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HomeMy WebLinkAbout07321 ORD - 08/12/1964JKH:8 -12 -64 AN ORDINANCE AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ENTER INTO AN AGREEMENT WITH THE NUECES COUNTY RURAL FIRE PREVENTION DISTRICT NO. 2 FOR THE FURNISHING OF MATERIALS AND EQUIPMENT AND FUNDS IN PREVENTING AND EXTINGUISHING FIRES IN THE FLOUR BLUFF AREA, FOR A PERIOD OF ONE YEAR, ALL IN ACCORDANCE WITH THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, 7 AUTHORIZED AND DIRECTED TO ENTER INTO AN AGREEMENT WITH THE NUECES COUNTY RURAL FIRE PREVENTION DISTRICT N0. 2 FOR THE FURNISHING OF MATERIALS AND EQUIPMENT IN PREVENTING AND EXTINGUISHING FIRES IN THE FLOUR BLUFF AREA, FOR A PERIOD OF ONE YEAR, ALL IN ACCORDANCE WITH THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO ENTER INTO THE AFOREMENTIONED AGREEMENT FOR THE PURPOSES AND CONSIDERATION THEREIN SET OUT CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE PROVIDING THATRO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND IMPERATIVE t PUBLIC NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND + AFTER TS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF �' ,, 1964. n ATTE� // / /-,7,/ -,/1 CITY SECRETARY 1 ]UK APPROVED AS T GAL FORM T THE CITY OF CORPUS CHRISTI, TEXAS /I DAY OF ZIQc , 19_ ITT ATTORNEY 7321 AGREEMENT IN ORDER TO PROVIDE A MORE EFFECTIVE FIRE FIGHTING FORCE FOR THE PROTECTION OF LIFE AND PROPERTY BY THE PREVENTION AND EXTINGUISHMENT OF FIRES IN THAT PORTION OF THE CITY OF CORPUS CHRISTI KNOWN AS THE FLOUR BLUFF AREA, AND TO PROVIDE FOR THE OMISSION FOR THE YEAR 1964 AND THEREAFTER OF THE AD VALOREM TAX HERETOFORE LEVIED BY THE NUECES COUNTY RURAL FIRE PREVENTION DISTRICT 12, THIS AGREEMENT IS MADE THIS THE DAY OF AUGUST, 1964, BY AND BETWEEN THE CITY OF CORPUS CHRISTI, HEREINAFTER REFERRED TO AS "CITY" t AND THE NUECES COUNTY RURAL FIRE PREVENTION DISTRICT 12, HEREINAFTER REFERRED TO AS"DISTRICT °, R Y W I T N E S S 1. CITY AGREES TO FURNISH TO THE FLOUR BLUFF VOLUNTEER FIRE DEPART- MENT THE EQUIPMENT, SUPPLIES, UTILITIES AND EQUIPMENT MAINTENANCE SERVICES AS FOLLOWS:. (A) MAKE AVAILABLE TO THE FLOUR BLUFF VOLUNTEER FIRE DEPARTMENT i' ON A LOAN BASIS] FIRE FIGHTING EQUIPMENT CONSISTING OF HOSE, NOZZLES, BUNKER CLOTHES, MASKS AND AIR PACKS AND OTHER MINOR EQUIPMENT AS AGREED UPON BY THE CHIEFS OF THE FLOUR BLUFF VOLUNTEER FIRE DEPARTMENT AND THE CORPUS CHRISTI FIRE DEPART- MENT AND SHOWN ON A WRITTEN RECEIPT TO BE FURNISHED BY DISTRICT. (B) FURNISH OIL, FUEL, LUBRICANTS AND MATERIAL FOR FIRE APPARATUS OWNED BY THE NUECES COUNTY RURAL FIRE PREVENTION DISTRICT N0. 2. (C) FURNISHIP UTILITIES TO THE FLOUR BLUFF FIRE STATION CONSIST- ING OF WATER, GAS,ELECTRICITY AND TELEPHONE SERVICE NECESSARY FOR THE CONTINUED OPERATION OF THE DEPARTMENT. SAID UTILITIES WILL BE BILLED TO, AND PAID BY THE CITY OF CORPUS CHRISTI. (D) PERFORM ALL MAJOR APPARATUS MAINTENANCE AND REPAIR WORK UPON REQUEST FROM THE DISTRICT, ALL WORK TO BE PERFORMED IN FIRE DEPARTMENT SHOPS OF THE CITY. (E) FURNISH ALL NECESSARY PARTS UPON REQUISITIONS, APPROVED BY THE CHIEF OF THE CORPUS CHRISTI FIRE DEPARTMENT FOR MINOR APPARATUS MAINTENANCE AND REPAIRS, ALL OF WHICH MINOR MAINTENANCE AND RE- PAIR SERVICE SHALL BE PERFORMED BY THE DISTRICT. r (F) PROVIDE AND INSTALL TWO -WAY RADIO EQUIPMENT ON AT LEAST ONE OF THE DISTRICTS FIRE TRUCKS TO PROVIDE COMMUNICATION BETWEEN THE CITY AND THE DISTRICT RESPECTIVE DEPARTMENTS. 2. CITY AGREES TO PAY TO THE DISTRICT A REASONABLE COMPENSATION FOR THE FIRE PREVENTION AND EXTINGUISHING SERVICE TO BE FURNISHED BY DISTRICT IN ADDITION TO THE ABOVE, WHICH COMPENSATION IS AS FOLLOWS: A. AN ANNUAL PAYMENT OF NOT EXCEEDING $1100.00 FOR REIMBURSEMENT OF THE COST OF SOCIAL SECURITY AND INSURANCE COVERAGE COVERING PERSONNEL AND EQUIPMENT OF THE DISTRICT. B. MONTHLY PAYMENTS OF $1200.00 EACH MONTH TO BE USED SOLELY FOR THE PAYMENT OF SALARIES OF FOUR FULL -TIME EMPLOYEES OF THE DISTRICT. ANY PART OF SAID PAYMENT IN ANY MONTH NOT USED FOR SALARY SHALL BE A CREDIT AGAINST PAYMENT FOR THE FOLLOWING MONTH. C. A MONTHLY PAYMENT EQUIVALENT TO $20.00 PER MAN AS AN EXPENSE AL- LOWANCE,FOR NOT EXCEEDING 23 VOLUNTEER MEMBERS OF DISTRICT DEPARTMENT. SUCH EXPENSE ALLOWANCE WILL BE PAID WITHIN 15 DAYS AFTER THE END OF EACH CALENDAR MONTH TO EACH MEMBER OF THE FLOUR BLUFF DISTRICT WHO HAS RESPONDED TO AT LEAST 75 PERCENT OF ALL FIRE CALLS DURING THE PRECEDING CALENDAR MONTH AND HAS ATTENDED AND PARTICIPATED IN AT LEAST 60 PERCENT OF ALL DRILLS AND/OR TRAINING SESSIONS DURING THE PREVIOUS CALENDAR MONTH. ATTENDANCE RECORDS SHOW ING EACH MEMBERS RESPONSE TO FIRE CALLS AND ATTENDANCE AT DRILLS SHALL BE FURNISHED TO THE CORPUS CHRISTI FIRE CHIEF AND CERTIFIED TO AS TO CORRECTNESS BY THE CHIEF OF THE FLOUR BLUFF VOLUNTEER FIRE DEPARTMENT AND THE SECRETARY OF THE NUECES COUNTY RURAL FIRE PREVENTION DISTRICT N0. 2. 3. IN CONSIDERATION OF THE SERVICES AND FUNDS TO BE PROVIDED BY THE CITY AS ABOVE ENUMERATED, DISTRICT AGREES AS FOLLOWS: -2- ri A. TO CONTINUE THE OPERATION OF THE FLOUR BLUFF VOLUNTEER FIRE DEPART- MENT AND TO PROVIDE TO THE BEST OF ITS ABILITY PROMPT AND ADEQUATE RESPONSE TO ALL FIRE ALARMS ORIGINATING WITHIN THE FLOUR BLUFF AREA. FOR THE PURPOSE OF THIS AGREEMENT, SAID FLOUR BLUFF AREA SHALL BE AND INCLUDE ALL OF THE AREA EAST OF THE EAST BOUNDARY OF THE 030 BAY AND CREEK ANNEXED TO THE CITY OF CORPUS CHRISTI BY ELECTION OF AUGUST 5, 1961. B. TO MAINTAIN, WITH THE COOPERATION AND ASSISTANCE OF THE CORPUS CHRISTI FIRE DEPARTMENT, AN ACTIVE PROGRAM OF TRAINING FOR THE EMPLOYEES OF DISTRICT AND THE MEMBERS OF THE FLOUR BLUFF VOLUNTEER FIRE DEPARTMENT. C. TO EXPEND THE FUNDS PROVIDED BY CITY OF CORPUS CHRISTI ONLY FOR THE PURPOSE OF PAYING THE SALARIES OF 4 FULL TIME EMPLOYEES OF DISTRICT AND FOR PROVIDING THE NECESSARY INSURANCE ON PERSONNEL AND EQUIPMENT, AND TO RENDER TO THE CITY WITHIN FIFTEEN DAYS AFTER THE END OF EACH CALENDAR MONTH A STATE- MENT SHOWING THE SOURCE AND AMOUNT OF ALL FUNDS RECEIVED BY THE DISTRICT, A STATEMENT OF ALL EXPENDITURES MADE BY THE DISTRICT INDICATING TO WHOM SUCH PAYMENTS WERE MADE AND THE PURPOSE THEREOF, AND THE AMOUNT OF ANY CASH BALANCES REMAINING AT THE END OF EACH CALENDAR MONTH. SUCH STATEMENT SHALL BE CERTIFIED BY THE PROPER OFFICERS OF DISTRICT AS BEING TRUE AND CORRECT. D. TO IMMEDIATELY DISCONTINUE THE LEVYING OF AD VALOREM TAX ON REAL AND PERSONAL PROPERTY LOCATED WITHIN SUCH DISTRICT AND NOT TO LEVY SUCH TAX AS LONG AS THIS AGREEMENT REMAINS IN EFFECT. 4. THIS AGREEMENT MAY BE TERMINATED BY EITHER PARTY AFTER THIRTY DAYS NOTICE IN WRITING EXECUTED BY THE DULY AUTHORIZED OFFICERS OF THE PARTY GIVING NOTICE. WITNESS OUR HANDS IN DUPLICATE, EACH OF WHICH SHALL BE CONSIDERED AN ORIGINAL. THIS THE DAY OF , 1964. ATTEST: CITY OF CORPUS CHRISTI, TEXAS BY: CITY SECRETARY CITY MANAGER APPROVED AS TO LEGAL FORM THIS NUECES COUNTY RURAL FIRE PREVENTION THE DAY OF , 1964: DISTRICT # 2 BY: CITY ATTORNEY ATTEST: DIRECTOR OF FINANCE CORPUS CHRISTI, TEXAS DAY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE,FORE_- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. r RESPECTFULLY, YOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JAMES L. BARNARD / GC�C ,JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON ✓ M. P. MALDONADO V/ W. J. ROBERTS W. H. WALLACE, JR./ THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING NOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JF I