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HomeMy WebLinkAbout022899 ORD - 04/15/1997AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 17 FINANCE AND TAXATION, ARTICLE I, SECTION 17-6, INSURANCE ON PRIVATE VEHICLES USED BY CITY --REQUIRED, TO PROVIDE THAT THE CITY MANAGER IS AUTHORIZED TO EXECUTE SUCH INSTRUMENTS AS ARE NECESSARY FOR THE CITY TO SELF -INSURE PRIVATELY OWNED MOTORCYCLES OPERATED BY POLICE OFFICERS DURING THE PERFORMANCE OF THEIR DUTIES OR DURING APPROVED OFF-DUTY ASSIGNMENTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. WHEREAS, the operation of motorcycles by Corpus Christi Police Officers to perform official law enforcement duties such as traffic enforcement and control serves a governmental function; WHEREAS, the operation of motorcycles by Corpus Christi Police Officers to provide funeral escorts and other approved off-duty assignments also serves a governmental function; WHEREAS, Section 142.006 (b) of the Texas Local Government Code requires that the City provide for insuring each police officer in its employ against liability to third persons arising out of the operation, maintenance, or use of a motor vehicle owned or leased by the municipality; WHEREAS, Section 142.006 (d) of the Texas Local Government Code provides that the City may elect to be self-insured or to reimburse the actual cost of extended automobile liability insurance endorsements obtained by a police officer on an individually owned automobile liability insurance policy; WHEREAS, Section 17-6 of the City Code of Ordinances provides that all employees who operate their own vehicles regularly in the business of the city must carry public liability and property damage insurance for the benefit of the city on their vehicles at all times; WHEREAS, insurance companies are no longer providing liability insurance for privately- LO\96\2900.004 April 4, 1997 tamulto 1 ?2999 owned motor cycles operated for law enforcement purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Code of Ordinances of the City of Corpus Christi is hereby amended to read as follows: Sec. 17-6. Insurance on private vehicles used by city --Required. All employees of the city drawing car or motorcycle allowances from the city and all employees using their own automobiles or motorcycles regularly in the business of the city shall carry public liability and property damage insurance for the benefit of the city on their automobiles or motorcycles at all times. The City Manager is hereby authorized to execute such lease agreements as are necessary to include privately owned motorcycles in the City's self-insurance fund when the motorcycles are operated by Corpus Christi Police Officers during the performance of official police duties or during the performance of approved off-duty police escort assignments. The terms and conditions of the lease agreement are set out in the copy attached as "Exhibit A" and incorporated herein by reference as if fully set out. By the term "using their own automobiles or motorcycles regularly in the business of the city" is meant any employee using his automobile or motorcycle regularly in the business of the city and who claims on his income tax the expenses of such car as deductible items because such car is used in the business of the city. By the term "approved off duty_police escort assignments" is meant those police escort assignments which serve a governmental function and which are approved by the Chief of Police or his designee. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or LO\96'2900.004 April 4, 1997 (1 49pm) 2 provision of this resolution shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not effect any other section, paragraph, subdivision, clause, phrase, word or provision of this resolution. It is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. LO\96\2900.004 April 4, 1997 (149pm) 3 ThatOF foregoing or nance was read for the first time and passed to its second reading on this the xin Day of , 19 97 by the following vote: Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels ate Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols That the foro�in��g�,o�rdinance was read for the second time and passed finally on this the /5H1 Day of 1n :J t r , 19 q 7, by the following vote: Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels PASSED AND APPROVED, this the Vial Day of ATTEST: Armando Chapa, City Sec-tary .72 Approved this the 3day of April, 1997. James R. Bray Jr., City Attorney By: 605 Lisa Ortiz Assistant City Attorney Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols MAYOR MARY' RHODES THE CITY OF CORPUS CHRISTI •H2S99 LEASE AGREEMENT This Lease Agreement (hereinafter referred to as "the Agreement") is made between the City of Corpus Christi, a political subdivision of the State of Texas, (hereinafter referred to as "the City") and , a police officer employed by the City of Corpus Christi, (hereinafter referred to as "Lessor"), and WHEREAS, the use of motorcycles by Corpus Christi Police Officers to perform official law enforcement duties such as traffic enforcement and traffic control serves a governmental purpose; WHEREAS, the use of motorcycles by Corpus Christi Police Officers to provide funeral escorts and other approved off-duty assignments also serves a governmental purpose; WHEREAS, Section 142.006 (b) of the Texas Local Government Code requires that the City provide for insuring each police officer in its employ against liability to third persons arising out of the operation, maintenance, or use of a motorcycle owned or leased by the municipality; WHEREAS, Section 142.006 (d) of the Texas Local Government Code provides that the City may elect to be self-insured or to reimburse the actual cost of extended automobile liability insurance endorsements obtained by a police officer on an individually owned automobile liability insurance policy; WHEREAS, the Texas legislature in Article 715 c of Vernon's Texas Civil Statutes determined that it is imperative that local governments have the authority to provide coverage against any insurable risk at the lowest possible costs; WHEREAS, insurance companies are no longer providing liability insurance for motorcycles when they are used for law enforcement purposes; WHEREAS, the costs of obtaining liability insurance through the assigned risk pool are prohibitive; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and Lessor agree as follows: ARTICLE 1. LEASE OF MOTORCYCLES Lessor agrees to lease to City, and City agrees to lease from Lessor, the motorcycle specified in Schedule A attached hereto. When used in this Agreement, the term "motorcycle" shall mean a motorcycle leased hereunder. When used in this Agreement, the term "approved off-duty assignments" shall mean those off-duty assignments which (i) serve a governmental purpose of the City and (ii) have been approved by the Corpus Christi Police Chief or his designee. 11:AL02900A017.Ise.vr February 27. 1997 EXHIBIT A Any additions to or deletions from Schedule A, when agreed to by both parties, or any agreed variation in models or types of motorcycle, shall be evidenced by a supplement to this agreement. This agreement and its supplements thereto shall constitute the master lease agreement. ARTICLE 2. OWNERSHIP OF MOTORCYCLES This is an agreement of lease only and may not be construed as a contract for the sale of a motorcycle. City acknowledges that Lessor is the owner of the motorcycle leased hereunder. Lessor shall provide the City with evidence of ownership. ARTICLE 3. LEASE PAYMENTS If the Lessor is assigned full time duties as a Corpus Christi Police Motorcycle Officer, the City agrees to pay Lessor per mileage traveled in the performance of official duties, not to exceed twelve hundred (1200) miles a month, the standard mileage reimbursement rate adopted by the City in City Policy F--1.0. The City shall make such payment monthly to Lessor. If the Lessor is not assigned full time duties as a Corpus Christi Police Motorcycle Officer, but has been authorized by the Corpus Christi Chief of Police or his designee to perform approved off duty motorcycle assignments, the City agrees to make lease payments of $1.00 (one dollar) to Lessor which shall be payable each time the lease is renewed. ARTICLE 4. TERM The term of this Agreement shall be for a term of one year, commencing on the date the agreement is executed by the City Manager or his designee. Unless terminated as herein provided, the Agreement shall be automatically renewed for one year periods. ARTICLE 5. OPERATION OF MOTORCYCLES 1. If the Lessor is assigned permanently as a full time motorcycle officer for the Corpus Christi Police Department, then the parties agree that Lessor shall operate the motorcycle in the performance of official duties. The parties agree that Lessor may operate the motorcycle in the performance of approved off-duty police assignments. 2. Lessor shall not permit the motorcycle to be used in violation of any federal, state or municipal statutes, laws, ordinances, rules or regulations. 3. Lessor shall notify the City immediately of any and all accidents involving the motorcycle. Such notice shall be by telephone and in writing and shall include full details of the accident and the names and addresses of all parties and witnesses. 4. The City may inspect the motorcycle, upon the City's premises or elsewhere at any and all reasonable times, and the Lessor shall cooperate fully to facilitate such inspections. H:AL02900A017.Ise.vr EXHIBIT A February 27, 1997 2 5. Lessor shall not allow any other person to use the motorcycle in the performance of official police duties or in the performance of approved off-duty assignments. In other words, the parties agree that the only person who will use the motorcycle in the performance of police duties or in the performance of approved off-duty assignments is the Lessor. ARTICLE 6. SUBSTITUTION OF MOTORCYCLES Lessor shall have the right to substitute for any motorcycle under lease a motorcycle of comparable type and condition, subject to approval by Corpus Christi Chief of Police or his designee. ARTICLE 7. STATE, COUNTY AND CITY REGISTRATION AND LICENSES Lessor shall accomplish the titling, registration and licensing in the State of Texas of motorcycle in Lessor's name. Lessor shall accomplish and pay for any inspections of the motorcycle required during the term of this Agreement by any governmental authority. ARTICLE 8. TAXES Lessor shall pay and bear all federal, state and local sales, use, excise, personal property and other taxes and all governmental assessments, fees and charges imposed on or in connection with the motorcycle, or on the lease, use, ownership or possession thereof pursuant to this Agreement. ARTICLE 9. REPAIR AND MAINTENANCE 1. Lessor shall keep and maintain the motorcycle in good operating condition and working order. It shall be the duty of the Lessor to make all necessary repairs and replacements to the motorcycle, including but not be limited to tires, oil, lubricants and antifreeze required for the proper operation and/or protection of the motorcycle. The City agrees to provide for electrical repairs to the motorcycle if the Lessor is permanently assigned to the Motorcycle Division. 2. Lessor agrees to provide all gasoline necessary to operate said motorcycle and to maintain all oils and lubricants at the proper level. Lessor further agrees to keep said motorcycle properly stored and washed. 3. The City agrees to provide for the repair of a motorcycle which is damaged while being operated by Lessor in the performance of official police duties or during approved off-duty assignments. If the Corpus Christi Chief of Police or his designee determines that the motorcycle is so damaged that it cannot economically be placed in good working order, then the City shall, as soon as practicable after such event, pay Lessor the value of said motorcycle as listed in the then current issue of the N.A.D.A. Motorcycle/ Snowmobile / ATV / Personal Watercraft Appraisal Guide. H:AL02900A017 Ise.vr February 27. 1997 EXHIBIT A 3 ARTICLE 10. RISK OF LOSS Lessor retains risk of loss of the motorcycle, including loss caused by theft of the motorcycle. ARTICLE 11. INSURANCE When the motorcycle is operated by Lessor in the performance of official police duties or in the performance of approved off-duty assignments, the self-insurance fund of the City shall provide coverage for property and casualty losses, general liability, auto liability, worker's compensation and other miscellaneous risks to the extent not covered by contractual insurance or other indemnification. ARTICLE 12. INDEMNIFICATION When the motorcycle is operated by Lessor in the performance of official police duties or in the performance of approved off-duty assignments, the City shall indemnify Lessor as provided in Section 39-16 of the Corpus Christi Code of Ordinances. ARTICLE 13. TERMINATION 1. If the motorcycle is stolen, the Agreement shall terminate. Notwithstanding the previous provision, the Lessor reserves the option to offer a replacement or substitute motorcycle which motorcycle shall be subject to the terms of this Agreement and approval by the Corpus Christi Chief of Police or his designee. 2. If the Corpus Christi Chief of Police or his designee determines that the motorcycle is so destroyed or damaged that it cannot economically be placed in good working order, this Agreement shall terminate. Notwithstanding the previous provision, the Lessor reserves the option to offer a replacement or substitute motorcycle which motorcycle shall be subject to the terms of this Agreement and approval by the Corpus Christi Chief of Police or his designee. 3. If the Lessor ceases to be employed as a police officer by the City of Corpus Christi, the agreement shall terminate immediately. 4. If the Lessor is no longer authorized to operate the motorcycle in the performance of official police duties or in the performance of approved off-duty assignments, the agreement shall terminate immediately. 5. The agreement may terminate upon the mutual agreement of the parties. 6. A default by Lessor with respect to any of the responsibilities outlined in this agreement shall terminate the agreement. H:\L02900\017.1 se.vr February 27..1997 EXHIBIT A 4 7. Notwithstanding anything to the contrary herein, this agreement terminates automatically and without notice on (a) an attempted assignment by Lessor of this agreement, or (b) an assignment by Lessor for the benefit of creditors. 8. Either party may terminate this Agreement by providing the other party with thirty (30) days advance written notice of termination. ARTICLE 14. GENERAL PROVISIONS 1. This instrument has been executed in duplicate original copies and constitutes the entire agreement between the parties hereto. This agreement shall not be effective until authorized by the City Council and executed by the City Manager. This agreement cannot be amended or altered in any manner unless such amendment be signed by the City Manager (or his designee) and by Lessor. No forbearance to exercise any right or privilege under this Agreement or waiver of any breach of any of its terms shall be construed as a waiver of any such terms, rights or privileges, but the same shall continue and remain in full force and effect the same as if no such forbearance or waiver had occurred. 2. Neither this Agreement nor any interest herein may be assigned by either party. Nothing contained in this instrument shall be deemed to prevent the Lessor from pledging his interest in said motorcycle to secure financing for the purpose of said motorcycle. 3. Any notice given by one party to the other under this Agreement shall be given in writing at the address of the other party as set out below or at such other address as may have been furnished in writing for such purpose. For the City: Corpus Christi Police Department Attn: Police Chief P. Alvarez Jr. 321 John Sartain St. Corpus Christi, Texas 78401 For Lessor: 4. Lessor shall notify the City immediately in writing of any charges or liens of any kind whatsoever imposed upon the motorcycle. 5. This agreement shall be interpreted under and governed by the laws of Texas. If any provisions hereof or the application of any provisions to any person or circumstances is held invalid or unenforceable, the remainder hereof and the application of such provision to other persons or circumstances shall remain valid and enforceable. H:\L02900\017.Ise.vr April 4, 1997 EXHIBIT A 5 6. Any payments to be made by the City in accordance with the terms of this agreement shall be made from current revenues available to the City and any future payments shall be subject to appropriations. The parties recognize that the continuation of any contract after the close of any fiscal year of the City of Corpus Christi, which fiscal year ends on July 31 of each year, shall be subject to budget approval providing for or covering such contract item as an expenditure in said budget. The City does not represent that said budget item will actually be adopted, said determination being within the sole discretion of the Corpus Christi City Council at the time of the adoption of a City budget. Agreed to by: THE CITY OF CORPUS CHRISTI LESSOR By: By: Bill Hennings, City Manager Name: Date: Date: By: Pete Alvarez, Jr. Chief of Police Date: Attest by: Armando Chapa, City Secretary Approved as to legal form this day of , 1997. James R. Bray, Jr., City Attorney By: Lisa Ortiz, Assistant City Attomey H:AL02900A0I7.Ise.vr February 27. 1997 EXHIBIT A 6 SCHEDULE A Attached to and made part of the Lease Agreement between the City of Corpus Christi and Description of Motorcycle Make: Model: VIN: License Plate Number: H: \ L 02900\017.1 se. v r February 27. 1997 EXHIBIT A 7 Corp State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 1270397 PO# Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice - President and Chief Financial Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio San Patricio, Victoria and Webb 'Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. 022899 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 21ST day(s) of APRIL. 1997. ONE (1) Time(s) $48.50 Vice -President and Chief Financial Officer Subscribed and sworn to before me this 24th day(s) of April, 1997. E OF PASSA CIIIIMNANngCE the Codee of tOa�rd1w we 1-• ; ,�cpand Ta�tWt,AtF : ;Section 174, instates; to vehicles u!pd ty. wired, to pro ' tie Mariam Is auttfeil " ` � to s4Q1 instrU NS" ars necessary for the fitly asINnsure privately mad es operated by,.. officers during nce of their d pproved off-duty N. finance was p roved by the Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/97.