HomeMy WebLinkAbout15825 ORD - 10/22/1980Ile
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH THE NUECES COUNTY RURAL FIRE PREVENTION DISTRICT
NO. 2 (FLOUR BLUFF) COMMENCING ON SEPTEMBER 1, 1980
AND EXTENDING THROUGH AUGUST 31, 1981, ALL AS MORE
FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY
OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF,
MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be authorized to execute a
contract with the Nueces County Rural Fire Prevention District No. 2 (Flour
Bluff), said contract term to commence September 1, 1980 and extend through
August 31, 1981, all as more fully set forth in the contract, a substantial
copy of which is attached hereto and made a part hereof, marked Exhibit "A".
SECTION 2. The necessity to authorize execution of the aforesaid
contract at the earliest practicable date in order to provide a more
effective firefighting force for the protection of life and property by
the prevention and extinguishment of fires in that portion of the City of
Corpus Christi known as the Flour Bluff area creates 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 but that such ordinance or resolution shall be read at three
several meetings of the City Council, and the Mayor, having declared that such
emergency and necessity exist, having requested the suspension of the Charter
rule and that this ordinance be passed finally on the date of its introduction
and take 'effect and be in full force and effect from and after its passage,
IT IS ACCORDINGLY SO ORDAINED, this the22—day of October 1980.
ATTEST:
6Ne/ig.,47
--City Secretary '
APPROVED:
20th DAY OF OCTOBER, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant Ci �J ,Forney
MAY
•
THE 'ITY OF CORPUS CHRISTI, TEXAS
15825
igaiMED
SSP 27 WO
CONTRACT
THE STATE OF TEXAS
COUNTY OF NUECES
In order to provide a more effective fire fighting force for the
protection of life and property by the prevention and extinguishment of
fires in that portion of the City of Corpus Christi known as the Flour Bluff
area, and described more fully herein, and to provide for the continued omis-
sion of the ad valorem tax heretofore levied by the Nueces County Rural Fire
Prevention District Number Two, this agreement is made by and between the
City of Corpus Christi, Texas, a municipal corporation, body politic and home
rule city under the laws of the State of Texas, hereinafter referred to as
CITY and the Nueces County Rural Fire Prevention District Number Two, here-
inafter referred to as DISTRICT:
City agrees to pay the District the sum of $44,000 annually and pay-
able monthly for and in consideration of the agreements, convenants and under-
takings hefein.
II
The District agrees not to levy a tax in said District during the
term of this contract. District further agrees to provide fire service and
to furnish at least ten volunteer fire personnel on any fire occurring within
the boundaries of said District. Said volunteers shall report automatically to
any such fire and shall actively work to extinguish such fire under the direc-
tion and control of the senior officer of the Corpus Christi Fire Department
and shall remain on duty'until released by such senior officer.
III
The City agrees to provide two base radio units, five mobile units,
three for fire apparatus and one for the Assistant Chief and one for the Fire
Chief, and one walkie-talkie, licensed under the District. It is mutually
agreed by and between the parties hereto that the radios are on loaned basis
only, to be used as long as the City deems this loan to be appropriate. The
City agrees to provide and bear the cost of maintenance of these radios and
radio monitors. All other charges incident thereto shall be paid by the
District.
beg. "4'
The District shall be responsible to and accountable for the use of the radios
under the Federal Communications Commission Act and meet all regulatory standards
related to their use by District personnel. The City's sole responsibility shall
be to maintain the mechanical parts of the system.
IV
The City shall be responsible for the investigation and control of all
fires within the City limits including those areas covered by this agreement.
However, the District agrees to cooperate during the investigation of any and
all fires in the area covered by this agreement. The senior officer of the
Corpus Christi Fire Department present at any and all fires shall be in charge
of the control and extinction of such fires, and shall be in charge and respon-
sible for any and all investigation arising therefrom with the support and coop-
eration of the District.
V
The Chief of the volunteer fire department will coordinate all the
activities and be responsible for liaison with the City.
VI
As additional consideration for this contract the City agrees to provide
a $10,000 accidential death, disability and dismemberment policy with U. S.
Fidelity and Guaranty Company, a copy of which insurance contract is on file in
the office of the Director of Finance; and to provide worker's compensation in-
surance for those salaried employees of the District during the term of this con-
tract. Upon expiration or cancellation of this contract such insurance shall be-
come the responsibility of the District. The City also agrees to provide automo-
bile liability insurance on the three fire trucks owned by the District up to the
limits of $100,000 bodily injury per person, $300,000 bodily injury each occurrence,
and $50,000 property damage each occurrence. The District agrees to idemnify the
City for any claims in excess of these limits. The City also agrees to provide
collision and comprehensive insurance in the amount of the value of the three
fire trucks.
VII
The District shall provide twenty-four hour dispatch service located
at the Flour Bluff Volunteer Fire Department.
VIII
The City agrees to furnish gasoline and other supplies necessary for
the performace of this contract to the District at City cost and the District
agrees to reimburse the City for such purchase on a monthly basis. This contract
shall be for a period of one year from September 1, 1980 through August 31, 1981.
This contract may be cancelled by either party by giving thirty days written
notice to the other party.
IX
Notwithstanding any other provisions of this contract, the City is not
obligated to respond to fire calls in that portion of the District located out-
side of the City limits. If the City should respond, then the provisions in
this contract shall apply.
WHEREFORE, WITNESS OUR HANDS binding the respective parties this the
day of , 1980. _
ATTEST: CITY OF CORPUS CHRISTI
By --
City Secretary R. Marvin Townsend, City Manager
APPROVED:
DAY OF OCTOBER, 1980
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
APPROVED:
(Depart ent .4
.ATTEST: NUECES COUNTY RURAL FIRE PREVENTION
DISTRICT NUMBER TWO
Secretary
By
President
Corpus Christi, Texas
22- day of Oettita. , 1 gav
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in 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, request that you suspend
said Charter rule or requirement and pass this ordinance finally,on the date it
is introduced, or at the present meeting of the City Council.
Respectfully,
The Charter rule was suspended
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
THE C TY OF CORPUS CHRISTI, TEXAS
by the
following vote:
The above ordinance was pass ;d by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
15825