HomeMy WebLinkAbout16537 ORD - 09/16/1981sp`9/14/8151st
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AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH THE NUECES COUNTY RURAL FIRE PREVENTION DISTRICT
NO. 2 (FLOUR BLUFF) COMMENCING ON SEPTEMBER 1, 1981,
AND EXTENDING THROUGH AUGUST 31, 1982, ALL AS MORE
FULLY SET OUT 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 and he is hereby authorized
to execute a contract with the Nueces County Rural Fire Prevention District
No. 2 (Flour Bluff) commencing on September 1, 1981, and extending through
August 31, 1982, all as more fully set out in the contract, a substantial
copy of which is attached hereto and made a part hereof marked Exhibit "A".
SECTION 2. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the public
necessity of executing the aforesaid contract for fire protection service in
the Flour Bluff area, such finding of an emergency is made and declared re-
quiring suspension of the Charter rule as to consideration and voting upon
ordinances or resolutions at three regular meetings so that this ordinance is
passed and shall take effect upon first reading as an emergency measure this
day of September, 1981.
ATTEST:
Ci Setary 41,;6,44
APP
:DAY OF SEPTEMBER, 1981
Bruce Aycock City Attorney
THE C Y OF CORPUS CHRISTI, TEXAS
16537
MICROFILMED
SEP 2 71984
4.0
CONTRACT
THE STATE OF THEXAS
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 omission of
the ad valorem tax heretofore levied by the Nueces County Rural Fire Preven-
tion 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, hereinafter
referred to as District:
I
City agrees to pay the District the sum of $68,000 annually and
payable monthly for and in consideration of the agreements, convenants and
undertakings herein.
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 and the boundaries of the city. Said volun-
teers shall report automatically to any such fire and shall actively work to
extinguish such fire under the direction 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. 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, 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 extinguishment of such fires, and shall be in
charge and responsible for any and all investigation arising therefrom with
the support and cooperation of the District.
V
The Chief of the volunteer fire department will coordinate all
activities and be responsible for liaison with the City.
VI
As additional consideration for this contract, City agrees to
provide a $10,000 accidental death, disability and dismemberment policy with
U. S. Fidelity and Guaranty Company, a copy of which insurance contract is
on file with the office of the Director of Finance; and to provide worker's
compensation insurance for those salaried employees of the District during
the term of this contract. Upon expiration or cancellation of this contract
such insurance shall become the responsibility of the District. The City also
agrees to provide automobile liability insurance on 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 performance 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, 1981,
through August 31, 1982. 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 outside 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 , 1981.
ATTEST: CITY OF CORPUS CHRISTI
By
City Secretary R. Marvin Townsend, City Manager
APPROVED:
ruce Aycock, C;ty Attorney Assistant City Manager
ATTEST: NUECES COUNTY RURAL FIRE PREVENTION
DISTRICT NUMBER TWO
By
Corpus Christi, T:1.as
de day o
, 1981
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance or resolution,
an emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you
suspend said Charter rule and pass this ordinance or resolution finally on the date it is
introduced, or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
MAYOR,
'THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the foll,wing vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
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