R80-11 4-14-80 RESOLUTION NO. R80- 11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BY AND
BETWEEN THE CITY OF PBARLAND AND THE CITY OF HOUSTON AND
HARRIS COUNTY REGARDING MUTUAL Aim FIRE PROTECTION,
BE IT RESOLVED by the City Council of the City of Pearland,
Texas, that the Mayor be, and he is hereby authorized to execute for
and in behalf of the City, a Contract by and between the City of Pearland
and City of Houston and Harris Co. regarding Mutual Aid Fire Protection.
A. D., 1978.
Mayor
ATTEgT:
t-~Yity Secreta7 ~
MUTUAL AID FIRE PROTECTION AGREEMENT
THE STATE OF TEXAS X
COUNTY OF BRAZORIA X
THIS AGP~EEMENT is made and entered into by, among, and between
the Cities of Houston and Pearland, and Harris County, 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 Mayors or County Judges duly autho-
rized to so act by ordinance or resolution duly passed by said
Cities or Counties.
WITNESSETH:
WHEREAS, Article 4413 (32c), TEX.REV.CIV.STAT.ANN., authorizes
a county or municipality by resolution of its governing body to
enter into an agreement with any neighboring municipality or con-
tiguous county for the purpose of providing mutual aid in the area
of fire protection, and
WHEREAS, the Cities (Houston and Pearland) desire to enter into
such a mutual aid fire protection agreement wherein the equipment,
facilities and trained personnel of each fire department is avail-
able to the other participants in the mutual aid agreement on an as
requested basis;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in consid-
eration 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 (provid-
ing 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 jurisdictional areas of the
parties; provided that the personnel, equipment, or facilities re-
quested are not otherwise required within the City or County pro-
viding same as determined by the Fire Chief or Chief Fire Service
Officer of the providing party. Requests for mutual aid made pur-
suant to this Agreement shall be made by and to the respective Fire
Chiefs or Chief Fire Service Officer, or their designated represen-
tatives.
II.
While any fire service officer regularly employed by or associ-
ated 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 is is regularly em-
ployed or associated, and his qualification, respectively, 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 this Agree-
ment.
IV.
Each party to this Agreement shall be responsible for its own
costs and expenses.
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 partie~
to this Agreement shall not affect the Agreement as to the remain-
ing parties, except as may be specifically provided by an 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.
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FOR THE CITY OF PEARLAND:
CITY ATTORNEY
DATE: DATE:
FOR THE CITY OF HOUSTON:
ATTEST:
MAYOR CITY SECRETARY
DATE: DATE:
APPROVED:
FIRE CHIEF CITY ATTORNEY
DATE: DATE:
FOR HARRIS COUNTY:
COUNTY JUDGE
DATE:
-3-
MUTUAL AID FIRE PROTECTION AGREEMENT ~/3~
THB STATE OF TEXAS
COUNTY OF HARRIS ~
THIS AGREEMENT is made and entered into by, among and
between the Cities of Bay~own, Bellaire, Bunker Hill Village,
Deer Park, Friendswood, Galena Park, Hedwig Village, Hillshire
Village, Houston, Humble, Hunters Creek Village, Jacinto City,
Jersey Village, Katy, LaPorte, Lomax, Missouri City, Nassau Bay,
Pasadena, Pearland, Piney Point Village, Seabrook, Spring Valley,
Southside Place, South Houston, Stafford, Tomball, Waller, Webster,
West University Place and Harris County, all parties being muni-
cipal corporations or county governments duly organized and
existing under the laws of the State of Texas, acting herein by
and through their respective Mayors or County Judges duly author-
ized to so act by ordinance or resolution duly passed by said
Cities or CouKties.
WITNESSETH:
~EREAS, Article 4413(32c), TEX.REV.CIV.STAT.ANN., authorizes
a county or municipality by resolution of its governing body to
enter into an agreement with any neighboring municipality or
contiguous county for the purpose of providing mutual aid in the
area of fire protection, and
WHEREAS, the Cities Baytown, Bellaire, Bunker Hill Village,
Deer Park, Friendswood, Galena Park, Hedwig Village, Hillshire
Village, Houston, Humble, Hunters Creek Village, Jacinto City,
Jersey Village, Katy, LaPorte, Lomax, Missouri City, Nassau Bay,
Pasadena, Pearland, Piney Point Village, Seabrook, Spring Valley,
Southside Place, South Houston, Stafford, Tomball, Waller, Webster,
West University Place and Harris County 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 pro-
upon request one party (requesting party) to the others
vide
of
(providing ~arties) 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 jurisdictional
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 dfficer 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.
~ile any fire service officer regularly employed by or
associated with the providing party is in the service of a.request-
ing 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, respectively, 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.
- 2 -
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.
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
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 BAYTOWN:
FOR THE CITY OF BELLAIRE:
- 3 -
FOR THE CITY OF BUNKER HILL VILLAGE:
MAYOR ATTEST:'
CiTY SECRETARY
DATE: DATE:
FOR THE CITY OF DEER PARE:
,?
u'"C~ TY s~RETARY
FOR THE CITY OF FRIENDSWOOD:
MAYOR ATTEST:
CITY SECRETARY
DATE: DATE:
FOR THE CITY OF GALENA PARK:
FCR THE CITY OF HEDWIG VILLAGE:
MAYOR ATTEST:
CITY SECRETARY
DATE: DATE:
FOR THE CITY OF HILLSHIRE VILLAGE:
MAYOR ATTEST:
CITY SECRETARY
DATE: DATE:
FOR THE CITY OF HUMBLE:
- 4
FOR THE CITY OF HUNTERS CREEK VILLAGE:
MAYOR ATTEST:
CITY SECRETARY
DATE: DATE:
FOR THE CITY OF JACINTO CITY:
DATE, ?'/'~ ,' ,'. '~"~'~: DATE:
FOR THE CITY OF JERSEY VILLAGE:
/A~' 'CITY SECRETARY
D~TE: '/~/~y //,/?~ DATE: ~
FOR THE CITY OF KATY:
FOR THE CITY OF LaPORTE:
MAYOR I ~. . -.~ . ~ ~ ~.~.~
' ~C~_I~Y SECRETARY
DATE:
FOR THE CITY OF LOMAX:
MAYOR AT~EST:
CITY SECRETARY
DATE: DATE:
FOR THE CITY OF MISSOURI CITY:
~-.../,/~/,_.~. CITY SECRETA~y
DATE: ~' / - ~ DATE:
- 5 -
FOR THE CITY OF NASSAU BAY:
MAYOR ' / CZ TY~C~y ~-
FOR THE CITY OF PASADENA:
CITY S~CRET~RY ~
DATE: '~--/'~ -"$'C~ DATE: -'Z-~ --' ~{-
FOR THE CITY OF PEA~L~ND:
/ /
f- ATTEST
MAYOR .~ ~.~ CITY SEC~TA~
FOR THE CITY OF PINEY POINT VILLAGE:
ATTEST:
MAYOR CITY SECRETARY
DATE: DATE:
FOR THE CITY OF SEABROOK:
ATTEST:
MAYOR CITY SECRETARY
DATE: DATE:
FOR THE CITY OF SPRING VALLEY:
ATTEST:
MAYOR CITY SECRETARY
D ·
ATE. DATE:
FOR THE CITY OF SOUTHSIDE PLACE:
~YOR ~ C! TYJSECRETARY
- 6 -
FOR THE CITY OF SOUTH HOUSTON:
CITY SECRETARY
FOR THE CITY OF STAFF~
. x ~ CITY SECRETARY
FOR THE~ CITY OF TOMB~L:
1. .' ~ ~ ~.~ ~
DATE: .~4 ~ TM ~,./~' ""~Q /-'CITY ~C~TARY
FOR THE CITY OF WALLER:
MAYOR ~ . \ ATTEST: '- -- .
CITY ~E CCRFTTARY
FOR THE CITY OF WEBSTER:
CITY SEC~TARY' '
FOR THE CITY OF ~ST UNIVERSITY PLACE:
FO~ HARRIS COUNTY:
ATTEST:
COUNTY JUDGE COUNTY CLERK
DATEs DATE:
- 7 -
FOR THE CITY OF HOUSTON:
. ~/ ATTEST:
MAYOR ~ CITY SECRETARY
DATE: v DATE:
APPROVED:
DENNIS C. GA~NER V. E. ROGE
Senior Assistant City Attorney Fire Chief
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$ HOUSTON
J~ McCoNN, Mx¥O~t
Raymon R. Harrison, Sr
February 15, 1980
Chief Larry Steed
Pearland Fire Department
Box 185
Pearland, TX 77581
Dear Chief Steed:
A number of area fire departments have expressed an interest in formalizing
our mutual aid agreements as authorized by state law. I have asked our Legal
Department to prepare such an agreement and the necessary authorizing ordinance.
I would welcome your participation in the mutual aid agreement. I am advised
by our Legal Department that cities may participate upon authorization of their
city councils and non-city associated volunteer units may participate through
authorization from the Harris County Commissioner's Court. I am enclosing a
draft agreement for your review and comment. Please contact ~~?iffe
at telephone number 222-3780 if you are interested in participating~c.~s
agreement.
Very truly yours,
Rog,
Fire Chief
mc
Enclosure