those powers which are necessary or proper to the discharge of their responsibilities including, but not being limited to, the election of a Chairman, the employment of a general manager for Galveston Wharves and such subordinate officers and employees as may be required for the proper conduct of the Galveston Wharves, the preparation of budgets, the fixing of charges, the authorization of expenditures, the acquisition of properties, the determination of policies, and, in general, the complete management and control of the Galveston Wharves and the income and revenue thereof, subject only to the special limitations herein provided. All meetings of the Board of Trustees shall be open to the public excepting only for executive sessions held to discuss personnel appointments or to discuss or act upon matters of concern to the competitive position of the Galveston Wharves as a port facility.

(Ord. No. 96-59, § 15, 6-16-96)

(Ord. No. 96-59, § 15, 6-16-96)

(Ord. No. 91-95, § 4(16), 11-14-91; Ord. No. 96-59, § 15, 6-16-96)

(Ord. No. 77-4, § 3, 1-17-77; Ord. No. 79-24, § 3, 4-9-77; Ord. No. 96-59, § 15, 6-16-96)

(Ord. No. 96-59, § 15, 6-16-96)

(Ord. No. 96-59, § 15, 6-16-96)

(Ord. No. 96-59, § 15, 6-16-96)

(Ord. No. 89-17, § 3(21), 1-26-89; Ord. No. 96-59, § 15, 6-16-96)

(Ord. No. 73-17, § 3, 4-12-73; Ord. No. 96-59, § 15, 6-16-96)

(Ord. No. 91-95, § 4(17), 11-14-91; Ord. No. 96-59, § 15, 6-16-96)

(Ord. No. 96-59, § 15, 6-16-96)

(Ord. No. 96-59, § 15, 6-16-96)

(Ord. No. 91-95, § 4(18), 11-14-91; Ord. No. 96-59, § 15, 6-16-96)

(Ord. No. 96-59, § 15, 6-16-96)

(Ord. No. 96-59, § 15, 6-16-96)

refstatelaw

Open meetings art., Vernon's Ann. Civ. St. art. 6252-17.

All of the area lying in the City and County of Galveston, Texas, commonly referred to as Pier 19, and described by metes and bounds as follows:

Beginning at a point on the northerly edge of a concrete street near the middle of 20th Street, said point bears N 22° 38′ W a distance of 336.9 feet from the northwest corner of City Block 679;

Thence N 18° 27′ W from said beginning point along a line parallel with and 6 inches easterly of a chain link fence, a distance of 243.8 feet to the edge of the ramp to Pier 19;

Thence N 64° 10′ E along the edge of said ramp a distance of 30.4 feet to the Northeast corner of said ramp;

Thence S 30° 21′ E along the edge of said ramp a distance of 18.4 feet to a point for corner;

Thence N 58° 32′ E along the northerly face of a line of power poles, a distance of 609.6 feet to the easterly face of Pier 19;

Thence N 31° 28′ W along the easterly face of Pier 19 a distance of 37.2 feet to a point for corner;

Thence N 58° 32′ E a distance of 50.0 feet to a point for corner;

Thence N 31° 28′ W a distance of 29.6 feet to a point for corner;

Thence N 57° 17′ E across the mouth of the slip a distance of 191.5 feet to the northwest corner of Pier 18;

Thence S 34° 31′ E along the westerly face of Pier 18 a distance of 176.8 feet to an angle to the right in the pier face;

Thence S 7° 08′ E along the harbor side of the curb on Pier 18 a distance of 117.7 feet to a point for corner;

Thence N 35° 44′ E along a line parallel with and 6 inches southerly of a chain link fence, a distance of 73.8 feet to a point for corner;

Thence S 42° 15′ E inside of fence a distance of 81.0 feet to a point for corner;

Thence S 26° 28′ E inside of fence a distance of 50.9 feet to a point for corner;

Thence S 16° 05′ E a distance of 92.4 feet to a point 6 inches west of a gate post and on the northerly edge of the previously mentioned concrete street;

Thence S 16° 42′ E a distance of 24.5 feet crossing said concrete street to a point on south edge of said concrete street;

Thence S 73° 18′ W along said concrete street edge a distance of 63.12 feet to a point of curvature;

Thence southwesterly along a curve to the left with radius of 395.16 feet to a distance of 80.5 feet to the point of tangency;

Thence S 61° 38′ W continuing along the edge of the concrete street a distance of 211.3 feet to a point for corner;

Thence S 66° 13′ W a distance of 47.4 feet to a point for corner;

Thence N 23° 47′ W a distance of 20.0 feet to the place of beginning and containing 7.09 acres more or less;

which is owned by the City of Galveston and is under the management of the Board of Trustees of the Galveston Wharves is dedicated to be used, rented or leased exclusively as boat slips, berths or docks for shrimp boats, party boats, fishing boats, retail and commercial fish-sales outlets and fuel docks and public parking relating to all such uses, including existing railroad use. The tenants of said Pier 19 area as well as the public, shall have free and full access to such dedicated area, not rented or leased, on and over 20th Street north of The Strand and on and over a right-of-way easement for vehicular and pedestrian traffic being twenty (20) feet wide, starting at the intersection of 20th Street and the southeasterly side of the Pier 19 area continuing through the Pier 19 area and existing at the point Port Industrial Boulevard exits from Pier 19 area.

The Board of Trustees shall make, or shall authorize to be made, such expenditures for the maintenance and repair of the entire dedicated area as may be reasonably required to maintain all of the dedicated uses of this area; and the rental or lease payments to be charged for the use of any of the facilities in this dedicated area shall not be excessive, but shall be reasonable and in such amounts as will be competitive with similar charges made in such other public areas on the Texas coast.

Nothing contained herein shall be construed, either by the Board of Trustees or the Council, as an impediment to the rights of the holder of any of the city's bonds or as any diminishment of the city's obligations under any such bonds; rights of the holders of any of the city's bonds or as any and only to the extent that any other provision of this Charter or any provision of any city ordinance be in conflict herewith is any such provision of this Charter or of any ordinance hereby repealed.

The Board of Trustees shall have the power to contract in the name of the Galveston Wharves for all essential purposes, but shall have no power to contract in the name of the City of Galveston, and no undertaking, contract, action or inaction by the Board of Trustees individually or collectively, or under their authority, shall render the City liable for damages, indemnity or compensation or shall be binding other than on the properties, income and revenue of the Galveston Wharves.

All books, documents and records of the Galveston Wharves including the minutes of the proceedings of the Board of Trustees, shall at all reasonable times be open to inspection by the Council or its authorized representative. The books of account and other records shall be kept as nearly as practicable according to the procedure prescribed by the Interstate Commerce Commission or other regulatory authority having jurisdiction over the Galveston Wharves and shall adequately show all matters necessary to correctly present the condition of the property, and the income and expense of its operation. An annual audit shall be made by a Certified Public Accountant and a copy of this audit shall be filed with the City Secretary as a public record.

The Board of Trustees shall make or authorize to be made such expenditures for the maintenance, repair, replacement and improvement of the properties under its management and control as are necessary or desireable to establish and preserve the Galveston Wharves as an efficient and valuable wharf and terminal facility, and to this end shall be empowered to establish and maintain reserves for depreciation, working capital, and future additions and improvements.

In the purchase of equipment, supplies and materials and the awarding of contracts for construction and repair of the properties or for other purposes the Board of Trustees shall, whenever practical, follow the policy of soliciting competitive bids and shall comply with the competitive bidding requirements of State law.

From the annual net income remaining in each fiscal year after payment of all current maintenance and operating expenses the Galveston Wharves shall pay to the City of Galveston the sum of one hundred sixty thousand dollars ($160,000.00) of which amount twenty-five and thirty-nine one hundredths per cent (25.39%) shall be paid over to the Galveston Independent School District and the remainder thereof shall be for general City purposes. All other net revenues of the Galveston Wharves shall be retained thereby for the betterment and extension of this utility to the benefit and advantage of the City, provided, this shall not prevent the Board of Trustees from agreeing and contracting to pay the City at a reasonable and proper rate for such special services furnished by the City to Galveston Wharves as would not customarily be furnished to other businesses or utilities or if so furnished would not be furnished without a charge being made therefor.

No member of the Board of Trustees, and no officer, employee or agent of the Galveston Wharves shall have an interest, direct or indirect, either for the person or as agent for any other person, in any contract for work to be done for, or supplies or equipment to be furnished to, the Galveston Wharves. No trustee shall have the right to vote on any contractual matter in which the Trustee is financially interested, directly or indirectly. The position or employment of any person violating this provision shall automatically be terminated.

The Board of Trustees shall file with the Council at the end of each fiscal year an annual report showing in detail the operations for the year past, including, but not being limited to, the volume of business, the gross receipts and the operating expenses. The Council shall be entitled at any time to require, and the Board of Trustees shall thereupon furnish, any information that the Council may deem proper in order to fully understand the physical and financial condition of the Galveston Wharves and the results of its operations. The reports so filed shall be retained by the City Secretary as public records, provided only that the Council may order parts of any report or other information provided to be a closed record when that may be deemed necessary to protect the competitive position of the Galveston Wharves as a port facility.

No employment contract shall be made by the Board of Trustees for a term to exceed five (5) years except with the consent of the Council of the City of Galveston.

Members of the Board of Trustees shall receive no salary or compensation as such but each member shall be entitled to a fee of Ten Dollars ($10.00) for each meeting of the board attended. A member of the Board of Trustees shall also be entitled to the reimbursement of the Trustee's expenses, if any, incurred by the Trustee in the performance of the Trustee's duties as trustee.

All monies of the Galveston Wharves shall be deposited in a depository or depositories to be selected by the Board of Trustees in accordance with the procedures prescribed by law and under this Charter for the selection of the City depository, and no monies shall be withdrawn therefrom except in accordance with the regulations therefor established by the Board of Trustees.

The provisions of this article shall be construed as setting forth the provisions for the management, control, maintenance and operation of the Galveston Wharves and the income and revenues therefrom and shall constitute exceptions to the other provisions of this Charter in these respects.