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Home My WebLink About15176 ORD - 10/17/197910-12-79 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 SUBSTANTIALLY THE SAME FORM IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. 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 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 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 the/7 day of October, 1979. ATTEST: � / , y'Secretary APPROVED: /6. DAY OF OCTOBER, 1979: J. BRUCE YCOCK CITY ATTORNEY THE CITY OF CORPUS CHRISTI, TEXAS 15178 MICROFILMED AUG 2 8 1980 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 omis- sion 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 referred to as CITY and the Nueces County Rural Fire Prevention District Number Two, here- inafter referredto as DISTRICT: City agrees to pay the District the sum of $44,000 annually and pay- able monthly for and in consideration of the agreements, covenants and under- takings 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 direc- tion and control of the senior officer of the Corpus Christi Fire Department and shall remain on duty until released by such senior officer. III The City agrees to provide two base radio units, five mobile units, three for fire apparatus and one for the Assistant Chief and one for the Fire Chief, and one walkie-talkie, licensed under the District. It is mutually agreed by and between 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 provide 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 their use by District personnel. The City's sole responsibility 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 investigation 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 respon- sible for any and all investigation arising therefrom with the support and coop- eration 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 accidential 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 compensation in- surance for those salaried employees of the District during the term of this con- tract. Upon expiration or cancellation of this contract such insurance shall be- come the responsibility of the District. The City also agrees to provide automo- bile liability insurance on the three fire trucks owned by the District up to the limits of $100,000 bodily injury per person, $300,000'bodily injury each occurrence, and $50,000 property damage each occurrence. The District agrees to idemnify the City for any claims in excess of these limits. The City also agrees to provide collision and comprehensive insurance on the amount of the value of the three fire trucks. VII The District shall provide twenty-four hour dispatch service located 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, 1979 through August 31, 1980. 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 contract, the City is not obligated to respond to fire calls in that portion of the District located out- side of the City limits. If the City should respond, then the provisions in this contract shall apply. WHEREFORE, WITNESS OUR HANDS binding the respective parties this the day of , 1979. ATTEST: CITY OF CORPUS CHRISTI City Secretary APPROVED: DAY OF , 1979: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney By DIRECTOR OF FINANCE By R. Marvin Townsend, City Manager ATTEST: NUECES COUNTY RURAL FIRE PREVENTION DISTRICT NUMBER TWO By President Corpus Christi, Texas /77 day of , 19 2/ 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, Ipt THE CI OF CORPUS CHRISTI, TEXAS MAYOR The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was passed Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky by the following vote: 15176