Ordinance No. 5,838910425-4
reTWITURNMIN 0811MME:
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT
WITH HARRIS COUNTY, TEXAS, TO PROVIDE FIRE PROTECTION TO
CERTAIN AREAS OUTSIDE THE CITY LIMITS; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
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 authorizes and directs the Mayor and City clerk of
the City of Baytown to execute and attest to an agreement with
Harris County, Texas, to provide fire protection to certain areas
outside the city limits of Baytown. 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 25th day of April,
1991.
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ATTEST:
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Agreement #4
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
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 $ 10,650 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.
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The term of this agreement shall be one (1) year beginning
January 1, 19 91 , and ending _De. , ember 31 19 91 -
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.
W
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 $ 10,650 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 $ 10,650 under 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 19 91.
ATTEST: CITY OF BAYTOWN
B
Secretary Ma r
HARRIS COUNTY
By
JON LINDSAY, County Judge
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0 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 $ 10,650
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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ORDER AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN
HARRIS COUNTY AND CITY OF BAYTOWN
THE STATE OF TEXAS §
COUNTY OF HARRIS §
On this the day of , 19 91 the
Commissioners Court of Harris County, Texas, being duly convened at
a regular meeting of the Court, upon motion of Commissioner
seconded by Commissioner
duly put and carried,
It is ORDERED that County Judge Jon Lindsay be, and he is
hereby authorized to execute an agreement to provide fire fighting
and fire protection services between Harris County and the City of
BAYTOWN , said Agreement being incorporated herein by reference
for all purposes as though fully set forth word for word.
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