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HomeMy WebLinkAbout16537 ORD - 09/16/1981sp`9/14/8151st 110 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 1_653'7