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.
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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.
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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,
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City of Pla~nview
ATTEST:
'~ry~~ Owe.n,__
City Secretary
County of Hale
Judge Bill Hollars
ATTEST:
Mildred Tucker,
county Clerk
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