Loading...
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