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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= - 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 - The above Ordinance was passed by the following votes Leslie Wasserm Jack DeForrest Barney Cott Sydney E. Herndon George L. Lowmea assg