R2002-0080 05-13-02 RESOLUTION NO. R2002-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY
FOR MUTUAL AID ASSISTANCE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain interlocal agreement by and between the City of Pearland
and Harris County, a copy of which is attached hereto as Exhibit "A" and made a part
hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a interlocal agreement with Harris County, for mutual aid
assistance.
PASSED, APPROVED and ADOPTED this the__
A.D., 2002.
13 day of May
MAYOR
ATTEST:
~i~NsG LO/~~//
ECI~fETARY -/
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
R2002-80
INTERLOCAL AGREEMENT
THE STATE OF TEXAS §
COUNTY OF HARRIS §
THIS INTERLOCAL AGREEMENT (the "Agreement") is made and entered into
by and between Harris County (the "County"), a body corporate and politic under the
laws of the State of Texas, acting by and through its governing body, the Harris County
Commissioners Court, and the City of Pearland, Texas (the "City"), a municipal
corporation of the State of Texas, acting by and through its governing body, the City
Council. This Agreement is made pursuant to chapter 791 of the Texas Government
Code (the Interlocal Cooperation Act) and chapter 418 of the Texas Government Code
(the Texas Disaster Act of 1975).
RECITALS:
The parties hereto recognize the vulnerability of the people and the communities
located within Harris County, Texas to damage, injury, and loss of life and property
resulting from natural or man-made catastrophes, riots, or hostile military or paramilitary
action; and
The full and effective utilization of the resources available to the County and the
City is necessary for the prompt and efficient rescue, care, and treatment of persons
victimized or threatened by disaster; and
The parties hereto desire to enter into an agreement to provide mutual aid
assistance consistent with the mutual aid plans developed by the emergency management
council and approved by the governing bodies of the County and the City;
NOW, THEREFORE, the County and the City, in consideration of the mutual
covenants and agreements herein contained, do mutually agree as follows:
TERMS:
The County and the City shall each appoint an Emergency Management
Coordinator to take all steps necessary for the implementation of this Agreement.
II.
It shall be the duty of each party to formulate emergency management plans and
programs that incorporate the use of available resources, including personnel, equipment
and supplies necessary to provide mutual aid assistance. The approved plan shall be
submitted to the Governor's Division of Emergency Management.
In carrying out the emergency management plans and programs, the parties shall,
insofar as possible, provide and follow uniform standards, practices and rules and
regulations, including but not limited to the following:
(a) Warnings and signals for exercises or disasters and the mechanical devices
to be used in connection therewith;
(b) Shutting off water mains, gas mains, electric power connections and the
suspension of all other utility services;
(c) Selection of all materials or equipment used or to be used for emergency
management purposes to assure that such materials and equipment will be
easily and freely interchangeable when used in or by either party hereto;
(d) The conduct of civilians and the movement and cessation of movement of
pedestrians and vehicular traffic, prior to, during and subsequent to exercises
or disasters; and
(e) The safety of public meetings or gatherings.
Each party is responsible for the coordination of all emergencies occurring within its
jurisdiction.
Either party, when requested to provide mutual aid assistance, shall take such
action as is necessary to provide and make available the resources covered by this
Agreement in accordance with the terms hereof, provided however, the entity rendering
aid may withhold resources to the extent necessary to provide other necessary
governmental functions. The City, while performing services enumerated herein, shall
have the same powers, duties, rights, privileges and immunities as if it were performing
said duties within its incorporated area. Emergency management forces will continue
under the command and control of their regular command structure, but the
organizational units will come under the operational control of the emergency
management authorities of the party receiving assistance.
Each request for mutual aid assistance shall be made through the Emergency
Management Office of the party requesting aid, after approval by the requesting party's
chief executive or governing body, to the Emergency Operating Center ("EOC") of the
other party, if mobilized, or the City's police chief or the County's sheriff. The regional
headquarters of the Texas Department of Public Safety shall be notified immediately
whenever mutual aid is requested pursuant to this Agreement.
In the event of rapidly developing emergencies occurring near, but outside of the
incorporated area of the City, but within the unincorporated area of Harris County, the
City's police and/or fire departments will respond as it is able, without the prior request
of the County. The City's emergency response units will establish control of the scene
until the arrival of Harris County officials. Control will then be transferred to the
County, however, the City's resources will remain on the scene as needed. In such event,
this Agreement shall be in effect.
III.
Nothing in this Agreement shall be construed as making either party responsible
for the payment of compensation and/or any benefits for the other party's employees.
IV.
The mutual obligations herein shall constitute full compensation for all services,
and neither party shall be entitled to any reimbursement for assistance hereunder. Neither
party shall have any liability for failure to expend funds to provide aid hereunder. The
sole remedy for failure to provide aid in accordance with this Agreement is termination.
go
Neither party waives or relinquishes any immunity or defense on behalf of itself,
officers, employees and agents as a result of its execution of this Agreement and the
performance of the covenants contained herein.
VI.
This Agreement shall continue in force and remain binding on each party until
such time as the governing body of either the City or the County terminates said
Agreement. It is mutually agreed that the party requesting termination shall notify the
other party, in accordance with the notice provision contained in Section VII, at least 90
days prior to any action taken by either City Council or Commissioners Court.
VII.
Any notice required to be given under the provisions of this Agreement shall be in
writing and shall be duly served when it shall have been deposited, enclosed in a wrapper
with the proper postage affixed and duly certified, return receipt requested, in a United
States post office, addressed to the City or the County at the following addresses.
To the City:
City of Pearland, Texas
3519 Liberty Drive
Pearland, Texas 77581
Attention: Office of the Mayor
To the County:
Harhs County
Harris County Administration Building
1001 Preston Avenue, 9th Floor
Houston, Texas 77002
Attention: Office of the County Judge
Either party may designate a different address by giving the other party ten days' written
notice.
3
VIII.
This Agreement and the obligations of the parties
applicable roles, regulations and laws of the State of Texas.
hereto are subject to all
IN WITNESS WHEREOF, the County and the City have made and executed
this Agreement in duplicate counterparts, each of which is an original.
APPROVED AS TO FORM:
HARRIS COUNTY
MICHAEL A. STAFFORD
County Attorney
NICHOLAS J. LYKOS
Assistant County Attorney
By
County Judge
Date Signed: APR 1 6 2002
ATTEST/SEAL:
CITY OF PEARLAND, TEXAS
TOM REID
Mayor
Date Signed: May 14, 2002
Date Signed: May 14, 2002
COUNTERSIGNED:
By
City C-omml~ Manager
Date Signed: May 21, 2002
THE STATE OF TEXAS §
COUNTY OF HARRIS §
The Commissioners Court of Harris County, convened at a meeting of said Court
at the Harris County Administration Building in the City of Houston, Texas, on the
day of APR L {'~ ~0[_12 , 2002, with the following members present, to-wit:
Robert Eckels
E1 Franco Lee
Steve Radack
Jerry Eversole
and the following members absent, to-wit:
quorum, when among other business, the following was transacted:
County Judge
Commissioner, Precinct No. 1
CGill 'S ' ~ ' ' ....
Commissioner, Precinct No. 3
Commissioner, Precinct No. 4
~ , constituting a
the same be adopted.
adoption of the order.
by the following vote:
ORDER AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT
BETWEEN HARRIS COUNTY AND CITY OF PEARLAND, TEXAS
Commissioner ~..a-~~,.__~troduced an order and made a motion that
Commissioner ~ seconded the motion for
The motion, carrying with it the adoption of the order, prevailed
Vote of th~ Court:
AYE S:
NAYS:
ABSTENTIONS:
Yes No Abstain
Judge Eckels ~ E] E]
Comm. Lee ~ C~ C~
Comm, Radack ~ r"] r-]
Comm. Eversole ~ [-'] [-]
The County Judge thereupon announced that the motion had duly and lawfully
carried and that the order had been duly and lawfully adopted. The order thus adopted
follows:
RECITALS:
Harris County (the "County") and the City of Pearland, Texas (the "City")
recognize the vulnerability of the people and the communities located within Harris
County, Texas to damage, injury, and loss of life and property resulting from natural or
man-made catastrophes, riots, or hostile military or paramilitary action; and
The full and effective utilization of the resources available to the County and the
City is necessary for the prompt and efficient rescue, care, and treatment of persons
victimized or threatened by disaster; and
Presented to Commas Court
APR
APPROVE
Recorded Vol ~ Page,,,
The County and the City desire to enter into an agreement to provide mutual aid
assistance consistent with the mutual aid plans developed by the emergency management
council and approved by the governing bodies of the County and the City; and
The Commissioners Court of Harris County desires to approve the County's
entering into an Interlocal Agreement with the City based on the aforesaid
representations. NOW, THEREFORE,
BE IT ORDERED BY THE COMMISSIONERS COURT OF HARRIS COUNTY,
TEXAS THAT:
Section 1: The recitals set forth in this order are true and correct.
Section 2: The Agreement is approved and the County Judge of Harhs County or his
designee is authorized to execute an. Interlocal Agreement with the City of Pearland,
Texas to provide mutual aid assistance. The Agreement is attached hereto and made a
part hereof for all purposes.
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