Ordinance No. 2,584id
ORDINANCE NO. 2584
1.11?
AN ORDINANCE AUTHORIZING AN AGREEMENT FOR MUTUAL AID IN
FIRE PROTECTION BETWEEN THE CITY OF BAYTOWN FIRE DEPART-
MENT AND THE AIR NATIONAL GUARD TRANSITION /CARETAKER
FORCE FIRE DEPARTMENT OF ELLINGTON AIR FORCE BASE AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section 1: That upon the request of Air National Guard
Transition /Caretaker Force at Ellington Air Force Base, the
City Manager be and is hereby authorized to direct represen-
tatives of the Baytown Fire Department to dispatch fire
fighting equipment and personnel of the Baytown Fire Depart-
ment to any point within the fire fighting jurisdiction of
the Ellington Air Force Base Fire Department, and to direct
representatives of the Baytown Fire Department to permit
fire fighting equipment and personnel of the Ellington Air
Force Base Fire Department to be dispatched to any point
within the area for which the Baytown Fire Department
normally provides fire protection.
Section 2: That the City Manager of the City of Baytown
is hereby authorized to execute an agreement (attached
hereto as Exhibit "A ") for such reciprocal fire protection.
Section 3: That this ordinance shall become effective
immediately from and after its passage.
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council of the City of Baytown this 21st day of
November 1978.
d4V_T O.HUTTO, Mayor
ATTEST:
1
E L HALL, City Clerk
APPROVED:
SCOTT BOUNDS, City Attorney
r Y 1 -5a
E X H I B I T "A"
• •
RECIPROCAL FIRE PROTECTION AGREEMENT
This agreement, made and entered into this day of 19
pursuant to the authority of the Act of May 27, 1955, C. 105, Sections 1-5,
P.L. 46, (69 Stat 66), 42 U.S.C. Section 1856-1856d, and between the United
States of America, represented by the USPFO, the State of Texas, acting
through the Adjutant General , and the Transition Caretaker Force Fire Depart-
ment of Ellington Air Force Base, Texas.
WITNESSETH THAT:
a
WHEREAS, it is feasible and desirable for the parties hereto to enter
into a reciprocal agreerrent for mutual aid in furnishing fire protection
for property and personnel for which each party hereto is normally respon-
sible for providing fire protection.
NOW, THEREFORE, the Parties hereto do hereby agree that:
(1) Upon request to a representative of the Transition Caretaker
Force Air National Guard Fire Department by a representative of the City
of Baytown Fire Department, firefighting equipment and personnel
of the Transition Caretaker Force Air National Guard Fire Department may
be dispatched if available to any point within the area for which the •
City of Baytown Fire Department normally provides fire protection as
designated by the representative of the City of Baytown Fire
Department.
(2) Upon request to a representative of the City of Baytown
Fire Department by a representative of the Transition Care-
taker Force Air National Guard Fire Department, firefighting equipment and
personnel of the City of Baytown Fire Department may be
dispatched if available to any point within the firefighting jurisdiction
of the Transition Caretaker Force Air National Guard Fire Department as
designated by the representative of the Transition Caretaker Force Air
National Guard Fire Department.
(3) Any dispatch of equipment and personnel pursuant to this agree-
ment is subject to the following conditions:
(a) Any request for aid hereunder shall include a statement of
the amount and type of equipment and number of personnel requested and shall
specify the location to which the equipment and personnel are to be dispatched,
but the amount and type of equipment and number of personnel to be furnished
shall be determined by a representative of the responding organization.
(b) The responding organization shall report to the officer in
charge of the requesting organization, at the location to which the equip-
ment is dispatched, and shall be subject to the orders of that official .
•
(c) A responding organization shall be released by the
requesting organization when the services of the responding organiza-
tion are no longer required or when the responding organization is
needed within the area for which it normally provides fire protection.
(d) In the event of a crash of aircraft owned or operated
by the Air National Guard within the area for which the City of
Baytown Fire Department normally provides fire protection, the Chief
of the Transition Caretaker Force Air National Guard Fire Department •
or his representative may assume full command of the emergency opera-
tion upon his arrival at the scene of the crash.
(4) Each party waives all claims against the other party for
compensation for any loss, damage, personal injury, or death occurring
as a consequence of the performance of this agreement.
(5) Neither party shall be reimbursed by the other party for
any costs incurred pursuant to this agreement.
(6) No equipment used by either party hereto pursuant to the
terms of this agreement will , at the time of such use, be owned or
controlled by any third party or agents or employees of any third
party.
(7) Either party to this agreement may or may not respond to a
call from the other party and is under no obligation to do so when
conditions exist which would prevent response because of priority of
responsibility in its own fire protection area.
IN WITNESS WHEREOF, the duly authorized representatives of the
respective parties hereto have hereunto signed these presents on
the dates respectively indicated.
APPROVED:
FOR THE CITY OF Baytown -& ATE ///3o/y2
i Manager
FOR THE UNITED STATES OF AMERICA
DATE
VERNON M. SCOFIELD, Col , NGB, USPFO
FOR THE STATE OF TEXAS
DATE
THOMAS S. BISHOP, MG, TexARNG, Adj Gen, Texas
FOR THE CHIEF, NATIONAL GUARD BUREAU
DATE
RAYMOND C. GAGNON, Col , USAF CE Div, NGB
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