Ordinance No. 2,439W
ORDINANCE NO. 2439
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR AND CITY
CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A
CONTRACT WITH HARRIS COUNTY WITH REGARD TO PROVIDING
FIRE FIGHTING AND FIRE PROTECTION SERVICES TO UNINCOR-
PORATED AREAS OF HARRIS COUNTY AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown,
Texas hereby approves the contract providing fire fighting
and fire protection services to unincorporated areas of
Harris County, and authorizes and directs the Mayor and City
Clerk of the City of Baytown to execute and attest to said
contract. A copy of said contract is attached hereto,
marked Exhibit "A," and made a part hereof for all intents
and purposes.
Section 2: This ordinance shall take effect from and
after its passage by the City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council of the City of Baytown this 23rd day
of March , 1978.
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TOM GENTRY, _Mayor
ATTEST:
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EILEEN P. HALL, City Clerk
APPROVED:
City Attorney
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E X H I B I T "A"
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Ed
AGREEMENT
THE STATE OF TEXAS I
COUNTY OF HARRIS I
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THIS AGREEMENT, made and entered into by and between HARRIS COUNTY,
a body corporate and politic under the laws of the State of Texas, hereinafter
sometimes called "County ", acting herein by and through its County Judge duly
authorized to so act by an Order of the Harris County Commissioners Court, and
the City of BAYTO NL , a municipal corporation duly
organized and existing under the laws of the State of Texas, hereinafter some-
times called "City ", acting herein by and through its Mayor duly authorized to
so act by an Ordinance duly passed by the City.
WITNESSETH:
WHEREAS, Harris County desires to provide fire fighting and fire
protection services to certain unincorporated areas of Harris County as here-
inafter designated; and
WHEREAS, the City of BAYTO14N is
willing to furnish fire fighting and fire protection services to said unin-
corporated areas of Harris County for the considerations hereinafter provided;
NOW, THEREFORE, KINOW ALL MEN BY THESE PRESENTS: That in considera-
tion of the mutual covenants, agreements and benefits to both parties, it is
AGREED as follows:
I.
During the term of this agreement, the City agrees to furnish fire
fighting and fire protection services to the unincorporated areas adjoining
the corporate limits of this City designated by zone number 32 on the
official fire protection zone map of Harris County, to which reference is here
made.
II.
Harris County agrees to pay the sum of $ 4150.00
to the City for fire fighting and fire protection services to the unincorporated
areas of -Harris County pursuant to Paragraph I of this agreement. The County
agrees said sum is to be paid to the City within thrity (30) days after the
execution of this contract.
III.
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The term of this agreement shall be one (1) year beginning January
l,'1978, and ending December 31, 1978.
IV.
It is hereby agreed and understood that the fire fighting and fire
protection services to be furnished by the City under this agreement shall
include but not be limited to the following: Answering all calls for help
and assistance in extinguishing fires in the area designated in Paragraph I
of this agreement; furnishing fire fighting personnel, equipment and supplies
to fight all fires within the said area; and answering all calls and furnishing
fire fighting personnel, equipment and supplies to protect persons and prop-
erty within the said area which are endangered by fires to adjacent areas;
provided, that the above described personnel, equipment and supplies are not
otherwise engaged in fire fighting within the City.
V.
The City shall observe and comply with all Federal, State, County
and City laws, rules, ordinances and regulations in any manner affecting the
conduct of the services herein provided and performance of all obligations
undertaken by this agreement.
VI.
It is expressly understood that the County has the maximum sum of
$ 4150.00 specifically allocated to fully discharge its obligation
under this agreement and it is expressly understood that in no event shall the
County be obligated to pay this City more that the said sum of $ 4150.00
under the terns and provisions of the agreement.
VII.
It is further agreed that in the performance of all obligations
undertaken by this agreement, the City has the right to supervise, manage,
control and direct the performance of fire fighting and fire protection services;
the County shall look to the City for results only and the County shall have no
right at any time to direct or supervise the City or its agents or employees in
the performance of such services or as to the manner, means or method in which
the services are performed.
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VIII.
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The City agrees to deliver to the Fire Marshal of Harris County,
a certified copy of the ordinance authorizing the City to enter into this
agreement within five (5) days after the execution of this agreement.
IX.
The City agrees to furnish the Fire Marshal of Harris County, not
later that the fifth (5th) day of each month, a monthly report listing the
total number of runs made into the unincorporated areas of Harris County for
the previous month and such other information relating to fire fighting and
fire prevention services of the City as may be requested by Fire Marshal of
Harris County. Said report shall be made on the form provided by the Harris
County Fire Marshal and shall be signed and certified by an official of the
City.
ATTEST:
SECRETARY
APPROVED AS TO FORM:
Assistant County Attorney
I hereby certify that funds
are available in the amount of
$ to pay the
obligation of Harris County
under and within the foregoing
contract.
S. G. FULLERTON, County Auditor
Harris County, Texas
CITY OF BAYTO14N
By
MAYOR
HARRIS COUNTY
By
JON LINDSAY, County Judge
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