Ordinance No. 6,995A
.ORDINANCE NO. 6995
940512 -2
• AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN FIRE
PROTECTION AGREEMENT WITH HARRIS COUNTY; 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 Fire
Protection Agreement with 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 12th day of May,
1994.
PETE C. ALFARO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
9 C"'X
eZ4MACIO RAMIREZ, 0., C ty Attorney
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A G R E E M� _
THE STATE OF TEXAS S
S
COUNTY OF HARRIS S
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
Ordihence duly passed by the City.
W I T N R 3 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 Ten Thousand Three
Hundred Sixty and No /100 Dollars ($10,360.00) 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.
EXHIBIT A
04 KXB \Fir* \45,198(eb)
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III.
The term of this agreement shall be for twelve (12) months
beginning March 1, 1994, and ending February 28, 1995.
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.
V.
The City shall observe and comply with all federal, state, and
local 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 Ten Thousand Three Hundred Sixty and No /100 Dollars ($10,360.00)
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 Ten
Thousand Three Hundred Sixty and No /100 Dollars ($10,360.00) 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 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.
The City expressly agrees to indemnify and hold the County
harmless from and against any, and all losses, expenses, demands,
and claims made against the County arising in any manner out of its
custody and use of said fire fighting apparatus or the furnishing of
fire fighting and protection services whether such loss, expense,
demand, or claim is caused by County's negligence or not.
XI.
The City further covenants and agrees that it will, at its own
expense, maintain at all times during the term of this Agreement, an
city as an insured, covering injuries arising out of or in
connection with the performance of the services herein provided for,
with coverage of not less, than One Hundred Thousand and No /100
Dollars ($100,000.00) for injuries to any one person and not less
than Three Hundred Thousand and NO 1100 Dollars ($300,000.00) for
injuries to more than one person in any one accident or occurrence,
and not less than One Hundred Thousand and No /100 Dollars
($100,000.00) for any single occurrence for injury to or destruction
of property, or in the amount of the County's maximum limitations of
liability under the Texas Tort Claims Act, as amended, whichever is
greater. Such liability insurance policy shall include coverage for
all apparatus and /or premises made available to the City by County
in performing its fire fighting obligations as well as any fire
fighting and fire protection services provided for herein. Further,
the City agrees to provide to County a certificate of insurance
evidencing the same within fifteen (15) days after the execution of
this Agreement.
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XII.
If either party hereto refuses or fails to timely perform any
one or more of the undertakings and obligations which are to be
performed hereunder, then and in that event, the other party hereto
shall have the right to terminate this Agreement upon ten (10) days
written notice to the defaulting party. Within ten (10) days after
receipt of such notice of termination, the City shall refund to
County an amount equal to 1 /12th of the sum set forth in Paragraph
II above, times the number of full calendar months remaining under
the term of this Agreement after such termination date.
XIIX.
Any notice required or permitted to be given by County to the
City hereunder may be given by certified or registered United States
Mail, postage prepaid, return receipt requested, and addressed to:
Baytown Fire Department
201 E. Wye Dr.
Baytown, Texas 77521
Any notice required or permitted to be given by the City to
County hereunder may be given by certified or registered United
States Mail, postage or fee prepaid, return receipt requested
addressed to:
Harris county
1001 Preston, 9th Floor
Houston, Texas 77002
Attention: County Judge
Any notice shall be considered given and complete upon deposit in
the United States Mail as aforesaid.
XIV.
This instrument constitutes the entire agreement between the
parties hereto and supersedes any and all agreements previously
entered into by these same parties pertaining to fire fighting
services insofar as it covers the term above specified.
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EXECUTED this the /�-t.� day of , 19L4 .
APPROVED AS TO FORM:
MIRE DRISCOLL
County Attorney
HARRI OUNTY
By By
L ES JON NDSAY, County J ge
Assistant County Attorney
ATTEST:
Secretary
CITY OF BAYTOWN
By
Mayor
. . . . . . . . . .
..........
I hereby certify that funds are available in the amount of Ten
Thousand Three Hundred Sixty and No /100 Dollars ($10,360.00) to pay
the obligation of Harris County under and within the foregoing
contract.
TOMMY J. TOMPRINS
County Auditor
Harris County, Texas
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THE STATE OF TEXAS S
S
COUNTY OF HARRIS S
On this
the
tQ day of
044-6�L or 19 9 , 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.
PRESEN Tr0 TO
Cnmmissinne urt
Date
APR 12
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