Ordinance No. 10,177ORDINANCE NO. 10,177
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING
AND DIRECTING THE MAYOR TO EXECUTE AND THE INTERIM CITY
CLERK TO ATTEST TO AN INTERGOVERNMENTAL EMERGENCY
MUTUAL AID AGREEMENT WITH THE CITY OF HOUSTON; 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 Interim City Clerk of the. City of Baytown to execute and attest to an
Intergovernmental Emergency Mutual Aid Agreement with the City of Houston. A copy of said
agreement is attached hereto, marked Exhibit "A" and incorporated herein 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 27th day of September, 2005.
CALVIN MUNDINGER, Mayor
ATTE
VIN KNAJF, Interim City glerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., CWy Attorney
• RAKaren \Files \City Council\Ordinances\2005 \September 22W utualAidwithHouston4Katrina.doc
® INTERGOVERNMENTAL EMERGENCY MUTUAL AID AGREEINTENT
•
This Intergovernmental Emergency ii�Iutual Aid Agreement ( "Agreement ") is made by and
between the CITY OF HOUSTON, TEXAS "City ", a municipal corporation, and CITY OF
BAYTOWN, a political subdivision of the State of Texas ( "Agency "), by and through its Police
Department.
WHEREAS, Texas law authorizes local governments to contract with each other to provide
services; and
WHEREAS, Texas law and state policy also provide for certain reimbursements or financial aid
to local governments for certain natural disasters or emergency conditions declared by the Texas Governor;
and
WHEREAS, the Texas Governor has declared a disaster in Texas resulting from Hurricane
Katrina and the Texas effort to house displaced persons; and
WHEREAS, the Agency has provided emergency mutual aid services to the City on behalf of the
Hurricane Katrina disaster; and
WHEREAS, the parties find it to be in their best interest to agree to a mutual aid agreement in
response to Hurricane Katrina and for any other services as may be requested by the City in the future;
NOW, THEREFORE, in consideration of the above recitals and the covenants contained herein,
the parties agree as follows:
Agency shall provide such mutual aid on behalf of Hurricane Katrina as may be requested by the City or
for other emergency conditions of a natural disaster as defined by Texas law. The aid rendered shall be to
the extent of available personnel and equipment not required for minimum needs of the Agency. The
judgment of the Agency shall be final as to the personnel and equipment so available.
Personnel dispatched to aid the City shall remain employees of the Agency, but shall work under the
supervision of the City. The Agency retains the right to withdraw any and all aid rendered.
The Agency shall provide a list to the City of reasonable hourly rates and equipment costs, and hours
worked for all such aid rendered for all actual costs. The City shall submit the Agency's cost information
to FEMA for reimbursement of eligible costs by FEMA directly to Agency. The City shall not be liable to
Agency for costs incurred by Agency under this Agreement. Damage to equipment that is not related to
performing eligible work, or damage that was reasonably avoidable is not eligible for reimbursement.
The Agency shall not be liable for its failure or refusal to render aid pursuant to this Agreement. The City
may in its sole discretion determine the manner under which the Agency's emergency aid may be utilized.
This Agreement shall not be effective unless both parties have duly executed this Agreement on or before
September 29, 2005.
IN WITNESS WHEREOF, this Agreement has been duly executed by the parties subscribed
below and is binding upon the City and the Agency. The parties have executed this Agreement in multiple
copies, each of which is an original.
EMIT A
• ATTEST /SEAL:
KELVIN KNAUF, Interim City Clerk
APPROVED AS TO FORM
4 ACID RAti1IREZ, SR., Attorney
ATTEST /SEAL:
City Secretary
APPROVED AS TO FORM
Sr. Assistant City Attorney
L.D. File No. 0440200004 -001
0
AGENCY:
CITY OF BAYTOWN, TEXAS
CALVIN MUNDINGER, Mayor
CITY OF HOUSTON, TEXAS
Mayor
COUNTERSIGNED BY:
City Controller
DATE COUNTERSIGNED:
Fax from : 713 3081181 86-29-06 09:25 Pg: 3
_ ..�.
•r
i.
_ - _1 AGENCY:
ATTEST/SEAL: CL1Y OF BAYTOWN, TEXAS
ii LVLN ��. Interim / Clerk CALVIN MUNDINGiER,'Mayor
APPROVED AS TO FORM
ACIO RAMIREZ, SR., Attorney
S'C/$EAL.
CITY OF HOUSTON,TEXAS
•
City Sec*etarY ��— Mayor
COUNTERSIGNED BY:
QA..4^.4.4-4—N) 106— •
City Controller PQtb,
APPROVED AS TO FORM - DATE COUNTERSIGNED:
alA-Le •A1 .6 A•g t t _
Sr. Assistant City Attorney
-L.D. File No_ 0440:00004.001