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HomeMy WebLinkAboutR90-173145 ¢OUI~I~OFtIM~ - FIRE RESOLUTION NO. R90-173 A RESOLUTION OF THE CITY OF PLAINVIEW, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH THE COUNTY TO PROVIDE FIRE SERVICES TO THE RURAL AREAS OF HALE COUNTY. WHEREAS, the City of Plainview currently provides fire protection to rural Hale County through a Contract with Hale County; and WHEREAS, said Contract expires on September 30, 1990; and WHEREAS, it has been proposed that the County pay $875 per call, per unit for the next Contract year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Plainview, Texas, that he Mayor is hereby authorized to execute a Contract with Hale County for Fire Services with Hale County paying the City of Plainview $875 per call, per unit for rural fire protection. Passed and Approved this 28th day of August, 1990. E.V. Ridlehuber, Mayor ATTEST: Carla Reese, City Secretary APPROVED AS TO CONTENT: David Blackburn, City Attorney STATE OF COUNTY OF HALE $ FIR~ SERVICE AGREEMENT THIS AGREEMENT made and entered into this 29th day of September 1990~ by and between the CITY OF PLAINVIEW a Home Rule Municipal Corporation of the State of Texas, (herein called "City"), and the COUNTY OF HALE a Political Subdivision of the State of Texas, (herein called "County"), each acting herein by and through its duly authorized officials; WITNESSETH: WHEREAS, City is the owner of certain trucks and other equipment designed for and capable of being used in the protection of persons and property from and in the suppression and fighting of fires, and has in its employ persons trained in the use of such equipment, the same being and composing of the Fire Department of the City; and WHEREAS, V.ToC.A., Local Government Code ~352.001 (Vernon's 1990) provides in part that the Commissioners Court of any County of the State of Texas shall have the authority to enter into Contract with any City, Town or Village within such County and/or adjoined Counties upon such terms and conditions as shall be agreed upon between the Commissioner's Court and the governing body of any such City, Town or Village for the use of fire trucks and other fire protection and fire fighting equipment to the citizens of any such County residing outside the corporate limits of any incorporated City, Town or Village within such County; and WHEREAS, the County is desirous of obtaining such service for the citizens of the County residing outside the corporate limits of incorporated Cities, Towns and Villages thereof, and the City is willing t~ provide such services as hereinafter set forth and provide~. NOW, THEREFORE, for and in consideration of the premises and of mutual benefits to be derived by each of the parties hereto, which said parties now agree to be a valuable and sufficient consideration, said parties agree and covenant upon the terms and conditions as follows: SECTION I. DEFINITIONS: A. Fire Services. Fire Services shall be defined as the use of all available personnel and/or equipment for suppression of fire, prevention of fire, investigation of fire, or rescue operations. 1 of 3 B. Fire Call Answered. A fire call shall be answered after a call is initiated to the City by the Hale County Rural Fire Patrol Unit of the Hale County Sheriff's Office and City equipment and/or personnel leave the incorporated boundaries of the City of Plainview. C. Call. A call is defined as each response by City personnel and/or equipment to provide fire suppression services. SECTION IIo FIRE SERVICES: City will provide fire services to all points within the County which are outside the corporate limits of the City on calls made to and authorized by the Hale County Rural Fire Patrol Unit of the Hale County Sheriff's office. SECTION III. PAYMENTS: County agrees to pay City for each fire or potential fire call at the rate of $875 per call. The $875 shall be paid for each fire suppression unit which responds to a call. Within ten days after the end of each calendar month the City shall submit to the County an itemized statement of runs made in the County pursuant to Section IIo County shall tender payment within ten days of City's billing date. SECTION IV. REPORTS: For each call made pursuant to Section II, of this agreement, the Director of Public Safety of the City shall prepare a fire report showing the date, time, location, description of fire, or fire hazard condition and miles traveled to the location of the fire (to and from corporate city limits), and file true copies of such report with the City Finance Director and County Auditor no later than ten days after the close of each calendar month. SECTION V. PERSONNEL AS AGENTS AS COUNTY: As provided in V.T.C.A., Local Government Code ~352.004 (Vernon's 1990), the acts of any person or persons while fighting fires, traveling to or from fires, or in any manner furnishing fire protection to the citizens of the County outside the corporate limits of the City shall be considered as acts of the agents of the County in all respects, not withstanding such person or persons may be regular employees or firemen of the City. SECTION VI. LIMITATIONS: A. Nothing contained herein shall be construed as obligating the County to pay for calls by the City to locations within other incorporated Cities, Towns, or Villages in the County. 2 of 3 B. The City reserves the right to refuse to answer any call in the event the Director of Public Safety or his designated representative of the City shall determine that the health, safety and welfare of the citizens of the City would be endangered by the dispatching of personnel and equipment outside its corporate limits. C. The Director of Public Safety of the City, or his/her designated representative, shall be the sole judge of the type and amount of equipment and manpower dispatched to calls and said Director of Public Safety, or his/her designate shall be in charge of the fire fighting techniques used in response to any of said calls. SECTION VII. MODIFICATION: This Contract contains the entire agreement. There are no other agreements, oral or written, and the terms of this Contract can be amended only by written agreement signed by both parties. SECTION VII. HOLD - HARMLESS: County agrees to protect, defend, indemnify and hold harmless City and its employees, agents, officials and servants free and harmless from any and all losses, claims, liens, demands, and causes of action incurred by City arising in favor of any other party while City is acting in connection with this Contract. SECTION IX. TERMINATION: This Contract shall be effective commencing October 1, 1990, and shall automatically be terminated as of September 30, 1993. This Contract may be terminated by either party hereto by giving of sixty days written notice of cancellation. Executed in duplicate originals on the day and year first written above by: CITY OF PLAINVIEW: E.V~ Ridlehuber, Mayor ATTEST: Carla Reese, City Secretary COUNTY OF HALE: Judge Bil~ ATTEST: County Clerk 3 of 3