Ord. 0579 09-11-89ORDINANCE N0. 579
AN ORDINANCE AUTHORIZING THE APPROVAL OF A MUTUAL AID FIRE
PROTECTION, AGREEMENT BETWEEN THE CITY OF PEARLAND AND THE
SOUTHEAST VOLUNTEER FIRE DEPARTMENT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
SECTION 1. The facsimile of an agreement, annexed hereto and
incorporated herein for all purposes, designated Exhibit "A", by and
between the City of Pearland and the Southeast Volunteer Fire
Department, for mutual aid fire protection is hereby authorized and
approved.
SECTION 2. The City Council finds that such Contract is
reasonable and necessary and hereby authorizes the Mayor to execute
for and on behalf of the City of Pearland the annexed document.
PASSED AND APPROVED ON FIRST READING by the City Council of the
City of Pearland, Texas, in regular meeting on this the �f day of
A. D., 1989.
TOM REID, MAYOR
ATTEST:
KAY KROT'SE, CITYSECRETARY
PASSED AND APPROVED ON SECOND AND FINAL READING by the City
Council of the City of Pearland, Texas, in regular meeting this the
// day of
ATTEST:
KAY KR USE, CITY SECRETARY
APPROVED AS TO FORM:
, A. D., 1989.
TOM REID, MAYOR
ROBERT E. TALTON
CITY ATTORNEY
EXHIBIT "A"
MUTUAL AID FIRE PROTECTION AGREEMENT WITH THE
CITY OF PEARLAND AND THE SOUTHEAST VOLUNTEER FIRE DEPARTMENT
THE STATE OF TEXAS
COUNTY OF BRAZORIA
§
§
THIS AGREEMENT is made and entered into by, among and
between the City of Pearland, located in Brazoria and Harris
Counties and "The Southeast Volunteer Fire Department", all
parties being municipal corporations or county governments duly
organized and existing under the laws of the State of Texas,
acting herein by and through their respective Mayor or Fire
Chief, duly authorized to so act by ordinance or resolution duly
passed by said Cities or Fire Department.
WITNESSETH:
WHEREAS, Article 4413(32c), TEX.REV.CIV.STAT.ANN., author-
izes a local government by resolution of its governing body to
enter into an agreement with any neighboring local government for
the purpose of providing mutual aid in the area of fire
protection, and
WHEREAS, the City of Pearland located in Brazoria and Harris
Counties and the Southeast Volunteer Fire Department desire to
enter into such a mutual aid fire protection agreement wherein
the equipment, facilities and trained personnel of each fire
department is available to the other participants in the mutual
aid agreement on an as requested basis;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in
consideration of the mutual covenants, agreements and benefits to
all parties, it is AGREED as follows:
I.
During the term of this agreement, the parties agree to
provide upon request of one party (requesting party) to the
others (providing parties) such fire protection and suppression
personnel and to make available such equipment or facilities as
may be requested for the suppression of fires within the juris-
dictional areas of the parties; provided that the personnel,
equipment or facilities requested are not otherwise required
within the City or County providing same as determined by the
Fire Chief or Chief Fire Service Officer of the providing party.
Requests for mutual aid made pursuant to this Agreement shall be
made by and to the respective Fire Chiefs or Chief Fire Service
Officer or their designated representatives.
II.
While any fire service officer regularly employed by or
associated with the providing party is in the service of a
requesting party pursuant to this Agreement, he shall be a fire
service officer of such requesting party and be under the command
of the fire service officer therein who is in charge in that
county or municipality (requesting party), with all the powers of
a fire service officer in such other county or municipality as
fully as though he were within the jurisdiction where he is
regularly employed or associated and his qualification, respec-
tively, for office where regularly employed or associated shall
constitute his qualification for office in such other county or
municipality, and no other oath, bond or compensation need be
made.
III.
Any civil liability related to the furnishing of services
under this Agreement is the responsibility of the governmental
unit which would be responsible for furnishing the services
absent the Agreement.
IV.
Each party to this Agreement shall be responsible for its
own costs and expenses.
V.
The term of this agreement shall be indefinite with any
party having the right to terminate said Agreement upon thirty
(30) days notice to all other parties. The addition or deletion
of parties to this Agreement shall not affect the Agreement as to
- 2 -
the remaining parties except as may be specifically provided by
amendment to this Agreement.
VI.
The parties shall observe and comply with all Federal,
State, County and City laws, rules, ordinances and regulations in
any manner affecting the conduct of the services herein provided
and performance of all obligations undertaken by this Agreement.
FOR THE CITY OF PEARLAND:
�a77'7
MAYOR
DATE:
9-i/-J'9
FOR THE SOUTHEAST VOLUNTEER
FIRE DEPARTMENT:
DATE: //, p7
ATTEST:
DATE:
- 3 -
CITY SECii'ETARY
-//- 19
P2:18