HomeMy WebLinkAbout021313 ORD - 12/31/1991AN ORDINANCE
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN
AGREEMENT WITH NUECES COUNTY FOR CONTINUATION OF BEACH
CLEANING AND LIFEGUARD SERVICES ON CITY ANNEXED PADRE
ISLAND BEACHES UNTIL JULY 31, 1992 AND APPROPRIATING AN
ADDITIONAL STATE GRANT IN THE APPROXIMATE AMOUNT OF $11,000
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager, or his designee, is hereby authorized to
execute an Agreement with Nueces County for continuation of beach cleaning and Lifeguard
services on city annexed Padre Island Beaches until July 31, 1992, as more fully set forth in the
Agreement, a substantial copy of which is attached hereto and made a part hereof, marked
Exhibit "A." Funding of $54,000 is provided by the approved FY 91-92 budget in the amount of
$43,000 and an additional State grant in the approximate amount of $11,000.
SECTION 2. That funds provided by the State Grant in the approximate amount
of $11,000 are hereby appropriated to pay for said beach cleaning and lifeguard services.
AG5000.073.aar
11111313
AGREEMENT
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES §
This Agreement is made and entered into this the day of, by
Nueces County, Texas, hereinafter referred to as County, and the City of Corpus Christi,
Texas, hereinafter referred to as City. In consideration of the mutual covenants and
conditions contained herein, the County and City hereby covenant and agree as follows:
I.
County agrees to provide the following services on the public beaches at Padre Island
annexed by City under Ordinance No. 16752 passed and approved by the City Council on
the 9th day of December, 1981 and under Ordinance No. 20140 passed and approved on the
29th day of December, 1987 as shown on Exhibit "A", attached and made a part hereof:
(a) Three (3) lifeguards and lifeguard stations to be
positioned and deployed to provide adequate coverage of
the aforesaid beach during the period on or about May 15,
1992 through July 31, 1992.
(b) Portable restroom facilities, as needed, with a minimum of
six (6) deployed at any time from May 15, 1992 through
July 31, 1992.
(c) Trash receptacles as needed.
(d) Maintenance personnel, supervisors, support per-
sonnel, and equipment to adequately clean and maintain
the described beach and facilities and to pick up
accumulated trash, debris, seaweed, oil and tar wash-ups
and to haul such accumulations to approved dump sites, in
accordance with standard operating maintenance
procedures on adjacent beaches.
(e) Minimum of five (5) street lamps.
1
I I.
City shall reimburse County for the actual expenses incurred by the County in
performing the services described in paragraph I up to an amount not to exceed Fifty Four
Thousand Dollars ($54,000) without prior City Manager approval. County will send an
itemized bill to City on a regular basis during the term of this Agreement.
This Agreement shall be effective for the period September 1, 1991 through July 31,
1992, inclusive, and shall terminate thereafter.
IV.
DEFAULT: In the event the City fails to make payments required under this agreement
when due, the County may terminate the agreement after giving the City thirty (30) days
notice in writing.
In the event the City fails to perform or comply with any terms or conditions of the
agreement, the County may terminate the agreement after giving the City sixty (60) days
notice in writing of the failure to comply with the agreement. Except for default by failure
to make payments when due under this agreement, the City shall have sixty (60) days to cure
any default.
In the event the County fails to perform or comply with any terms or conditions of the
agreement, the City may terminate the agreement after giving the County sixty (60) days
notice in writing of the failure to comply with the agreement. The County shall have sixty
(60) days to cure any default.
V.
LIABILITY: City shall indemnify and hold harmless County, its agents, officers,
contractors and employees ("Indemnitees") from all suits, actions or claims and from all
liability for any and all injuries or damages sustained by any person, including property
damage, using the annexed areas of public beaches as outlined in exhibit "A", including all
claims arising from the use of, or activities on said public beaches or from any conditions
of said public beaches, unless such injuries are caused by Indemnitees' negligence and except
for injuries to Indemnitees.
VI.
This Agreement expresses the entire agreement between the parties. Any
modification, amendment, or addition to this Agreement shall not be binding upon the
parties unless reduced to writing and signed by persons authorized to make such agreements
on behalf of the respective party.
EXECUTED IN DUPLICATE ORIGINALS on the date set forth in the introductory
paragraph hereof.
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
By: By:
City Secretary, Armando Chapa City Manager, Juan Garza
Date: Date:
APPROVED: James R. Bray:
LA (t,a4,-* �4C a 1 t)tU
Assistant City Attorney
ATTEST: NUECES COUNTY, TEXAS
County Clerk, Ernesto M. Briones County Judge, Robert N. Barnes
APPROVED: Carlos Valdez
Assistant County Attorney
3
09/25,1991 09:04
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That the foregoing o finance was read for the first time and passed to its second reading ais
the L' - day of L ( "(. , 19 G , by the following vote:
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
That the foregoing or
this the I r2 day of
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
e1 . Edward A. Martin (11., 1 ,
1_, Joe McComb (tC?',
E(t i. • Dr. David McNichols
Li x Clif Moss
Mary Pat Slavik
,
mance was ,,read for the second time and passed to its third reading on
14 C Q f)'\ L E , 19 1 , by the following vote:
That the foregoing , ordinance was read for
day of J (2 ntii iC A-1 , 19Lg 1 , by the
Mary Rhodes
1
Cezar Galindo j .
Leo Guerrero L
Betty Jean Longoria /(1 � .
PASSED AND APPROVED, this the _I
Al "1 ST: C
City Secretary
Edward A. Martin
Joe McComb
Dr. David McNichols y"
Clif Moss
Mary Pat Slavik (t ( )(
the third time and passed finally on this the
following vote:
Edward A. Martin Iae •
n
Joe McComb (1-/ 1 .
Dr. David McNichols
Clif Moss (t Q�
Mary Pat Slavik
day of
(2e-ae_,
1vipo ,19 I .
MAYOR
THE CITY F CORPUS CHRISTI
APPROVED: 3 DAY OF (L f ) , 19/:
JAMES R. BRAY, JR., CITY ATTORNEY
By -21 (,t 0 Q PD , /jay y , Assistant City Attorney
044
021313