Ordinance No. 4,10550328 -2
ORDINANCE NO. 4105
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL
AGREEMENT WITH HARRIS COUNTY WITH REGARD TO PROVIDING
FIRE FIGHTING AND FIRE PROTECTION SERVICES TO
UNINCORPORATED 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 an Interlocal Agreement with Harris County and authorizes the Mayor and
City Clerk of the City of Baytown to execute and attest to said agreement for fire
fighting services to unincorporated areas of Harris County. A copy of said
agreement is attached hereto, marked Exhibit "A," and made a part hereof for all
intents and purposes.
Section 2: This ordinance shall take effect immediately 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 the 28th day of March 1985.
� Li
ALLEN CANNON, Mayor
ATTEST:
ILEEN P. HALL, City Clerk
APPROVED:
RANDALL B. STRONG, C' ttorney
L5: jaa (Agreement #ic)
A G R E E M E N T
THE STATE OF TEXAS
COUNTY OF HARRIS
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19,464
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 Crder 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.
W I T N E S S E T H:
MiEREA.S, Harris County desires to provide fire fighting and fire protec-
tion services to certain unincorporated areas of Harris County hereinafter desig-
nated to preserve the property of the County and to preserve and protect the public
health of the citizens of the County; and
WHEREAS, the City is willing to furnish fire fighting and fire protection
services to said unincorper ated areas of Harris County for the considerations
hereinafter provided;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in consideration
of the mutual covenants,. agreements and benefits to both parties, it is AGREED
as follows:
I.
Dying the term of this agreement, the City agrees to furnish fire
fighting and fire department 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 $ 9.480.00 to the City for
fire fighting and fire protection services to the unincorporated area of Harris
County pursuant to Paragraph I of this agreement. The County agrees said sun
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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,
1985, and ending December 31, 1985.
IV.
It is hereby agreed and understood that the fire fighting and fire pro-
tection 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 per-
sonnel, equipment and supplies to protect persons and property within the said
area which are endangered by fires in 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
$9,480.00 specifically allocated to fully discharge its obligations
under this agreement and it is expressly understood that in no event shall the
County be obligated to pay this City more than the sum of $ 9,480.00 under
the terms and provisions of the agreement. i
VII.
It is further agreed that in the performance of all obligations under-
taken by this agreement, the City has the, right to supervise, manage, control and
direct the performance of fire fighting and fare protection services; the County
shall look to the City for results only and the County shall have no right at any
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tire to
direct cc
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
per for rred .
VIII.
The City will agrees to deliver to the Fire Marshal of Harris County a
certified copy of the Crdinance authorizing the City to enter 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
than the fifth (5th) day of each month, a monthly reps t listing the total number
of runs made into the uninoxporated areas of Harris County designated in paracraph
I of this agreement for the previous month and such other information relating
to fire fighting and fire prevention services of the City as may be requested
by the Fire V'iaarrshal of Harris County. Said report shall be made on the farm
provided by the Harris County Fire Marshal and shall be signed and certified by
an officer of the City.
X.
The parties agree that either party may cancel this
agreement upon thirty (30) days written notice to the other
party. Upon cancellation by either party, the County shall be
entitled to a reimbursement of a portion of the sum paid pursuant
to Paragraph 11, such amount to be equal to $790.00 times the
number of months that service will not be provided under this
agreement.
Executed this day of day of 1985.
ATTEST: CITY OF Baytown
By
Se cr e tar y Mu yc7r
P-kRRI S C'TY
By
JCN LINDSkY, County Judge
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APPROVED AS TO FORM:
MIKE DRTSCOLL
County Attorney
Assistant County Attorney
I hereby certify that funds ere
available in the amount of $
to pay the obligation of H= is County
under and within the for-egoing contract.
J. F. FLACK, County Auditor
Haar- r is County, Texas
MEJ_
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