Ordinance No. 5,342890824 -15
ORDINANCE No. 5342
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
with regard to providing fire fighting and fire protection
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 24th day of August,
1989.
9MFfVT-T 0. HUTTO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
RANDALL B. S RONGI y Attorney
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Agreement #4
AGR E E M _E N T
THE STATE,OF TEXAS §
COUNTY OF HARRIS §
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.
W I T N E S S E T H:
WHEREAS, Harris County desires to provide fire fighting and
fire protection services to certain unincorporated areas of Harris
County hereinafter designated 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;
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.
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 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 $ 9,725.00 to the
City for fire fighting and fire protection services to the
unincorporated area of Harris County designated in Paragraph I of
this agreement. The County agrees that said sum is to be paid to
the City within thirty (30) days after the execution of this
contract.
III.
w
The term of this agreement shall be one (1) year beginning
January 1 19 89, and ending December 31 1989
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, equipment 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 in
adjacent areas; provided that the above described personnel,
equipment and supplies are not otherwise engaged in fire fighting
within the City.
M
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 $ 9,725.00 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 the City more
than the sum of $ 9,725.00 the terms and provisions of the
agreement.
VII.
It is further agreed that in the performance of all
obligations 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 any
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.
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VIII.
The City 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 area of Harris
County designated in Paragraph 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
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.
X.
In the event the parties hereto shall hold over and carry
forward the services herein provided for after the expiration of
this agreement without a written renewal thereof, such holding over
shall not be deemed to operate as a renewal or extension of this
agreement but shall only create an agreement from day to day at a
daily rate of N/A which may be terminated at any time by
either the County or the City.
EXECUTED this the day of
ATTEST:
Secretary
19
CITY OF BAYTOWN
By
Mayor
By
JON LINDSAY, County Judge
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op + y`
APPROVED AS TO FORM:
MIKE DRISCOLL
County Attorney
LARRY W. HAYS
Assistant County Attorney
I hereby certify that funds are
available in the amount of $_ 9,725.00
to pay the obligation of Harris County
under and within the foregoing contract.
J. F. FLACK
County Auditor
Harris County, Texas
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