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HomeMy WebLinkAbout14547 ORD - 10/11/1978jkh:dn: 10/9/78 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A RENEWAL CONTRACT, FOR A PERIOD OF ONE YEAR, WITH THE NUECES COUNTY RURAL FIRE PREVENTION DISTRICT NUMBER TWO TO PROVIDE FIRE SERVICE FOR THAT PORTION OF THE CITY KNOWN AS THE FLOUR BLUFF AREA, AS MORE FULLY SET OUT IN SAID CONTRACT, A COPY OF WHICH IN SUBSTAN- TIALLY THE SAME FORM IS ATTACHED HERETO, MARKED "' EXHIBIT "A ", AND MADE A PART HEREOF: AND DECLARINGo AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: i SECTION 1. That the City Manager be and he is hereby authorized to execute a renewal contract,-for a period of one year, with the Nueces County Rural Fire Prevention District Number Two to provide fire service for that portion of the City known as the Flour Bluff area, as more fully set out in said contract, a copy of which, in substantially the same form, is attached hereto, marked Exhibit "A ", and made a part hereof. SECTION 2. That the necessity to authorize the execution of the aforesaid renewal contract so as to provide continuous fire protection for the Flour Bluff area of the City creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordi- nance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessi- ty 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 the day of Octo r, 1978. ATTEST: �' -�J�i 4i�• //I GCP/i� _C�fty Secretary MAYOR THE CITY 0 OR y HRISTI, TEXAS APP ROVED: _ /_/ ' DAY OF OCTOBER, 1978: J. BRUC YCOCK, CITY ATTORNEY By Assista ty Attorney IUt 0 81990 14547 i CONTRACT THE STATE OF TEXAS COUNTY OF NUECES 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 described more fully herein, and to provide for the continued omission of the ad valorem tax heretofore levied by the Nueces County Rural Fire Prevention District Number Two, this agreement is made by and between the City of Corpus Christi, Texas, a municipal corporation, body politic and home rule city under the laws of the State of Texas, hereinafter re- ferred to as CITY and the Nueces County Rural Fire Prevention District Number Two, hereinafter referred to as DISTRICT: I City agrees to pay the District the sum of $38,883 annually and payable monthly for and in consideration of the agreements, covenants and undertakings herein. II The District agrees not`to levy a tax in said District during the term of this contract. District further agrees to provide fire service and to furnish at least ten volunteer fire personnel on any fire occurring within the boundaries of said District. Said volunteers shall report automatically to any such fire and shall actively work to extinguish such fire under the direction and control of the senior officer of the Corpus Christi Fire Depart- ment and shall remain on duty until released by such senior officer. III The City agrees to provide one base radio unit, four mobile units, two for fire apparatus and one for the Assistant Chief and one for the Fire Chief, licensed under the District. It is mutually agreed by and between r the parties hereto that the radios are on loaned basis only, to be used as long as the City deems this loan to be appropriate. The City agrees to pro- vide and bear the cost of maintenance of these radios and radio monitors. All other charges incident thereto shall be paid by the District. The District shall be responsible to and accountable for the use of the radios under the Federal Communications Commission Act and meet all regulatory standards related to the use of the personnel. The City's sole responsibi- lity shall be to maintain the mechanical parts of the system. IV The City shall be responsible for the investigation and control of all fires within the City limits including those areas covered by this agreement. However, the District agrees to cooperate during the investiga- tion of any and all fires in the area covered by this agreement. The senior officer of the Corpus Christi Fire Department present at any and all fires shall be in charge of the control and extinction of such fires, and shall be in charge and responsible for any and all investigation arising therefrom with the support and cooperation of the District. V The Chief of the volunteer fire department will coordinate all the activities and be responsible for liaison with the City. VI As additional consideration for this contract the City agrees to provide a $10,000 accidental death, disability and dismemberment policy with U. S. Fidelity and Guaranty Company, a copy of which insurance contract is on'; file in the office of the Director of Finance; and to provide worker's com- pensation insurance for those salaried employees of the District during the term of this contract. Upon expiration or cancellation of this contract such insurance shall become the responsibility of the District. The City also provide automobile liability insurance on fire trucks owned by the District in the same amounts as carried on City fire trucks and additionally, colli- sion and comprehensive on fire trucks owned by the District as is being carried at this time. VII The District shall provide twenty -four hour dispatch service lo- cated at the Flour Bluff Volunteer Fire Department. VIII The City agrees to furnish gasoline and other supplies necessary for the performance of this contract to the District at City cost and the District agrees to reimburse the City for such purchase on a monthly basis. This contract shall be for a period of one year from September 1, 1978 through August 31, 1979. This contract may be cancelled by either party by giving thirty days written notice to the other party. IX Notwithstanding any other provisions of this contact, the City is not obligated to respond to fire calls in that portion of the District located outside of the City limits. If the City should respond, then the provisions in this contract shall apply. WHEREFORE, WI/TgSS OUR HANDS binding the respective parties this the %� day of l/�,�t�/ 1978. ATTEST: CITY OF CORPUS CHRISTI City Secretary APPROVED: DAY OF 1978: J. BRUCE AYCOCK, CITY ATTORNEY By SDIRECTOR;OF anity Atto ne B < FI A ATTEST: By R. Marvin Townsend, City Manager APPROVED: NUECES COUNTY RURAL FIRE PREVENTION DISTRICT NUMBER TWO By President Corpus Christi, TeAaas d day of 19-7 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 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; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, The Charter Rule was suspended Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample I 14547 THE CITjY OF CORk ISTI, TEXAS te: ,e: