HomeMy WebLinkAbout13873 ORD - 08/10/1977jkh: 7- 26 -77; 1st
AN ORDINANCE
AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE
CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI OIL•
SPILL CONTROL ASSOCIATION FOR JOINT USE OF THE 38 -FOOT
CREW BOAT FOR A FIVE -YEAR PERIOD, ALL AS MORE FULLY
SET FORTH IN THE TERMS AND CONDITIONS CONTAINED IN THE
AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO
AND MADE A PART HEREOF, MARKED EXHIBIT "A ",
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Authorization is hereby given for execution of an
agreement between the City of Corpus Christi and the Corpus Christi Oil
Spill Control Association for joint use of the 38 -foot crew boat, jointly
owned by the City and the Said Association, for a term of five years, all
as more fully set'forth in the agreement, a substantial copy of which is
attached hereto and made a part hereof, marked Exhibit "A ".
0
+IICROFILMED
=JUL Q7 rY ^�
138'73
F
JOINT USE AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
WHEREAS, there is an urgent need for the use of a 38 -foot crew
boat by the City of Corpus Christi, hereinafter called "City ", and by the
Corpus Christi Oil Spill Control Association, hereinafter called "Association ";
and
WHEREAS, it is mutually desirable and economically more feasible
for both the City and the Association to jointly use such boat; and
WHEREAS, the 38 -foot boat is now jointly awned by the City and the
Association through a joint purchase agreement, as set forth and executed
by both parties on August 2, 1972; and
WHEREAS, the joint purchase agreement included use privileges for
the City and the Association for a five -year period which expires on
August 2, 1977:
NOW, THEREFORE, the City of Corpus Christi, a municipal corporation
and body politic under the laws of the State of Texas, and the Corpus Christi
Oil Spill Control Association hereby enter into an additional five -year use
agreement and covenant of the 38 -foot crew boat and agree as follows:
1. Legal title of said boat to remain in the name of the City.
City will provide a berth or slip for and shall maintain said boat. The
Association will pay Fifteen Hundred Dollars ($1,500) per year toward the
care and maintenance of the boat. The City will provide a police radio
and a ship -to -shore radio and the Association will provide a unit radio
and oil spill control equipment for its use. The Director of the City
Marina Department or his designated representative will be in charge of the
boat at all times. However, the Association will be entitled to priority
in using the boat.
2. City agrees to purchase and maintain liability insurance for
the operation and maintenance of the boat within the corporate city limits
and extraterritorial jurisdiction of the City of Corpus Christi. The
Association assumes liability for the boat when operated outside the corporate
limits and extraterritorial jurisdiction of the City of Corpus Christi and
agrees to indemnify and hold harmless the City for any liability arising out
of Association's use of said boat outside the corporate limits and extraterri-
torial jurisdiction of the City of Corpus Christi.
3. The term of this agreement is from date of execution for a
term of five years, but both parties mutually reserve the right to renew
the agreement for another five years by giving thirty days written notice
to the other before the expiration hereof.
Upon expiration or termination of this agreement or any extension
thereof, each party shall have the option to sell its interest in said boat
to the other party on terms and conditions mutually acceptable to both
parties; provided, however, that in the event said boat suffers total or
substantial damage or is lost for any reason whatsoever prior to such
expiration or termination of agreement, the proceeds from casualty insurance
coverage on•said boat shall be shared by two - thirds (2/3) to the Association
and one -third (1/3) to the City.
WITNESS OUR HANDS in duplicate, this the day of ,
1977.
ATTEST:
City Secretary
APPROVED:
DAY OF JULY, 1977:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
ATTEST:
Secretary
CITY OF CORPUS CHRISTI
By
R. Marvin Townsend
City Manager
CORPUS CHRISTI OIL SPILL
CONTROL ASSOCIATION
By
President
F
That the foregoing ordinance was read for the first time and passed to its
second reading on this the cg,)6—day of %jj, 19Y_, by the
following vote: ` �I
Jason Luby
Eduardo de Ases
David Diaz
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward L. Sample
That the foregoing ordinance was read for he seco d time and passed to its
third reading on this the _day of Z, 19 77 , by the
following vote:
Jason Luby
Eduardo de Ases
David Diaz
Ruth Gill
Bob Gulley AAP
Al
Gabe Lozano, Sr.
Edward L. Sample
That the foregoing ordinance was read for the third time and passed finally
on this the day of UU 19 111) by the following vote:
Jason Luby
Eduardo de Ases
David Diaz
Ruth Gill
Bob Gulley z
Gabe Lozano, Sr.
Edward L. Sample
f , 19�_.
City Secretary MAYOR
THE C_ITY.OF CORPUS CHRISTI, TEXAS
AP VED: % This ordinance is in effect and
DAY OF, 19 7 r
P�I�PI force with or without the
.J. BRUCE AYCOCK, CITY ATTORNEY signature of the Mayor, in
accordance with Article II
a
Section 6 of the City Charter.
By
Assistant City Attorney
PASSED AND APPROVED, this the1Q� day o
ATTEST:
1 8873