HomeMy WebLinkAbout027715 ORD - 05/27/2008ORDINANCE
AUTHORIZING THE CITY MANAGER R HIS DESIGNEE TO EXECUTE
AGREEMENT WITH THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF
THE COASTAL BEND, INC. (YMCA) FOR USE OF T. C. AVERS POOL
AND ADJACENT GROUNDS FOR SUMMER 2008 AND EXTENSIONS FOR
UP TO THREE ADDITIONAL SUMMER PERIODS, FOR YMCA's
OPERATION OF FREE SUMMER SWIM PROGRAMS; AND
DECLARATION OF EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI:
SECTION I. That the City Manager or his designee is hereby authorized to execute an
agreement with YMCA for use of T. C. Ayers Pool and adjacent grounds for summer 2008, and
authorizing extensions for up to three additional summer periods, in consideration of YMCA's
operation of free summer swim rogram and maintenance of the premises. A copy of t the lease is
on file with the City Secretary.
SECTION 2. That upon written request of the Mayor or five Council members, copy attached,
the City Council (1) finds and declares an emergency due to the need for immediate action
necessary for the efficient and effective administration of City affairs and suspends the
Charter rule that requires consideration of and voting upon ordinances at two regular meetings so
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that this finance is passed d takes effect upon first reading as an emergency measure on this
the ay of -�, 2008.
ATTEST:
THE ITY OF CORPUS CHRISTI
Armando Chapa enry Garr
City Secretary Mayor
APPROVED: This ? dayof � , 2008:
By: 44-4,
Lisa ,Aqui IV Assistant City Attorney
for City Attorney
027715
Corpus Christi, Texas
12
Day of
2008
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension oft Charter rule as to consideration and
voting upon ordinances at two regular meetings: 1/eve, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced or
at the present meeting of the City Council.
Respectfully,p tfull ,
Y
my Garr
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
027715
AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND THE YOUNG
MEN'S CHRISTIAN ASSOCIATION OF THE COASTAL BEND
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES
This Agreement made and entered into the day of between the City of
Corpus Christi (hereinafter referred to as the (CITY) and the YMCA of the Coastal
Bend (hereinafter referred to as the YMCA).
WHEREAS, the "CITY" is a Texas home rule municipal corporation ('City'), acting through its
duly authori
tear of summer use.
Section 4. Qonsideratuon. In consideration o
the Mrs grant of use of CITE property
as T, �. �er Pool as described �n known
Exhibit "A", the YMCA will operate a swimming
within the dates 15th ��ng program
free to the public
of June 9th through August 200 at the
with minimumo eratin � T. C. Ayers Pool,
hours of I :00 p.m. to 5:00 p.m., Tuesday through
maintain the Premises andSaturday, and mustall Improvements in accordance with all
respect to thisAgreement,setmaintenance rules, with
•# out by the City Manager in effect now and as
future. Failure to maintain the Premisespromulgated in the
and all Improvements in accordance with'
grounds for termination these rules
constitutes
of the Agreement. At a minimum, maintenance includes:
A. YMCA shall pick up andro erl dispose spse f litter on a daily basis during YMCA's
exclusive use periods;
B. YMCA must immediately reportany occurringardalrs
at the Premises to the
Director, or his designee, and the Corpus Christi Police Department, Nueces County, Texas;
C. YMCA must ensure, at all times, thatparking park�ng b YMCA staff andarticiamts is
confined to designated parkingareas only;p
D. The City shall provide normal scheduled mowing of the grassed areas of the
hcweer, �� shall treat or otherwisePremises;veliminate, during the terra of this Agreement
or weeds that grow through cracks in the concreteg r� anygrass
and pool decking inside the fenced areas
of the
Premises;
E. YMCA will perform a chemical check of the pool's water everytwo hours d
YMCA's excluieriods to ensure u`ng
e use
p that the pool water meets the standards found
City's Code f Ordinances, Section in the
2 - , as amended, copy attached asxhi `
conclusion of each chemicalhit C. Following co
• check, YMCA must ensure that the ParkOperations .
the Cion and ��s.�on of
Recreation Department is notified so
that Park Operations staff may make
any necessary chemical adjustments in the qualityoft
chemicalhe pool's water. The Citywill perform
checks and chemical adjustments
of the pool's water at all other times during
of the Agreement; the term
F. YMCA will maintain a daily chemical �cl log, including the times at whichDal
chemical checks acre made and related resultsp
of each chemical check, duringYMCA's
use periods; exclusive
G. YMCA will vacuum (with YMCA
supplied vacuum) the pool,
water, and p � remove debris from the
sweep the pool area as needed during the YMCA's exclusive pool use periods.
H. YMCA will inspect therestroo DoT's
l ins daily during YMCA's exclusive useer •
ids,
I. City will provide the following equipment: oxygen, and guard chairs. YMCA ill
provide all other equipment required by Section 23-57 as well as backboard, life vests
equipment.
,and guard
J. YMCA will clean and disinfect theduring YMCA's pool's restrooms dailyMCA s use of pool.
HALEG-DIR\Lisa\2008 Parks and R r a tion1A mt
City MA May .ado
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Section 5. Joint Use.
A. The City retains joint use of the Premises and Improvements during the term of this
Agreement, subject to YMCA's right to exclusive control of the Premises during its use for
swimming program purposes "exclusive use periods").
B. Participants from the Ben Garza Gym and Solomon Coles Recreation Center summer
programs will utilize T.C. Ayers Pool for open swim at no charge. Site supervisors from each
facility will contact the YMCA each week to indicate the approximate number of participants
who will visit the pool during the summer programs.
Section 6. Primangurpose. YMCA must establish and maintain a swimming program free
to the public with the primary purpose being the use ofthe swimming ool and for no other
purpose without the Director's prior written approval.
Section 7. Hours of Operation. YMCA will operate the pool, at a minimum, from Tuesday
through Saturday from 1:00 pm to 5:00 pm.
Section 8. operating Safely.
A. YMCA, covenants that it will operate the Premises in a safe manner. YMCA shall at all times
when pool is open for public use have on duty at least two (2) lifeguards who hold an
American Red Cross advanced life-saving certificate. YMCA shall be responsible for
ensuring compliance by itself and its agents, representatives, and employees with the water
safety and equipment provisions prescribed in the City's Code of Ordinances, Sections 23-
7 5 , (6), and (8), as amended, and Section 23-58, as amended, during YMCA's exclusive
use periods. Section 23-57 and Section 23-58 are attached as Exhibit C.
I. In addition to the above, YMCA shall have on the Premises, at all times during its
exclusive use periods, at least one spinal backboard capable of carrying an adult.
Section 9. Signs.
A. YMCA shall not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices,
or other lettering ("Signs") on the Premises or on any Improvements without the Director's prior
written approval. One week prior to YMCA's exclusive use of the facility, YMCA will deliver
a list of signs to be posted at the facility for Director's review and approval.
B. If YMCA signs are approved, the Director, in writing, may require YMCA to remove,
repair, or repaint any Signs. If the Signs are not removed, repaired, or re -painted within ten (10)
days of Director's written demand, City may do or cause the work to be done, and YMCA will
pay City's costs within thirty (30) days of receipt of Director's invoice.
Section 10. AdvertiAu. The Director has the right to prohibit any advertising by YMCA which
impairs the reputation of the Premises or the CITY.
Section 11. Security. YMCA shall contract and pay for any and all security it requires during its
hours of operation for the term of this Agreement.
HALEG-DIR\Lisak2008 Parks and RecreationkAgmt City YMCA May 20 2008.doc 3
Section 12. Inspection and Maintenance.
A. The City shall maintain the mechanical equipment and facility structure of the T. C. Ayers
Pool during this Agreement. The City Manager or the Director, or their respective designee, has
the right to inspect the Premises at any time.
I. The YMCA has the right to request in writing compliance for the proper maintenance of the
mechanical equipment and facility structure of the pool. The CITY will respond in regard to the
actions to be taken and appropriate deadlines for the action within five business days after
receipt of the request. YMCA may, with the CITY's prior written permission, undertake the
maintenance repairs; and in such event, the CITY shall pay YMCA's reasonable costs within 30
days ofreceipt of invoice.
Section 13. Non -Discrimination. YMCA and CITY shall not discriminate nor permit
discrimination against any person or group of persons, as to employment and in the provision of
services, activities, and programs related to this Agreement, on the grounds of race, religion,,
national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws
of the United States or the State of Texas. The CITY Director and/or YMCA C.E.D. retain the
right to take such action as the United States may direct to enforce this non-discrimination
covenant.
Section 14. Corn lienee with Laws.
A. YMCA and CITY must comply with all applicable Federal, State, County, and City laws,
rules, regulations, and ordinances which may be applicable to its operation at the Premises and
its performance under this Agreement. This Agreement is also subject to applicablep rovisions of
the CITY Charter.
D. All actions brought to enforce compliance will be brought in Nueces County, State of
Texas where this Agreement was executed and will be performed.
Section 15. Noncompliance Costs. Noncompliance with the terms of this Agreement may result
in termination of this Agreement and repossession of the Premises and its Improvements by City
or its agents. If City undertakes legal action to enforce compliance or collect damages resulting
g
from noncompliance, YMCA shall pay all CITY's court costs and expenses, including
reasonable attorneys' fees.
Section 16. Indemnity. YMCA must fully indemnify, save and hold harmless the CITY, its
officers, employees, and agents (collectively herein referred to as "Indemnitees") against
any and all liability, damage, loss, claims, expenses, costs, judgments, demands and actions
of any nature whatsoever on account of injury or damage to person (including, without
limitation on the foregoing, premises defects, workers compensation, and death claims), or
property Toss or damage of any kind whatsoever which arise out of or are in any manner
connected with, or are claimed to arise out of or be in any way connected with, wither
proximately or remotely, wholly or in part, an act or omission, negligence or misconduct by
indemnitors officers, employees, agents, representatives, servants, contractors, patrons,
licensees, or invitees entering upon the Premises for swimming program -related activities
HALE -DIR\Lia Parks and R r ation\Agmt City YMCA May 20 2008.doc
undertaken pursuant to this Agreement; or when any said injury or damage is the result,
proximate or remote, in whole or in part, of the violation by Indemnitor, or any
Indemnitor's agents, representatives, servants, employees, contractors, patrons, licensees,
or invitees of any lav, ordinance or governmental order of any kind.
YMCA covenants and agrees that if Indemnitees, or any of them, are made a party to any
litigation against YMCA or in any litigation commenced by any a , other than YMCA
relating to this Agreement, YMCA shall upon receipt of reasonable notice regarding
commencement of litigation and its own expense, investigate all claims and demands,
attend to their settlement or other disposition, defend Indemnitees, or any of them, in all
actions based thereon with legal counsel satisfactory to Indemnitees, anday charges char es of
attorney's and all other costs and expenses of any kind arising from any said liability,
damage, loss, demand, claim, or action.
Section 17. Insurance.
A. YMCA must secure and maintain at YMCA's expense, during the term of this agreement,
a Commercial General Liability insurance policy with the limits and requirements shown on
Exhibit "B," which is attached to this Agreement and incorporated in this Agreement by
reference.
B. YMCA must provide proof, by Certificate of Insurance meeting the limits and
requirements set out Exhibit "B", to the Director and Risk Management prior to commencing use
of the Premises or joint operation o ` programs under this agreement.
C. YMCA must provide the Director and Risk Management hent thirty (30) days written notice
intent cancellation, not to renew, or material change of any insurance coverage required in this
Agreement.
D. YMCA shall, during the term of this Agreement, provide copies of all insurance policies
to the City Manager or the Director upon request.
E. YMCA shall, prior to any addition or alteration to the Premises mises or to the Improvements,
obtain clearance, in writing, from Risk Management, as per Section 9.A. set out in this
Agreement. (exclusive to T.C. Ayers pool)
F. Failure to maintain such insurance at the limits and requirements shown on Exhibit "B"
constitutes grounds for termination of this Agreement.
Section 18. No delfts. CITY or YMCA must not incur any debts or obligations on the credit each
.g
others behalf during the term of this agreement.
Section 19. Termination.
A. Either the City or YMCA may terminate this Agreement without cause by ivin thirty
(30)days written notice to the non -terminating party.
B. If there is noncompliance with one or more of the provisions contained herein, either
HALEG-DIR\Lisa\2008 Parks and a reati n\Ag t City YMCA May 20 2008.doc
party may give written notice to the other party to cure or begin curing the default(s) within ten
(10)days of receipt of notice. If there is not compliance or substantial compliance with each
provision identified within ten( 10) days of receiving said notice, the complying party may
terminate this Agreement for cause by providing written notice of termination to the.on-
complying party and listing one or more areas of continued noncompliance.
Section 20. Notice.
A. All notices, demands, requests, or replies provided for or permitted under this
Agreement, by either party must be in writing and must be delivered by one of the following
methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as
certified or registered mail, return receipt requested, postage prepaid; or by fax transmission.
B. Notice deposited with the United States Postal Service in the manner described above
will be deemed effective two (2) business days after deposit with the United States Postal
Service. Notice by fax transmission will be deemed effective upon transmission will be deemed
effective upon transmission, with proof of delivery.
C.
All such communications must only be made to the following:
IF TO CITY:
City of Corpus Christi
Attn: Director of Park & Recreation
P.O. Box 9277
Corpus Christi, TX 78469
Fax Number: 826-3864
IF TO YMCA
YMCA of the Coastal Bend
Attn: Jim Scoville, Executive Dir.
417 S. Upper Broadway
Corpus Christi, TX 78 401
Fax Number: 882-1427
D. Either party may change the address to which notice is sent by using a method set out
above. All parties will notify each other of an address change within thirty (30) days after the
address is changed.
Section 21. Reporting. YMCA shall submit annual reports to the Parks Director, listing the
number of participants of its swimming program, during the term of this Agreement. CITY shall
submit annual reports to the YMCA Executive Director, listing the number of participants during
the term of this Agreement. The reports are due by September 1 th of each Agreement year.
Section 22. Construction and Reconstruction Funds.
A. If the City receives funds to construct or reconstruct Improvements at the Premises,
YMCA covenants to vacate the portion or portions, up to and including the entirety, of the
Premises involved in the construction or reconstruction, should the director deem it necessary,
upon thirty (30) days written notice from the Director. The Director, in his sole discretion, shall
make the determination as to the size and dimensions of the portion or portions to be vacated
with a consideration toward the safety of participants.
E. YMCA has no action for damages against nor will be compensated by the City for loss of
use of the Premises and/or Improvements. City has no obligation to provide an alternate location
for YMCA during the Improvements construction or reconstruction period. The consideration for
YMCA relinquishing all rights to use the Premises and Improvements during the construction
and reconstruction period is the City's construction or reconstruction of the Improvements for
HALEG-DIR\Lisa\2008 Parks and Recreation\Agmt City YMCA May 20 2008.doc
6
YMCA's benefit. Once construction or reconstruction of the Improvements is complete, the
Director will notify YMCA, in writing, of the date on which the Premises and Improvements are
once again available to YMCA. YMCA's term will not change nor increase if the City requests
YMCA to vacate the Premises as set out herein.
Section 23. Amendments. No alterations, changes, or modifications of the terms of this
Agreement nor the wavier of any provision will be valid unless made in writing and signed by
persons authorized to sign agreements on behalf of each party.
Section 24. Waiver.
A. The failure of either party to complain of any act or omission on the part of the other
party, no matter how long the same may continue, will not be deemed a waiver by said party of
any its rights hereunder. No waiver of any covenant or condition of this Agreement by either
party at any time, express or implied, shall be taken to constitute a waiver of any subsequent
breach of the covenant or condition nor shall justify or authorize the nonobservance on any other
occasion of the same or any other covenant or condition hereof.
B. If any action by the YMCA requires the consent or aproval of the City on one occasion,
any consent or approval given on said occasion will not be deemed a consent or approval or
approval of the same or any other action at any other occasion. Any waiver or indulgence of
YMCA's default of any provision of the Agreement shall not be considered an estoppels against
the City.
C. It is expressly understood that, if at any time YMCA is in default in any of its conditions
or covenants hereunder, the failure on the part of the City to promptly avail itself of any rights
and remedies which the City may at any time avail itself of said rights and remedies or elect to
terminate this Agreement on account of said default.
Section 25. Force Ma'enre. No party to this Agreement will be liable for failures and delays in
performance due to any cause beyond their control including, without limitation, any failures or
delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy,
common carrier, severe inclement weather, mots or interference by civil or military authorities.
The rights and obligations of the parties will be temporarily suspended during this period to the
extent performance is reasonably affected.
Section 26. Zw_ignment and Sub Agreement. Thisg rment may not be, in whole or in part,
assigned, transferred, or subject directly or indirectly without the prior written consent of the
City.
Section 27. plication. YMCA agrees to pay the cost of the newspaper publication of this
Agreement and related ordinance as required by the City Charter.
Section 28. glakins. The captions in this Agreement are for convenience only,are not a
part of
this Agreement, and do not in any way limit or amplify the terns and provisions of this
Agreement.
l� �
Section 29. Severabiiit .
IBLEG-DIRTisa\2008 Parks and re tion A mt City YMCA May 20 2008.doc
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A. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word
of this Agreement or the application hereof to any person or circumstance is, to any extent, held
illegal, invalid, or unenforceable under present or future law effective during the term of this
Agreement or by a final judgment of a court competent jurisdiction, then the remainder of this
Agreement, or the application of said term or provisions or circumstances other than those as to
which is held illegal, invalid, or unenforceable, will not be affected hereby, for it is the definite
intent of this Agreement that every section, paragraph, subdivision, clause,
rovision, phrase, or
p
word hereof be given full force and effect for its purpose.
B. To the extent that any clause or provision is held illegal, invalid, or unenforceable under
present or future law effective during the term of this Agreement or by a final judgment of a
court of competent jurisdiction, then the remainder of this Agreement is not affected thereby, and
in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision,
as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be
possible and be legal, valid, and enforceable, will be added to this Agreement automatically.
Y
Section 30. Participant Release forms. YMCA shall include the City ofCorpus Christi, its
officers, agents, employees, in the list of Released Parties on the YMCA Participant Release
form if the YMCA participant will be using the City facilities described herein for a YMCA
sponsored program.
Section 31. Extension of Agreement. The City Manager and YMCA Executive Director may
extend this agreement by mutual written agreement for up to three additional summer periods.
Use during the extension periods is subject to the same terms and conditions herein.
Section 32. Appropriation of Funds. All parties recognize that the continuation of any contract
after the close of any fiscal year of City, which fiscal year ends on July 31 of each year, shall be
subject to appropriations and budget approval providing for covering such contract item as an
expenditure in said budget. City does not represent that the budget item will be actually adopted,
said determination being within the sole discretion of the City Council at the time of adoption of
such budget. This Agreement may be terminated by the City without penalty if sufficient funds
are not appropriated to meet the City's obligations herein.
Section 33. Utilities and Trash Pickup.,City shall be responsible forpay m nt of electric,
water, wastewater and gas utilities for the Premises. YMCA is responsible for contracting and
payment for trash pickup services.
Section 34. Entiret_ Clause. This Agreement and the attached and incorporated exhibits
constitute the entire agreement between the CITY and YMCA for the purpose granted. All other
agreements, promises, representations, and understandings, oral or otherwise, which reference to
the subject matter hereof, unless contained in this Agreement are expressly revoked, except for
the promulgation of future maintenance rules as contemplated in Section 4 herein, as the parties
intend to provide for a complete understanding within the provisions of this Agreement and its
exhibits of the terms, conditions, promises, and covenants governing eacharty ' s performance
hereunder and relating to YMCA's use of the Premises.
EXECUTED IN DUPLICATE, , each of which shall be considered an original, on this the
HALEG-DIRTisa\2008 Parks and 1 r ation\Ag t City YMCA May 20 2008.doc
day of , 2008.
ATTEST:
Armando Chapa, City Secretary
CITY OF CORS CHRISTI
George K. Noe, City Manager
APPROVED AS TO LEGAL FORM this day o - .2008.
By:Lisa Aguilar, Assistant City Attorney
For City Attorney
YOUNG MEN'S CHRISTIAN ASSOCIATION OF THE COASTAL BEND
By:
Name:
Title:
Date:
STATE OF TEXAS
COUNTY of NUECES
Before me, on this day personally appeared - who, by either
personal knowledge or by proof of identification, is known to me to be the person whose name is
subscribed to the foregoing instrument and hereto acknowledged to me that he executed the same
for the purpose and consideration and in the capacity therein expressed. Given under my hand
and seal of office this _ day of _ _, 2008.
Notary Public, State of Texas
Printed Name
Commission expires:
HALEG-DIR\Lisa\2008 Parks and 1 r ti 1Agmt City YMCA May 20 .d
EXHIBIT A
14
11051110
STRUCIURE
MARTIN LUTHER KING DR.
LEGEND
EXHIBIT B
jjSURANREQUIREMENTs
1. YMCA LIABILITY INSURANCE
A. YMCA must not commence work under this agreement until he/she has obtained all
insurance required herein and such insurance has been approved by the City. Nor may
YMCA allow any subcontractor to commence work until all similar insurance required of
any subcontractor has been obtained.
B. YMCA must furnish to the City's Risk Manager, 2 copies of Certificates of Insurance,
with the City named as an additional insured for all liability policies and a blanket
waiver of subrogation is required on all applicable policies showing the following
minimum coverage by an insurance company(s) acceptable to the City's Risk Manager.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30 -day written notice of material change, non- Bodily Injury and Property Damage
renewal, cancellation or termination is required
on all certificates
COMMERCIAL GENERAL LIABILITY
including:
1. Commercial Form
2. Premises — Operations
3. Products/ Completed Operations Hazard
5. Contractual Liability
6. Broad Form Property Damage
7. Independent Contractors
8. Personal Injury
AUTOMOBILE LIABILITY to include coverage
for OWNED, NON -OWNED OR RENTED
vehicles
Per occurrence aggregate
$1,000,000 COMBINED SINGLE LIMIT
At a minimum $25,000 per person $50,000 per
occurrence for Bodily Injury and $25,000 for
property damage
WORKERS' COMPENSATION
WHICH COMPLIES WITH THE TEXAS
WORKERS' COMPENSATION ACT AND
PARAGRAPH II OF THIS EXHIBIT
EMPLOYERS' LIABILITY $100,000
C. In the event of accidents of any kind, YMCA must furnish the Risk Manager with copies
of all reports of such accidents at the same time that the reports are forwarded to any
other interested parties.
I. ADDITIONAL REQUIREMENTS
HALEG-DIRTisa\2008 Parks and Recreation\Agmt City YMCA May 20 2008.doc
10
A. YMCA must obtain workers' compensation coverage through a licensed insurance
company or through self-insurance obtained in accordance with Texas law. If such
coverage is obtained through a licensed company, the contract for coverage must be
written on a policy and with endorsements approved by the Texas Department of
Insurance.
The workers' compensation coverage provided must be in an amount sufficient to assure
that all workers' compensation obligations incurred by the YMCA will be bepromptly met.
B. Certificate of Insurance:
The City of Corpus Christi must be named as an additional insured on the liability
coverage, except for the Workers' Compensation coverage and a blanket waiver of
subrogation is required on all applicable policies.
If your insurance company uses the standard ACRD form, the cancellation clause
(bottom right) must be amended by adding the wording `changed or" between "be"
and "canceled", and deleting the words, "endeavor to", and deleting the wording after
"left". In lieu of modification of the ACORD form, separateolio endorsements
p y
addressing the same substantive requirements are mandatory.
* The name of the contract i project must be listed under
"Description of Operations"
p
At a minimum, a 30 -day written notice to the Risk Manager of material chane non-
renewal, cancellation or termination is required.
C. If the Certificate of Insurance on its face does not show on its face the existence of the
coverage required by items 1.B (1)-(8), an authorized representative of the insurance
company must include a letter specifically stating whether items 1.13. (1)-(8) are
included or excluded.
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Exhibit C
Sec. 23-57. Swimmingpool standards.
ands.
The following * ng rules# pertainingto swimming pools shall be in full force and effect:
lef�initrons. For the interpretation etation and enforcement of these regulations t
definitions shall apply:
following
(a) "Property swimming pool":
Any swimming pool, other than private
to single-family, duplex, - p to pool appurtenant
, p x, condor inium, or townhouse residence used
occupants of the residence only by the
and their guests.
"Swimming(b) pool": Any structure or excavation more than Ment(24)depth, either indoorsfourinches in
or outdoors, used or suitable to be used for
purposes,together bathing or swimming
g with buildings, equipment and a urten
therewith. p arses used in connection
(c) "Wading pool": An artificial pool with a maximum depth of twenty-four
intended primarilyfor � .. nt�four(24)inches
intended use by children, requiring recirculation
(d) "Turbidity": Cloudedand chlorination.
or cloudy; not clear or translucent, muddled; not lucid.2Unsanitary pools declared a
public nuisance. Failure
of any person responsible therefor
to maintain any swinrrning001 or wading�
p pool, including private residentialool
safe, sanitary condition is herebyprohibitedp , ina
and declared to be anuis ublic
the City of Corpus Christi, Texas. p once within
(3) Inspections; fee.
(a) Inspections. Any authorized representative of the health department
Corpus Christi, Texas, nt of the City of
may enter upon any and all parts of thepremises of
swimming places, to make ear such
examinations and investigations of the sanitaryconditions
such places and of such compliance ..of
p with the provisions of these regulations.
swimming pools that were in � Property
Aeration before the adoption of the swimming
ordinance shall have a maximum of pool
of one year from the date the ordi