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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 0 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 Z= xis 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, -2- 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, -3- 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. 0 -4- 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. -5- 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: = r 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. - _'LC z LJ 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