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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