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Ordinance No. 3,10910312 -1E3 ORD T NANC E NO _ 3 1 0 9 AN C) 1:1.1E) T NANCF AU T HOFt. I Z Z NG AND I3 T RE CT T 114 C_- THE MAYOR AND C T TY CLERK OF THE C = TY OF l3AYTOWN TO EYECi3TE AND AT'FE ST TO A CONTRA C T W I TH HARR T S COUNTY W T TH FtE CARD TO P RO — VIDTNG FTRE AINTD FTRE PROTEG'TTON SERVICES TO U N T N C ORP O RA TED A R E A S O F H AR R T S C OU NTY A ND P ROV T D T NG F O �. THE EFFECTIVE T3ATE HEREOF _ 8E = T ORDAINED BY THE C = TY COLTNC T L OF TIDE C I TY OF $A Y TOW N Sectiori 1 That the City Cc� -Lx ricil of tYio City of Bay towri hereby approves the contract providing f ire f ight irsg grill f ire protection services to urnincc-rporatecd areas of Harris County, and a Lit-1-1 orizes grid directs the 1.1 --L- r and City C1erZ�_ of the City of Baytowri to execute aril attest to saicT contract _ A cc3py cif said contract is attached hereto , marked Exhibit A , a n d m a de a p a r t h e r e o f f o r a l l i n t e n t s a ri l p u r p o s e s Section 2 This orcdiriarnce si-za11 t el- lq-a effect from and a f t e r i t s p a s sag e_ T1-TTIR.ODUCED , READ , and PASSED by the of f irrriative vote of t h e C i t y C o u n c i l o f t h e C i t y o f B ay t o w n o n t h i s t h e 1 2 t h d a y of 1AIar:L i 1981 _ ATTEST ETL,EEN P _ HALL, City CZerI-K:- A PP ROVE D MJM:jas 7 -HE STATE OF TEXAS 5 COTJMTY OF HARRIS 2 -9 -81 A G R E E M E N T 10312 -16a 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 Baytown a municipal corporation duly organized and existing under the laws of the State of 'Texas, hereinafter sometimes called "City ", acting herein by and through its Mayor duly authorized to so act by an Ordinance duly passed by the City. 1r7 I `?' N E S S E m H: WliFREAS, Harris County desires to provide fire fighting and fire protection services to certain unincorporated areas of Farris County as hereinafter designated; and WHEREAS, the City of Baytown is willing to furnish fire fighting and fire protection services to said unincorporated areas of Harris County for the considerations hereinafter provided; NOSJ, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in con- sideration of the mutual covenants, agreements and benefits to bath par- ties, it is AGREED as follows: I. Durinq the tern 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. 10312 -16b Harris County agrees to pay the sum of $ 6 485.00 to the City for fire fighting and fire protection services to the unin- corporated areas of Harris County pursuant to Paragraph I of this agree- ment. The County agrees said sum is to be paid to the City within thirty (30) days after the execution of this contract. III. The term of this agreement shall be one (1) year beginning January 1, 1981, and ending December 31, 1981. 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, ecr,uipment 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 property within the said area which are endangered by fires to adjacent areas; provided that the above described personnel, equipment and supplies are not otherwise en- gaged 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. -2- 10312 -16c VI. It is expressly understood that the County has the maximum sum of $ 6,485.00 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 than the said sum of $ 6,485.00 under the terms and provisions of the agreement. VIZ. It is further agreed that in the performance of all obliga- tions 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 anv 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. VIII. 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 fIarris County, not later than the fifth (5th) day of each month, a monthly report list- ing the total number of runs made into the unincorporated areas of Harris County for the previous month and such other information relating -3- 10312 -1.6d 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. ATTESm: CITY OF Baytown SECRETARY APPROVED AS TO FORK:; 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 fore- going contract. S. G. FULLERTON, County Auditor Harris County, Texas BY _ MAYOR HARRIS COUNTY By JON LINDSAY, County Judge