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Home My WebLink About03574 ORD - 10/28/1953AN ORDINANCE NO. 3574 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN AGREEMENT WITH THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, PUBLIC HEALTH SERVICE, AN AGENCY OF THE UNITED STATES GOVERNMENT, ASSUMING RESPONSIBILITY IN THE USE OF GOVERNMENT OWNED VEHICLES: IN ACCORDANCE WITH THE PROVISIONS AND CONDITIONS CONTAINED IN SAID AGREEMENT, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, A PICKUP TRUCK OWNED BY THE FEDERAL GOVERNMENT IS NOW ASSIGNED TO THE CITY OF CORPUS CHRISTI AND IS IN USE BY THE CITY- COUNTY HEALTH UNIT; AND WHEREAS, THE FEDERAL GOVERNMENT HAS FORWARDED A FORM WITH RECENT CHANGES IN GOVERNMENT REGULATIONS, NECESSITATING A REVISED AGREEMENT IN PLACE OF THE PREVIOUS FORM CDC 1222, BY VIRTUE OF WHICH THE PICKUP TRUCK HAS BEEN PREVIOUSLY USED BY THE CITY - COUNTY HEALTH UNIT: NOW, THEREFORE, 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 AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN AGREE- MENT WITH THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, PUBLIC HEALTH SERVICE, AN AGENCY OF THE UNITED STATES GOVERNMENT, ASSUMING RESPONSIBILITY IN THE USE OF GOVERNMENT OWNED VEHICLES, IN ACCORDANCE WITH THE PROVISIONS AND CONDITIONS CON- TAINED IN SAID AGREEMENT, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR USING A PICKUP TRUCK OWNED BY THE FEDERAL GOVERNMENT, NOW ASSIGNED TO THE CITY OF CORPUS CHRISTI AND IN USE BY THE CITY - COUNTY HEALTH UNIT, CBEATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESO- LUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUS- PENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE ,( n DAY OF v 1953• ATT -�-� -^ — MAYOR CI SECRETARY, TH ITY OF CORPUS CHRISTI, TEXAS APP VED AS LEGAL FORt ,:' / CITY ATTO NEY(/„., _. T AGREEMENT FOR LOAN OF VEHICLE "To: DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE Public Health Service Communicable Disease Center The her to assume f! liability for and to absolve the Public Health Service from any and all property damage and personal injury claims that may arise from the operation of Federally - owned vehicles assigned to�t�,��R -114 operated by non - Federal employees (employees under the control and supervision of the City of ga,,. Chri,j and not under the direct control of the Federal Government). It further agrees that all employees permitted to operate any Federal vehicle under this agreement will be informed that the Federal Tort Claims Procedure is not applicable to claims resulting from aoidents caused by non - Federal employees, as defined above, and that for their own protection and the protection of the public, personal liability insurance covering such employees while operating Federal vehicles should be obtained. It also agrees to furnish to the Public Health Serv- ico Board of Claims, through Communicable Disease Center , Public Health Service, a brief, re- port of each accident involving any Federal vehicle loaned under this agreement, setting forth the kind and amount of damages, the arrangements made for repairs to be performed, and sufficient facts to enable a determination to be made that the Federal vehicle was being used solely in the con- duct of the business for which $ is assigned. It also agrees to pay for the repair of damages to any Federal vehicle arising out of accidnets while the vehicle is on loan under this agreement. It further agrees that any vehicle on loan under this agreement will not be used for such purposes as attending to personal business affairs, pleasure trips, and the like, or for transporation of any person not engaged in the conduct of the business for which it is assigned. - 2 - It also agrees that any vehicle on loan under this agreement will not be used as transportation, be- tween office and residence except when it becomes necessary to begin a trip before the station garage opens in the morning or to return from a trip after the station garage has closed in the evening. It further agrees that each use of a vehicle between office and residence will be specifically approved by the'_ Mayor or his authorized representative in advance of such use, and that any officer or employee who wilfully uses or authorizes the use of any such vehicle for other than official purposes or in contravention of any of the above provisions will be suspended from duty without compensation for a period of not less than one month. ATTEST: CITY OF CORPUS CHRISTI, TEXAS CITY SECRETARY APPROVED AS TO LEGAL FORM: By' CITY ATTORNEY ITY ATTORNEY Dated: lq�- Vehicle Numbers: FS -3657 - 1948 Ford, 1/2 ton pickup, Motor No. 87- NG96,969 (PHS 00.321 (CDC) GA. CDC -1251 6 -53) CORPUS CHRISTI, TEXAS c - I f , 19 5 3 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH 5N 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, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT 15 INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR CITY OF COR US CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED 8Y THE FOLLOWING VOTE: A. A. LICHTENSTEIN ELI-ROY KING P. C. CALLAWAY .JAMES ,S,. NAISMITH W. JAMES BRACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN ELLROY KING P. C. CALLAWAY JAMES S. NAISMITH W. .JAMES BRACE 3s -74