Ordinance No. 4,79070827 -5
ORDINANCE NO. 4790
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A MUTUAL AID
® AGREEMENT WITH CHAMBERS COUNTY, TEXAS; AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the
Texas, hereby approves a
County, Texas, and authoriz
Clerk of the City of Baytown
agreement. A copy of said
Exhibits "A," and made a
purposes.
City Council of the City of Baytown,
mutual aid agreement with Chambers
as and directs the Mayor and City
to execute and attest to said
agreement is attached hereto, marked
part hereof for all intents and
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 August,
1987.
E 0. H TTO, ay or
ATTEST:
EILEEN P. HAJfL, J City Clerk
NDALL B. STRONG, Ci Attorney
C:1:27:10
. .
ty
MUTUAL AID AGREEMENT
• BETWEEN THE CITY OF BAYTOWN, TEXAS
AND CHAMBERS COUNTY, TEXAS
The contracting parties solemnly agree:
SECTION 1. PURPOSE
The purpose of this agreement is to provide mutual aid for the City of
Baytown and Chambers County, in meeting any emergency or disaster from enemy
attack or other cause, natural or otherwise. This agreement is made pursuant
to the Interlocal Cooperation Act, Texas Revised Civil Statutes, Article 4413
(32c), and Texas Revised Civil Statutes, Article 6889-7, commonly referred to
as the Disaster Act of 1975. This agreement recognizes that the prompt, full
and effective utilization of the resources of the respective cities and
coumties is essential to the safety, care and welfare of the people thereof in
the event of a major emergency or disaster. The Coordinators of Emergency
Management of both party groups shall constitute a committee to formulate plans
and take all necessary steps for the implementation of this agreement. Such
planning shall incorporate the use of resources, including personnel ,
equipment, and supplies necessary to provide mutual aid.
SECTION 2. RESPONSIBILITIES
It shall be the duty of each party to formulate emergency management plans
and programs for application within such city or county. There shall be
frequent consultation between the representatives of the parties and the free
exchange of information and services. In carrying out such emergency
management plans and programs, the parties shall , so far as possible, provide
and follow uniform standards, practices and rules and regulations including:
(a) Warnings and signals for exercises or disasters and the mechanical
devices to be used in connection therewith;
(b) Shutting off water mains, gas mains, electric power
connections and the suspension of all other utility services;
(c) Selection of all materials or equipment used or to be used for
emergency management purposes to assure that such materials and equipment will
be easily and freely interchangeable when used in or by any other party city.
(d) The conduct of civilians and the movement and cessation of movement
of pedestrians and vehicular traffic, prior, during and subsequent to exercises
or disasters;
(e) The safety of public meetings or gatherings.
Each party is responsible for the coordination of all emergencies
occurring wihin its own jurisdiction.
Either party requested to render mutual aid shall take such action as is
necessary to provide and make available the resources covered by this agreement
in accordance with the terms hereof; provided that it is understood that the
entity rendering aid may withhold resources to the extent necessary to provide
reasonable protection for its own citizens. Each party while operating within
the receiving boudaries under the terms and conditions of this agreement, shall
have the same.powers, duties, rights, privileges and immunities as if they were
performing their duties in their own jurisdiction. . Emergency management forces
will continue under the command and control of their regular leaders, but the
organizational units will come under the operational control of the emergency
management authorities of the party receiving assistance.
1.
• ' •
Authorities and and other benefits of this contract shall only be in
effect after official requests have been made, except in cases of rapidly
developing emergencies near the City limits of Baytown as described in Section
4. Nothing in this agreement shall be construed to limit the authority of
Chambers County to meet its legal responsibility.
SECTION 3. LIABILITY
Neither party nor its officers nor employees rendering aid pursuant to
this agreement shall be liable on account of any act or omission in good faith
on the part of such forces while so engaged, or on account of the maintenance
or use of any equipment or supplies in connection therewith.
SECTION 4. Procedures
Requests for aid are to be made through the Emergency Management Office of the
requesting organization, after approval by the Chief Executive.The request is
to be made through the Emergency Operating Center (EOC) of the sending party,
if it is in operation, otherwise through the police or sheriff dept. During any
emergency both parties shall keep the other informed, with frequent up-dates,
on details of situations that affect the other. The Department of Public Safety
in Houston is to be notified immediately whenever mutual aid is invoked.
In cases of rapidly developing emergencies occurring near the City of Baytown
but in Chambers County, the Baytown Police and/or Fire Department will respond
as they are able, without request. They will establish control of the scene
until the arrival of Chambers County officials. Control will then be
transferred to Chambers County, but Baytown resources will remain on the scene
as needed, unless unable to do so because of greater needs in their own
jurisdiction. In such cases the benefits of this agreement shall be in effect.
SECTION 5. COMPENSATION
Each party shall provide for the payment of compensation and death
benefits to injured members of their own emergency management forces and the
representatives of deceased members of such forces in case such members sustain
injuries or are killed while rendering aid pursuant to this agreement, in the
same manner and on the same terms as if the injury or death were sustained
within their own jurisdiction.
SECTION 6. FINANCE
Either party rendering aid in the other entity pursuant to this agreement
shall be reimbursed by the party receiving such aid for any loss or damage to,
or expense incurred in the operation of any equipment answering a request for
aid, and for the cost incurred in connection with such requests; provided, that
the aiding party may assume in whole or in part such loss damage expense, or
other costs. Straight-time salaries and wages are to be paid by the sending
party while overtime is to be paid by the receiving city. As much as possible,
notice is to be given to the receiving party prior to incurring overtime.
SECTION 7. SEVERABILITY
This agreement shall continue in force and remain binding on each party
until either the Baytown City Council or Chambers County Commisioners Court
takes action to withdraw therefrom. Such action shall not be effective until
90 days after notice thereof has been sent by the Emergency Management Director
of the party desiring to withdraw to the Emergency Management Director of the
other party.
2.
• This agreement shall be construed to effectuate the purpose stated in
Section 1, hereof. If any provision of this agreement is declared
unconstitutional , or the applicability thereof to any persons or circumstances
is held invalid, the constitutionality of the remainder of the agreement and
the applicability thereof to other persons and circumstances shall not be
affected thereby.
SECTION 8. APPLICABILITY
This agreement shall become operative immediately upon its approval by
both parties. Duly authenticated copies of this agreement and of such
supplementary agreements as may be entered into shall , at the time of their
approval , be deposited with each of the party entities and with the Division of
Emergency Management and other appropriate agencies of the State of Texas.
This agreement shall become binding and obligatory when it shall have been
signed by the Mayor and County Judge enumerated in this agreement; when it
shal have been approved by the governing bodies of each group. .
yor County Judge
City of Baytown, Texas Chambers County, Texas
Date - 2I 7 Date ��1�0 /0 /9 '7