Ordinance No. 2,86300327 -6
ORDINANCE NO. 2863
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AND ATTEST TO AN AGREEMENT FOR MUTUAL AID FIRE
PROTECTION, MAKING CERTAIN FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section 1: On behalf of the City of Baytown the Mayor
and City Clerk are hereby authorized to execute and attest
to a mutual aid fire protection agreement with area cities
and Harris County.
Section 2: The City Council hereby approves the form
of this agreement, a copy of which attached hereto and made
a part hereof for all intents and purposes.
Section 3: The agreement authorized by this ordinance
shall become effective as to the other parties only upon the
adoption by the governing body of the other parties to the
agreement of a like ordinance or resolution authorizing said
agreement.
Section 4: This ordinance shall take effect from and
after its passage.
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council of the City of Baytown on this 27th day
of March
ATTEST:
1980.
EMMETT 0. HUT TD, Mayor
EILEEN P. HALL, City Clerk
APPROVED:
SCOTT BOUNDS, City Attorney
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E X H I B I T "A"
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MUTUAL pia:?
THE STATE U.' a I :11i S
COUNTY
TH:LS AGR LMENT is made and entered into, by, among and
betwoen the Cities of [list of cities] and Harris County, all ~
parties being municipal. corporations or county governments duly
organized and existing - un � der the
laws of the State of Texas•,
acting herein by and through their respective
Mayors or County
Judges duly aut- horized to so act by ordinance or resolution duly
Passed by said Cities or Counties.
WITNESSETH:
WHEREAS, Article 4413(32c), TEY..REV.CIV.STAT.A`TN., authorizes
a county or municipality by resolution of its governing body to
enter into an agreement with any neighboring municipality or
contiguous county for the purpose of providing mutual aid.in the
area of fire protection, and
WHEREAS' the Cities [list of cities] desire to enter into
such a mutual aid fire Protection agreement wherein the equip-
ment, facilities and trained personnel of each fire department is
available to the other participants in the mutual aid agreement
on an as requested basis;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS : •
That in
consideration of the mutual covenants, agreements and benefits to
all parties, it is AGREED as follows:
1.
During the term of this agreement, the parties agree to pro-
vide upon request of one party (requesting party) to the others
(providing parties) such fire protection and suppression personnel
N,
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• and to mAkn available such c -. :.,_nn or fac l ies as nay he
requested for the suppression of fires within the jurisdictional
areas of the parties; provided that the personnel, equipment or
facilities requested are not otherwise required within the .City
or County providing same as &eter„ pined by the Fire Chief or Chief
Fire Service Officer of the providing party. Requests for mutual
aid ;.jade pursuant to this Agreement shall be made by and to the
respective Fire Chiefs or Chief Fire Service Officer or their
1
designated representatives.
Iii
While any fare service officer regularly employed by or
associated with the providing party is in the service of a request-
ing party pursuant to this Agreement, he shall be a fire service
officer of such requesting party and be under the com and of the
fire service officer therein who is in .charge in that county or
municipality (requesting party), with all the powers of a fire
service officer in such other county or municipality as fully as
though he were within the jurisdiction where he is regularly
employed or associated and hi.qualification, respectively, for
office where regularly employed or associated shall constitute'
his qualification for office in such other county or municipality,
and no other oath, bond, or compensation need be made.
III.
Any civil liability related to the furnishing of services
under this Agreement is the responsibility of the governmental
unit which would be responsible for furnishing the services
absent the Agreement.
IV.
Each party to this Agreement shall be responsible for its
own costs and expenses.
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The tt_rrn of this Agreement Yhill be indefinite with any
party having the right to terminane said Agreement upin thirty
(30) days notice to all other parties. The addition or deletion
Of Parties to this Agreement shall not affect the Agreement as to
the remaining parties except as may be specifically Provided by
amendment to this Agreement.
Vi.
The parties shall obs`rve Gnu comply with all Federal,
State, County and City laws, riles, ordinances and regulations in
any manner affecting the conduct of the services herein provided
and performance of all obligations undertaken by this Agreement.
FOR THE CITY OF
MAYOR
DATE:
FOR HARRIS COUNT i'Y :
COUNTY JUDGE
DATE
FOR THE CITY OF HOUSTON:
DATE:
APPROVED:
ATTEST:
CITY SECRETARY
DATE
ATTEST:
CITY SECREETARY
DATE:
DENNIS
C. GAIIDNF,R
V. E.
ROGE0
Senior
Assistant City Attorney
Fire
Chief
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