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HomeMy WebLinkAboutR86-156121 RESOLUTION NO. R86-156 A RESOLUTION OF THE MAYOR AND CITY COUNCIL THE CITY OF PLAINVIEW, TEXAS AUTHORIZING THE MAYOR TO EXECUTE A FIRE SERVICE AGREE~W~TWITH HALE COUNTY. WHEREAS, the City of Plainview has notified Hale County that the existing Fire Service Agreement will be terminated as of September 30, 1986,; and WHEREAS, the City organized and conducted a meeting with the County concerning the possible renegotiation of the contract; and WHEREAS, at said meeting the County stated that it would form a volunteer fire department and would not utilize the City of Plainview fire services; and WHEREAS, a second meeting was cancelled by the County and has not been rescheduled by the County; and WHEREAS, the City had indicated that it would provide a transition period from the use of the City of Plainview Fire Department to the creation of Hale County Volunteer Fire Department; and WHEREAS, in order to facilitate said transition a proposed fire service agreement has been prepared and is attached and made a permanent part of this resolution. NOW, THEREFORE BE IT RESOLVED by the Mayor and the City Council that the Mayor is hereby authorized to execute the attached Fire Service Agreement between the City of Plainview and Hale County. PASSED AND APPROVED this the 9th day of September, 1986. E.V. RIDLEHUBER, Mayor ~s~.kY~ OWE~N~, City Clerk STATE OF TEXAS § § FIRE SERVICE AGREEMENT COUNTY OF HALE THIS AGREEMENT made and entered into this 9th day of 1986 by and between the CITY OF September , ~LAINVIEW, a h6me 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 fire, and has in its employ persons trained in the use of such equipment, the same being and composing the fire department of the CITY: and, WHEREAS, TEX.REV.CIV.STAT.ANN- art. 2351a-1 (Vernons Supp. 1986), provides in part that the Commissioners court of any County of the State of Texas shall have the authority to enter into contracts with any city, town or village within such county and/or adjoining counties upon such terms and conditions as shall be agreed upon between the commissioners 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 the incorporated city's, towns and villages thereof, and the City is willing to provide such services as hereinafter set forth and provided; 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 1. DEFINITIONS: A. Fire Services. Fire Services shall be defined as the use of personnel and/or equipment for suppression of fire, prevention of fire, investigation of fire, or rescue operations. 1 of 4 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 services. SECTION 2. FIRE SERVICE: City will provide fire services to points in the county which are outside the corporate limits of the City or City on calls made to and authorized by the Hale County Rural Fire Patrol Unit of the Hale county Sheriff's office. SECTION 3. PAYMENTS: County will pay City for each fire or potential fire call answered during the term of this agreement' at the rate of $2,271.00 per call. Within 10 days after the end of each calendar month the City shall submit to the County an itemized statement of runs made in the county. County shall tender payment within 10 days of City's billing date. SECTION 4. REPORTS: For each call made pursuant to this this agreement the Fire chief of the City shall prepare a fire report showing the date, time, location, description of fire, or fire hazard condition, and miles traveled to 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 10 days after the close of each calendar month. SECTION 5. PERSONNEL AS AGENTS OF COUNTY: As provided in TEX.REV.CIV.STAT-ANN- article 2351a-1 (Vernon's Supp. 1986), 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 the acts of agents of the county in all respects, not withstanding such person or persons may be regular employees or fireman of the city. SECTION 6. 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 4 B. The City reserves the right to refuse to answer any call pursuant to this agreement in the event the Fire Chief,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 men and equipment outside its' corporate limits. C. In the event City fire services remain at a scene for longer than 8 hours after arrival upon said scene, County agrees to pay $280.00 per hour for each additional hour City Fire Services are provided. Said hourly fee shall be incurred at the first half hour after the 8th hour, and prorated in increments of 15 minutes thereafter- D. The Fire chief of the City, or his designated representative, shall be the sole judge of the type and amount of equipment and manpower dispatched to calls pursuant to this agreement and said Fire chief, or his designate, shall be in charge of the fire fighting techniques used in response to any of said calls. SECTION 7. 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 8. HOLD-HARMLESS: County hereby 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 9. TERMINATION: This contract shall be effective commencing October 1, 1986, and shall automatically be terminated as of April 1, 1987. This contract may be terminated by either party hereto by giving of 60 days written notice of cancellation- EXECUTED on the day and year first written above by, 3 of 4 City of Pla~nview ATTEST: '~ry~~ Owe.n,__ City Secretary County of Hale Judge Bill Hollars ATTEST: Mildred Tucker, county Clerk 4 of 4