HomeMy WebLinkAbout10172 ORD - 03/17/1971AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE y
A COOPERATIVE AGREEMENT WITH THE CORPUS CHRISTI AREA
OIL SPILL CONTROL ASSOCIATION FOR THE PREVENTION AND
CLEANUP OF SPILLS OF OIL AND OTHER HAZARDOUS MATERIALS
WITHIN OR UPON THE WATERS OF THE BAYS AND OTHER WATER
AREAS WITHIN THE CORPORATE LIMITS OF THE CITY, ALL AS
MORE FULLY SET FORTH IN THE COOPERATIVE AGREEMENT,'A,
COPY OF WHICH, MARKED EXHIBIT "A ", IS ATTACHED HERETO
AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY.
WHEREAS, IT IS THE FINDING OF THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, AS DECLARED BY ORDINANCE THAT THIS COOPERATIVE AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI AREA OIL SPILL
CONTROL ASSOCIATION SUBSTANTIALLY PROVIDES FOR THE PREVENTION AND CLEANUP
OF OIL AND HAZARDOUS MATERIAL SPILLS IN THE-BEST INTEREST OF AND TO THE
ADVANTAGE OF CITY AND ITS INHABITANTS AND DEFINITELY ADVANCES THE PUBLIC
HEALTH, SAFETY,•AND WELFARE OF THE CITY AND•ITS INHABITANTS:
NOW, THEREFORE, 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, AUTHORIZED
' AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A
COOPERATIVE AGREEMENT WITH THE CORPUS CHRISTI AREA OIL SPILL CONTROL ASSOCIATION
FOR THE PREVENTION AND CLEANUP OF SPILLS OF OIL AND OTHER HAZARDOUS MATERIALS
WITHIN OR UPON THE WATERS OF THE BAYS AND OTHER WATER AREAS WITHIN THE CORPORATE
LIMITS OF THE CITY, ALL AS MORE FULLY SET FORTH IN THE COOPERATIVE AGREEMENT,
A COPY OF WHICH, MARKED EXHIBIT "A ", IS ATTACHED HERETO AND MADE A PART
-HEREOF.
SECTION 2. THE NECESSITY TO REDUCE TO WRITING THE UNDERSTANDING
AND TERMS OF THE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS
CHRISTI AREA OIL SPILL CONTROL ASSOCIATION CREATES A PUBLIC EMERGENCY AND
AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE
THAT NO 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 NECESSITY TO EXIST, AND HAVING.REQUESTED THE SUSPENSION OF
JL0172
THE CHARTER RULE AND THAT THIS ORDINANCC BE PASSED FINALLY ON THE DATE OF
ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND
AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 11V6 / DAY OF
MARCH, 1971•
ATTEST:
CITY SECRETARY / MAYOR `
THE CITY OF WRPUS CHRISTI, TEXAS
APPROVED: !/
_/Z/. DAY OF MARCH 1971:
CIT ATTORNEY
J
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COOPERATIVE AGREEMENT
THE STATE OF TEXAS j(
COUNTY OF hUECES X
BE IT REMEMBERED; That
WHEREAS, on this the day of March, 1971, the
City of Corpus Christi, Texas, a municipal corporation and
body politic, situated in the County of Nueces, State of
Texas, duly incorporated under and by virtue of the laws of
the State of Texas, hereinafter called "City ", by and through
its City Manager R. Marvin Townsend, and the Corpus Christi
Area Oil Spill Control Association, a non - profit corporation,
its principal office located in Corpus Christi, Nueces
County, Texas, duly incorporated under and by virtue of
the laws of the State of Texas, hereinafter called "Associa-
tion", by and through its President Byrd Harris, are mutually
desirous of entering into and effecting a cooperative agree-
ment for the prevention and cleanup of spills of oil and
other hazardous materials within or upon the waters of the
bays, estuaries, and gulf -side water areas and beaches with-
in the corporate limits of the City, and such spills upon
such waters and beaches adjacent to those within the said
corporate limits as may be reasonably and probably expected
to materially affect the prevailing environment of the City;
and
WHEREAS, it is the finding of the City Council of
the City of Corpus Christi, as declared by ordinance, that
this cooperative agreement substantially provides for such
prevention and cleanup in the best interest of and to the ad-
vantage of City and its inhabitants and definitely advances
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the public health, safety, and welfare of City and its in-
habitants, and
WHEREAS, it is the finding of the Board of Directors
of Association, as declared by its minutes approving this
cooperative agreement, that said agreement is in the best
interest of and to the advantage of Association and its mem-
bers;
NOW, THEREFORE, CITY AND ASSOCIATION do hereby engage,
form and'enter into this cooperative agreement for the here -
inbefore and hereinafter recited purposes and considerations,
upon the following terms and conditions:
_ 1
City shall pay, subject only to the lawful avail-
ability of unappropriated, transferable or uncommitted cur-
rent funds during the calendar year 1971, the total sum of
Twenty -five Thousand ($25,000) Dollars, either, at City's
option, in lump sum, or in not more than two (2) install-
ments, during said calendar year, to Association, through
its President and Treasurer, or Assistant Treasurer, jointly,
or his or their successors in office. Said total sum shall
be used and employed for and devoted by Association in dili-
gent, prudent efforts, to:
1. Research, investigation, fabrication, as-
sembly, and development of oil and hazardous
spill prevention, control and cleanup equip-
ment, methods and techniques;
2. Training of personnel in spill prevention,
control and cleanup operations, methods and
techniques;
3. Purchase of equipment, supplies and materials
for use under Subparagraphs 1 and 2;
4. Procurement and payment of administrative,
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training, operational, secretarial and
clerical personnel;
5. Control and cleanup of spills.
It•is expressly understood and agreed that no portion
of said total sum may be spent for any of the purposes desig-
nated in Subparagraphs 1 through 5 above unless the expenditure
object be usable in and serviceable for spill research, adminis-
tration, operation, prevention, control or cleanup within or
upon City's corporate limits and adjacent waters and beaches,
as-hereinbefore detailed.
Association may subcontract for all or part of the equip-
ment, research, materials, supplies, and services subject here-
of but no such subcontract shall in any way bind, obligate,
charge, indebt, or render liable the City.
II
Association agrees that it will maintain an accurate
and separate accounting and budgeting of said total sum and
its account shall be properly posted and footed not less often
than once every thirty (30) days, so that the receipt and ex-
penditure of said total sum may be clearly identified for
City audit purposes. Association shall permit, without cost,
City's Finance Department personnel, as well as its duly
authorized agents and auditors, to examine, inspect and audit
said account and budget, and all supporting papers and docu-
ments therefor, during regular business hours.of Association's
said principal office, where such account, budget, and sup-
porting papers and documents, or duly authenticated, true
copies thereof, shall at all times be kept.
III
City shall provide Association, on loan, with reim-
bursement to City, the services of a person experienced and
versed in contemporary oil, gas and petrochemical production,
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transmission, and transportation methods, operations, tech-
niques and applicable regulatory laws, knowledgeable of cur-
rent spill problems, spill control and cleanup equipment and
techniques, classified, or classifiable as a City employee
of not less than salary grade and step 33E under the City's
present Classification and Compensation Ordinance. The loan
of said services, however, without special, written perdis-
sion of the City Manager, shall not exceed twenty -five per
cent (25 %) of the normal, average City working hours of such
City employee if such City.employee were exclusively in City
service, during any consecutive, four -week period ensuing upon
the effective date of this cooperative agreement. As reim-
bursement for such loaned employee, Association shall pay City
monthly or at less frequent intervals as City may elect,
twenty -five per cent (25 %) of the gross salary paid or to
be paid by City to such employee for the interval covered by
any such payment.
It is understood and agreed that the person furnished
on loan hereunder by City shall be functioning as an Interim
General Manager of Association for a period of not longer
than three hundred sixty -five (365) days after date hereof,
unless such loaned service be sooner terminated by City or
Association.
It is further understood and agreed that City shall
be in no way liable, chargeable, indebted, or answerable for
the actions, negligence, or misconduct of said loaned person
while on loan and in the service of Association, and Associa-
tion hereby covenants and agrees to save and hold harmless
City from any and all judgments, debts, charges, obligations
and liabilities rendered, incurred or created by said loaned
person during any time he is on loan and acting for Association.
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IV
As of the effective date of the completion of the
subscribing, execution and attestation of this cooperative
agreement, as evidenced by the date hereinabove written,
Association shall immediately commence to accomplish the
purposes and considerations hereof and shall continually,
substantially, diligently and prudently pursue the same
until (1) all of said total sum has been entirely expended,
or expended and invested pursuant to the terms hereof, or
until (2) the services of said loaned person are terminated
according to the provisions hereof, whichever last occurs.
Association shall promptly furnish City, from time
to time, as requested by the City Manager, information and
reports as to the status and progress of work in which said
total sum is involved and as to the work in which said loaned
person is engaged.
V
This instrument of Cooperative Agreement merges any
and all agreements, understandings and bargains of the
parties hereto.
VI
In the event of war, riot, civil commotion,.natural
calamity or disaster, other than spill, or strike, substan-
tially preventing the performance of any term, condition, or
undertaking of this cooperative agreement by either party
hereto, the party or parties hereto thus affected thereby
shall be relieved from the obligation or performance of such
term, condition or undertaking for the duration of such sub-
stantial prevention, and shall not be answerable in damages
or penalty, or in specific performance, therefor.
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VII
In the event of dissolution of Association, or aban-
donment by Association of the major part of the work to be
undertaken hereunder by Association, any unexpended or un-
committed portion of said total sum paid by City, as of the
time of such dissolution or abandonment, as the case may be,
shall be promptly paid over to City in cash on demand by
City and shall constitute liquidated-damages under this co-
operative agreement.
VIII
If any provision, paragraph, subparagraph, sentence,
clause, phrase, or word of this cooperative agreement is
held invalid or unenforceable by final judgment of any court
of competent jurisdiction, the validity and enforceability
of any and all other provisions, paragraphs, subparagraphs,
sentences, clauses, phrases, or words of this cooperative
agreement shall not be in anywise affected thereby.
EXECUTED in duplicate originals the day and year first
above written in Corpus Christi, Nueces County, Texas.
THE CITY OF CORPUS CHRISTI
ATTEST: By.
R. Marvin Townsend, City Manager
T. Ray IZring
City Secretary
CORPUS CHRISTI AREA OIL
SPILL .CQNTROL ASSOCIATION
ATTEST:
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ByFd Harris, President 7
/ /
Harry L. Franklin,
APPROVED AS TO FORM AND
SUBSTANCE: �
City Attorney
Attorney for Associa ion
J
THE STATE OF TEXAS X
COUNTY OF NUECES X
BEFORE ME, the undersigned authority, on this day
personally appeared R. Marvin Townsend, City Manager of
the City of Corpus Christi, a municipal corporation, known
to me to be the person and official whose name is subscribed
to the foregoing instrument, and acknowledged to me that he
executed the same as the act and deed of said city, for the
purposes and consideration therein expressed, and in the
capacity stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the
day of , 1971.
NOTARY PUBLIC in and for Nueces County, Texas
THE STATE OF TEXAS X
COUNTY OF NUECES X
BEFORE ME, the undersigned authority, on this day
personally appeared Byrd Harris, President of the Corpus
Christi Area Oil Spill Control Association, a Texas non-
profit corporation, known to me to be the person and
officer whose name is subscribed to the foregoing instru-
ment,and acknowledged to me that he executed the same for
the purposes and consideration therein expressed, as the
act and deed of said corporation, in the capacity stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the
-LIZ -LIZI, day of 1971.
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NOTARY PUBLIC in and for Nuer_eV/County, Texas
HELEN T. DINTLiFF
Nn►an. pubpc, In and iorNuccas County, Texas
Corpus Christi, Texas
/-%0( _ day of `9 /C�th F Le / , 19 ? %
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing
ordinance, a public emergency and imperative necessity exist for the suspen-
sion 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; I, therefore,
request that you suspend said Charter rule or requirement and pass this ordi-
nance finally on the date it is introduced, or at the present meeting of the
City Council. n
Respectfully,
THE CITY OFGCORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jack R. Blackmon C
Gabe Lozano, Sr.Q
V. A. "Dick" Bradley, Jr___ (" Y
Eduardo E. de Ases
Ken McDaniel Y ��
W. J. "Wrangler" Roberti
Ronnie Sizemore
The above ordinance was passed by the following vote:
Jack R. Blackmon C�
Gabe Lozano, Sr.
V. A. "Dick" Bradley. Jr��
Eduardo E. de Ase
/i7• -, � � � Ken McDaniel
W. J. "Wrangler"
Ronnie Sizemore