HomeMy WebLinkAbout11010 ORD - 08/02/1972• JRR:HG:7- 26 -72; let
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
A JOINT USE - PURCHASE AGREEMENT BETWEEN THE CITY OF
CORPUS CHRISTI AND THE CORPUS CHRISTI AREA OIL SPILL
CONTROL ASSOCIATION IN ACCORDANCE WITH THE AGREEMENT
ATTACHED HERETO AS EXHIBIT "A"; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF C01TUS CHRISTI, TEXAS:
SECTION 1. That the City Manager be and he is hereby authorized
and directed, for and on behalf of the City of Corpus Christi, to execute
a joint use - purchase agreement between the City of Corpus Christi and the
Corpus Christi Area Oil Spill Control Association in accordance with the
agreement attached hereto as Exhibit "A ".
SECTION 2. The necessity to authorize the execution of the
aforesaid agreement in order that the terms and conditions may be reduced
to writing at the earliest practicable date 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
the Charter rule 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 its passage, IT IS ACCORDINGLY SO ORDAINED, this thea✓r� day
of 1972.
ATTEST:
City Secret y
AP RO - :
/l DAY OF&,, 1972:
"Ub " "Z
SR Asst City Attorney
0
O
MAYOR
THE CITY k C CHRISTI, TEXAS
�_i®i®
•
-3rd -
JOINT PURCHASE AND USE AGREEMENT
THE STATE OF TEXAS Z
COUNTY OF NUECES X KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, there is an urgent need for a thirty -eight (38)
foot crew boat by the Corpus Christi Area Oil Spill Control
Association, hereinafter called "Association ", and the City of
Corpus Christi, hereinafter called "City ", and
WHEREAS, it is mutually desirable and economically more
feasible for both the Association and the City to jointly purchase
and use said boat;
NOW, THEREFORE, the Corpus Christi Area Oil Spill Control
Association, and the City of Corpus Christi, a municipal corpora-
tion and body politic under the laws of the State of Texas, hereby
enter into this joint purchase and use agreement and covenant and
agree as follows:
1. The City agrees to bid on and purchase if such bid is
accepted, a thirty -eight (38) foot crew boat. The bid and purchase
price shall not exceed Twenty -Seven Thousand Two Hundred Fifty and
N01100 Dollars ($27,250.00). The Association agrees to pay Seventeen
Thousand Three Hundred Thirty -Three and No /100 Dollars ($17,333.00)
toward the cost of acquiring said boat and the City will pay
the remainder thereof. Legal title to said boat will be in the
name of the City. The City will provide a berth or slip for and
shall maintain said boat. The Association will pay One Thousand
Dollars ($1,000) per year toward the care and maintenance of the
boat. The City will provide a police radio and a ship -to -shore
radio and the Association will provide a portable radio for its
uses as well as pumping equipment for its use. The Director of
the City Marina Department will be in charge of the boat at all
times. However, the Association will be entitled to priority in
using the boat.
2. The City agrees to purchase and maintain liability
insurance for the operation and maintenance of the boat within
corporate city limits and extra - territorial jurisdiction of the
City of Corpus Christi. The Association assumes liability for the
boat when operating the boat outside the corporate limits and
X'/,
extra - territorial jurisdiction of the City of Corpus Christi
and agrees to indemnify and hold harmless the City for any
liability arising out of Association's use of said boat outside
the corporate limits and extra - territorial jurisdiction of the
City of Corpus Christi.
3. The term of this agreement is from date of execution for
a term of five (5) years but both parties mutually reserve the
right to renew the agreement for another five (5) years'by giving
thirty (30) days written notice to the other before the expira-
tion hereof.
At the end of the initial five -year term of this agree-
ment or the end of the term of this agreement as it may be ex-
tended, Association will transfer to City all of its right,
title and interest in said boat and City will simultaneously
reimburse Assocation for two - thirds (2/3) of the then appraised
market value of such boat. This provision for reimbursement
shall also apply in the event this agreement is terminated for
any reason prior to the end of the term of this agreement, unless
terminated due to total or substantial destruction or loss of said
crew boat, in which event the proceeds from the property insurance
covering the same will be paid two - thirds (2/3) to the Association
and one -third (1/3) to the City.
WHEREFORE, witness our hands binding the respective
parties, this the day of , 1972.
CORPUS CHRISTI AREA OIL SPILL CONTROL
ASSOCIATION
ATTEST: By
CITY OF CORPUS CHRISTI
By
ATTEST: R. Marvin Townsend, Lity Manager
City Secretary pp
APPROVED this the �ns
day
n of C�/i 1972.
� UV
SR X557 City ttorney
CORPUS CHRISTI TEXAS
DAY OFF 19 7 a,
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; 1, 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. _
RESPEC
e
G
2o '
YOR
THE CITY OF ISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLDJ. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
- RONNIE SIZEMORE
• CHARLES A. BONNIWELL -
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK