HomeMy WebLinkAbout02558 ORD - 07/19/1949AE ORDINANCE
AUTHORIZING AND DIRECTING THE CITY
MANAGER OF THE CITY OF CORPUS CHRISTI
TOE MOUTH A CONTRACT PROVIDING FOR
DELIVERY TO THE CITY OF CORPUS CHRISTI
TEXAS, OF A FIRE BOAT, PROVIDING FOR
THE OPERATION THEREOF ON THE PART OF
THE CITY AND THE AGREEMENT To CERTAIN
OBLIGATIONS ON THE PART OF THE NAV-
IGATION DISTRICTI AND DECLARING AN
EMERGENCY.
RNEREA3 it is considered highly essential and to the public
good that a fire boat be operated in connection with and as a part of
the fire department of the City, and
WHEREAS, the Navigation District desires to make said fire
boat and its equipment available to the Fire Department of the City
and to share to a limited extent in the maintenance and repair of said
fire boat and equipment;
NON, THEREFORE. BE IT OROURRD BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS=
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SECTION 1. That the City Manager of the City of Corpus. Christi,
Texas, is hereby authorised and directed to execute, for and on behalf of
said City, a contract by and between the City of Carlo Christi, Texas. and
the Roscoe County Navigation District No. 1 acting through its Board of
Navigation and Canal Commissioners hereunto duly authorized and hereinafter
called "District" and the City of Corpus Christi located in Nueces Cotinty.
Texas, hereinafter called "City ", a copy of which contract is attached hereto
and made a part hereof and reads as follows, to -wit:
A55`d
sT44A 7AO/49
STATE OF IMU 1
COUNTY or BURGS X
TH1.5 COWMCT aside between Nueess bounty Navigation
Ndstriot so. 1 aeting thrbrgh its Board of Navigation and
Cane" hereunto duly authorised and hereinafter
called sliistr3.6ts and r.he City of Corrua Oh.-Jett located in
Pubes, county, Tw as, hereinafter sallied eAitye.
lTliiG.:ak:Tgt
eiiSRUS District is now the owner of a fireboat of
4D foot 4j Dash lengft and the Gity &jA Ito Fire department does
not have ssotig its equipment a fireboat nor a pl ce for mooring
or berthing the same) "
WHIOSliS it is considered highly essential and to the
public grad that a fireboat be operated in connection with and
as a pact of the fire department of the Gityl and
`?'KIMZU« the District desires to eke said fireboat
and its equipment avid lable to the Fire Department of tae City
and to ahead to a limited extont In the maintensaso and repair
of said fireboat and eq:4pmonts
NEAT, TM`s, In oo- ,41deration of the aforagoing
arA of the covsnants and awgreementr hsreLiafter mentioned, it
iA &ere da
z.
The District does hseaby agree to convoy, to the City
by proper tramefer that certain boat now owned by the District
and equipped as a fire boat being more p'tieularly doscribad
as follows t
braft j foot 10 izd%vo ,Beasllt fts.3 incams!
length 40 foots 14 inches.
for and in coaa�deration of the payment of 065 -D0lUR (11.00)_1- cask to
be paid at the time of transfer of title to the said vessel,
Il
District agrees that it will with reasonable ampodition after
the ezecution of this contract commence Work for the oon"Tuetion of a
channel, jetties, dock and boathouse suitable for use by sno4 beat to be
located at the place and to be of the specifications as shown on the sketch
attached hereto and made a part hereof and will diligentky prosecute much
work to completion. It 1s agreed that the District shall furnish at its
em expense all easements and right-of-ways necessary for such Work and
construction including the location for the chanual. jetties, dock and boat -
hones.
III
City will at its own sapenae remove and relocate all utility
lines that interfere with the construction of the said channel at the
location designated for the construction above mentioned. In the event acy
protection of the sewerage lift station is deemed necessary by City, such
protection shall be furnished by the City at its awn coat and eapekse.
IV
Upon the date of completion and readiness for use, of the channel,
jetties, dock and boathouse contemplated to be constructed by the JAstrict,
the District agrees to transfer to the City the fireboat herein mentioned and
the City agrees to accept such boat subject to the terms of this agreement.
District agrees that at the date and time of the delivery of said boat to the
City it will be seaworthy to the satisfaction of the City Yacht Basin - Harbor
Vaster and equipped substantially as it In now equipped for operation and
Aavigaticn amt for the fightiag of fires, all equipment and machinery to be in
Operation condition to the satisfaction of the Chief of the City Fire Depart-
event, including the pump being in such condition as to deliver their required
?.:,::'cajecl%rr.
V.
Upon the omplotisn of the construction of the chance,,
'dock and boathouse and the acceptance by the City of the transfer to
it of the fireboat, it ie agreed that the City shall hale the right
to the exclusive use and o—upau y as Lossee of the said dock and boatj'�
house and the land adjacent thereto as designated on the attached sketch
within the bounds marked "leased premises% The rental to be paid to
Diatriot by CiV 82a11 be 019E DOLLAR 01.00) per year. The term of such
lease and right of user Shall end upon the cessation by City a8 cae of
the premises for the maintenance of a fireboat as contemplatod by this
Agreement or by abler termination under the terms of this Agreement.
+'1.
In ooaaideraticn of the transfer of the fireboat to it and
the building of the channel, dock and boathouse by the Distriot, the
Ci17 agraes to man, maintain and keep in repair,pnd to operate the nei:d
fireboat for firor3&bting purposes giving such fire protection services
to the properties of the District and of other parties on a }1 of the Dis-
trict's waterasya located westward of the Basoule Bridge as!suoh equipment
W provide IFUdda the discretion of the (. Fire
Chief for a period of tKo
years from date the firaboat'is transferred to City, and thQreafter until
this Agreement is terminated in accord with its tuns. It as of course,
contemplated that city m, use the boat for firefighting se7rvi.oes elso-
whom ia,the area. -
VII.
City agrees to pay the expense of maiutonence, repair and
"ration of the &W —boat and of the said dock and boathouse, For so
long as the City maintains the said fireboat and furnished the fire pro -
teotion ooatemplated hereby, District agrees to pay to the City the sum
of CrA Thousand Dollars ($1,000.00) annually in four (4) quarterly paysents
of Two Hundred and '�E, r *,"lars ( $250.00) each, the first paymeaftko
be made upon date of the delivery of the boat to the City and wubseguent
payments on. the let day of each quarter thereafter. It is understood -that
. this.payme�.of One Thousand Dollars ($1,000.00) shall by City be applied
as first coat of maintenance, repair and operation.
VIII.
It is agreed that the ore* manning the fireboat will be trained
'under the supervision of and at the expense of the City and SAmt said fire-
boat will 'us usad and directed from the fire station now ;gown as the Borth
Beach Station firehouse or azW relocation of said firehouse. It is under-
stood that the City will not maintain a full time orew on the boat but the
said boat will be operated with the personnel of the City Fire Department
stationed or assigned to the North Beach Station Firehouse, giving preference„
however, to land fires and such operation of said fireboat being only while
not oa duty attending to any land fire call.
I&.
It is understood that this agreement may be teruinated by oi#her
party at auy time after two years from the date transfer of the fireboat is
made by District to the City. The termination shall je effected days
after receipt of written notice sent registered mail or the authority of the
City Council of the City, or the Board of ftavigation and Canal Commiaaioners
of the District, as the case may ee, ::nd upon such tormi —lion, the City will
transfer title of such fireboat back be District and District shall accept the
return of son", In the event such boat is rotransforred to t he District, City
agrees at such time to have the boat in substantially the same condition it was
in at date of transfer to City subject only to ordinary wear and tear from
reasonable use. Upon such termination any part `of unexpended maimbaboaae funds
previously advanced by the District shall be retuned to the
Distriet, aad rrow the dato or toraination the City &hall be
polor:sod of all liability Wider this Agreement inourrad, after
such da v. the obligation of the Dietz-lot to mko VWMants
to City as PrVvldad In Paragraph VIl shall libdwise taroina$o
at ouch time. Alcoa apron Bush torainOttat the City sill our+
"u"r and deliver lsroh to the District the Book and boathouse
and praminos occupied by it as Les,se uM*r this agraesent in
subttarticlly the Baas c ,3ndition It was In at data of oseu-
pancy b;; Citya subject only to ordiagry wow and tsar ruse
reasonable use.
X.
city agrees that at all timoo while title to the
fireboat Is in City, it will beep the none. its hull, sp�arel,
Piton =a and mashinerya fully insured to its Pull insurable
value In a reliable i.icuren ce company or companies under pol-
icy or pol'eles covering all perils of the so". fire, end
all other perils su■tsmarily savored by what to ordinarily
known as full marine earerare. City further "moot that all
suss of money recslved as insurance shall be AP Plied to the
repels+ or rs,:laaement or cuon boat if ouch boat is repaired or
replaced. In the avant s,ch boat is not repaired or replaced
with another boat, City ma„ress th:t such sus or sumo of money#
together with such boat in Its state of disrepair, (if it not
be totally loot, shall be tronererrod And turned over to the
Dietrist and that thereafter this Agrssment shall in all
things be terminated,
Yt OITXW"s Wa OP this Instrument Is exsouted in
duplioate this _ _ day of 1940*
MM COTIM A&V14ATTOV 7-,ISTRICT NO. I
4
BY
BY
Its Navigation and Canal Cods -loners
CI-Y OP cop.mm CORI-4-.10 TRXA,"
By
AstIng by and through City Manager
-6-
SECTION 2• The fact that the,Firs Department of the City
of Corpus Christi does not have in its equipment a fire boat or
station to berth said boat and that it is desirable that the City
Fire Department so accept as a matter of public importance and
oreates a public imperative necessity requiring the suspension
of the Charter rule that no ordinance or resolution shall be pass-
ed finally on the date it is introduced and that such ordinance or
resolution shall be read at three several meetinge of the City
Council, and the mayor having declared that such public emergency
and imperative necessity exist, and having requested that such
Charter rule be suspended, and that this ordinance be passed finally
on the date of its introduction and take effect and be in full force
and effect and after its passage, IT IS ACCORDINGLY SO ORDAINED,
PASSED AND APPROVED this they_ day of July, A. D. 1949.
MAYCR
City of Corpus Christi, Texas
ATTEST:
Urty are ary
APPROVED AS TO LEGAL FORM:
el, .t
i, Texas
7r/ IMY
TO TEE 1Es WM OF THE CITY COUNCIL
OF THE CITY OF CORPUS CHRISTI
Gentlemen:
For the reasons set forth in the emrgemy clause of
the foregoing Ordinance, apublic es:ergemy and an imperative
necessity exist for the suspension of the Charter rule or re-
quirement that no Ordinance or Resolution shall be passed final-
ly on the date it is introduced, and that such Ordinance or Be-
solution shall be read at three several metings of the City
Council; I, therefore, hereby request that you suspend said
Charter rule or requirement and pass this Ordinance finally on
the date it is introduced, or at the present meting of the City
Council.
assg
Respectfully
i
City of Carpet Christi, Texas
The Charter rule was suspended by the following vote:
Leslie Wasserman
Jaak DeForrest
^
Barney Cott
Sydney E. Herndon
George L. Lcamga
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The above Ordinance was passed by the following votes
Leslie Wasserm
Jack DeForrest
Barney Cott
Sydney E. Herndon
George L. Lowmea
assg