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Ordinance No. 4,41160327 -5 ORDINANCE N0. 4411 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER 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 27th day of March, 1986. ATTEST: EILEEN P. HALL, City Clerk APPROVED: RANDAEL B. STRONG, City 60327 -5a L5•:jaa (Agreement #Ic) 1 -5 -86 21,125 A G R E E M E N T THE STATE OF TEXAS COUNTY OF HARRIS THIS AGREEMENT, made and entered into by and between HARRIS COUN'T'Y, 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 BAYTQWN 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: WHEREAS, 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 unincorporated areas of Harris County for the considerations hereinafter provided; NQW, 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. During 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 39 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 $ 9,420,00 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 60327 -5b 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, 1986, 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: Pnswering 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 $ 9.420.00 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 S under the terms and provisions of the agreement. 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 fire protection services; the County shall look to the City for results only and the County shall have no right at any -2- 60327 -5c 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 will agrees to deliver to the Fire Marshal of Harris County a certified copy of the Ordinance 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 report listing the total number of runs made into the unincorporated areas of Harris County designated in paragraph I of this agreement for the previous manth and such other information relating to fire fighting and fire prevention services of the City as may be requested by the 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 officer of the City. Executed this _ day of day of ATTEST: Secretary APPROVED AS TO FORM: MIKE DRISCOLL County Attorney 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. J. F. FLACK, County Auditor Harris County, Texas CITY OF BY — Mayor HARRIS COUNTY By JON LINDSAY, County Judge -3- 1966.