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Ordinance No. 6,232920514 -2 ORDINANCE NO. 6232 • 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 BUT WITHIN THE EXTRA TERRITORIAL JURISDICTION OF THE CITY OF BAYTOWN; 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 but within the extra territorial jurisdiction of the City 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 14th day of May, 1992. ATTEST: LEEK P. , C ty Clerk ACIO RAMIREZ, R., ty Attorney C:1:9:3 D:/PnWABre�Mt #4-Ju • A^ -REEK 8 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 cting her he in bteaof Texas, hereinafter sometimes called "County," 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«;,... WITNES$_ETH: y MUM, Harris County desires to provide fire fighting and fire protection services to certain unincorporated areas of the Counts County her ervetand protectethe public health of the citizens of the and to preserve County; and WHEREAS, the City is willing to furnish fire fighting and fire protection services to hereinafter unincorporated vided; areas of Harris County for the considerations NOW, THEREFORE, KNOW ALL MEN BY THESE PREPRESENTS: benefits in consideration it is AGREED as followsts, agreements to both parties, 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 3 :_ 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 $ 9,185.00 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. The term of this agreement shall be one (1) year beginning January 1 , 19 92 , and ending Decem er_ 31 , 19,x_• 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 seo in o equipment supplies are not otherwise engaged f ire 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 $ 9,185.00 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 $ 9,185.00 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 Cor or to thagents manner, mean a or in methodp in which the such service the services are performed. -2- The City agrees to a certified copy of the Agreement within five agreement. VIII. deliver to the Fire Marshal of Harris County ordinance authorizing the City to enter this (5) days after the execution of this 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 rris County- County Fireema marshal shall and shall be signed and provided by th 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 N/A which may be terminated at any time by daily rate of �_. either the County or the City. EXECUTED this the ; ay of , 1992 . ATTEST: Secretary C CITY OF BAYTOWN Mayor yAmis COUNTY By JON LINDSAY, County Judge -3- • APPROVED AS TO FORM: MIKE DRISCOLL County Attorney MARILYN BARNES Assistant County Attorney I hereby certify that funds are available in the amount of $ 91185 * 00 to pay the obligation of Harris Conty under and within the foregoing contract. TOMMY J. TOMPKINS County Auditor Harris County, Texas 0 -4- • ORDER AUTHORIZING EXECUTION OF BAN AGREEMENT BETWEEN THE STATE OF TEXAS 9 g COUNTY OF HARRIS g On this the — day of 0 19.32.._._, 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.