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HomeMy WebLinkAboutR85-882!Og RESOLUTION NO. R85-882 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PIAINVIEW, TEXAS AUTHORIZING THE MAYOR TO EX~CUTE ~3TUAL AID AGRRRNRCNTS WITH THE CITIES OF HALE CENTER, KRESS, L0CKNEY, FLOYDADA, PETERSBUBG, OLTON, ABERNATHY, TULIA AND SILVERTON. WHEREAS, the City of Plainview operates a Fire Department and will be operating the emergency medical services as of October 1, 1985; and WHEREAS, it is in the best interest of the citizens of Plainview that the City enter into mutual aid agreements for fire services and emergency medical services where applicable with other municit~lities: NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Plainview, Texas that the Mayor is hereby authorized to execute a mutual aid agreement with the cities of Hale Center, Kress, Lockney, Floydada, Petersburg, Olton, Abernathy, Tulia and Silverton. PASSED AND APPROVt~ this the 13th day of Aq. gust, 1985. ~IALTER S. DO~iON~-City Clerk E.V. RIDT.R~r0BER, Mayor MUTUAL AID AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES STATE OF TEXAS § COUNTY OF HALE § 19 THIS AGREEMENT is entered into this day of , by and between the City of Plainview, Texas, and the City of , Texas. WHEREAS, the governing bodies of each city desire to secure for its city the benefits of mutual aid .in fire prevention and the protection of life and property from fire and in firefighting, and the benefits of mutual aid for emergency medical services; WHEREAS, the governing bodies of each city find that it would be in the best interest of its citizens to enter into a mutual aid agreement in regard to fire protection, firefighting, and emergency medical services, NOW, THEREFORE, it is agreed by and between each city a party hereto as follows: 1. That upon the request of one city to the other by the fire chief, representative of the emergency medical services, or an authorized official of said city, the responding city agrees to dispatch to any point within the incorporated limits of the re- questing city firefighting equipment or emergency medical services and equipment or both, and personnel to any point within the incorporated limits of the requesting c~ty to provide mutual aid in fire protection, firefighting, or emergency medical services, subject to the emergency conditions hereinafter stated. 2. It is agreed that an emergency condition shall exist within the corporate limits of a party hereto at a time when one or more fires are in progress, a medical emergency is in progress, or when a combination of such conditions exist in the requesting city, and an authorized representative of the responding city determines that it is advisable to send firefighting equipment, emergency medical equipment, or personnel to the responding city. 3. Any dispatch of equipment and personnel pursuant to this agreement is subject to the following conditions: (a) Any request for mutual aid hereunder shall specify the amount and type of equipment and number of personnel requested, the location to which the equipment and personnel are to be dispatched, with the amount and type of equipment and number of personnel to be furnished to be determined by a representative of the responding city; (b) A representative of the responding city shall report to the officer zn charge of the requesting city at the designated location; (c) The responding city Shall be released by the requesting city when the services of the responding city are no longer. required or when the responding city is in need of its equipment or personnel to fulfill its own needs or other obligations. 4. Any civil liability relating to the furnishing of services hereunder is the responsibility of the requesting city in accor- dance with Article 4413(32b), Texas Civil Statutes Annotated. However, all claims for Workers Compensation benefits arising out of this agreement shall be the sole responsibility of the party who is the general employer of the employee filing such claim. At no time shall the employees of the responding city be considered to be borrowed servants or on loan to the requesting city of this agree- ment. 5. The responding city shall not be reimbursed by the re- questing city for costs incurred pursuant to this agreement. 6. All-equipment used by the responding city's personnel in carrying out this agreement will, at the time of performance hereunder, be owned or leased by such city. Ail personnel acting for the responding city under this agreement will, at the time of such performance, be an employee or volunteer of the responding city. 7. It is further agreed by and between the parties hereto that either party shall have the right to terminate this agreement upon thirty (30) days written notice to the other party. 8. This agreement is made pursuant to Article 4413(32b), Texas Civil Statutes Annotated, known as the Interlocal Cooperation Act. 9. This agreement shall be effective on the date and year first above written and shall extend until such time as this agreement may be terminated as provided above. Walter S. Dodson, City Secretary E. V. Rid ATTEST: CITY OF By: , Mayor , City Secretary