HomeMy WebLinkAboutO-1995-2042
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ORDINANCE NO. 95- 2042
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND HARRIS COUNTY, FOR THE CITY OF LA PORTE TO
PROVIDE FIRE PROTECTION IN UNINCORPORATED AREAS OF HARRIS COUNTY;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents. Harris County will pay the City of La Porte $3,335.00
for the term March 1, 1995, through March 31, 1996.
section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the city Hall of the
ci ty f.or the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
civil Statutes Annotated: and that this meeting has been open to
the public as required by law at all times during which this
ordinance and the subj ect matter thereof has been discussed,
considered and formally acted upon. The city Council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
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ORDINANCE NO. 95- 2042
PAGE 2
section 3. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
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PASSED AND APPROVED, this ~h day of~ 1995.
CITY OF LA PORTE
By:
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N rman L. Malo ,
Mayor
ATTEST:
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Sue Lenes,
City Secretary
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A G R E E MEN T
THE STATE OF TEXAS ~
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COUNTY OF HARRIS ~
THIS AGREEMENT, made and entered into by and between HARRIS
COUNTY, a body corporate and politic under the laws of the State of
Texas, hereinafter sometimes called II County, II acting herein by and
through its County Judge duly authorized to so act by an Order of
the Harris County Commissioners Court, and the City of LaPorte, a
municipal corporation duly organized and existing under the laws of
the State of Texas, hereinafter sometimes called IICity, II acting
herein by and through its Mayor duly authorized to so act by an
Ordinance duly passed by the City,
WIT N E SSE T H:
WHEREAS, Harris County desires to provide fire fighting and
fire protection services to certain unincorporated areas of Harris
County hereinafter designated to preserve the property of the County
and to preserve and protect the public health of the citizens of the
County; and
WHEREAS, the City is willing to furnish fire fighting and fire
protection services to said unincorporated areas of Harris County
for the considerations hereinafter provided;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in
consideration of the mutual covenants, agreements, and benefits to
both parties, it is AGREED as follows:
I.
During the term of this agreement, the City agrees to furnish
fire fighting and fire department protection services to the
unincorporated areas adjoining the corporate limits of this City
designated by Zone Numbers 33 and 34 on the official fire protection
zone map of Harris County, to which reference is here made.
II.
Harris County agrees to pay the sum of Three Thousand Three
Hundred Thirty-Five and NO/100 Dollars ($3,335.00) to the City for
fire fighting and fire protection services to the unincorporated
a~ea Qf Harris County designated in Paragraph I of this agreement.
Th~ C~nty agrees that said sum is to be paid to the City within
~~::lr~~'. (30) days after the execution of this contract.
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III.
The term of this agreement shall be for thirteen (13) months
beginning March 1, 1995, and ending March 31, 1996.
IV.
It is hereby agreed and understood that the fire fighting and
fire protection services to be furnished by the City under this
agreement shall include, but not be limited to, the following:
Answering all calls for help and assistance in extinguishing fires
in the area designated in Paragraph I of this agreement; furnishing
fire fighting personnel, equipment, and supplies to fight all fires
within the said area; and answering all calls and furnishing fire
fighting personnel, equipment and supplies to protect persons and
property within the said area which are endangered by fires in
adjacent areas; provided that the above described personnel,
equipment and supplies are not otherwise engaged in fire fighting
within the City.
V.
The City shall observe and comply with all federal, state, and
local 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.
VI.
It is expressly understood that the County has the maximum sum
of Three Thousand Three Hundred Thirty-Five and NO/lOO Dollars
($3,335.00) specifically allocated to fully discharge its
obligations under this agreement and it is expressly unaerstood that
in no event shall the County be obligated to pay the City more than
the sum of Three Thousand Three Hundred Thirty-Five and NO/lOa
Dollars ($3,335.00) under the terms and provisions of the agreement.
VII.
It is further agreed that in the performance of all obligations
undertaken by this agreement, the City has the right to supervise,
manage, control and direct the performance of fire fighting and fire
protection services; the County shall look to the City for results
only and the County shall have no right at any time to direct or
supervise the City or its agents or employees in the performance of
such services or as to the manner, means or method in which the
services are performed.
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VIII.
The City agrees to
a certified copy of the
Agreement within five
agreement.
deliver to the Fire Marshal of Harris County
Ordinance authorizing the City to enter this
(5) days after the execution of this
IX.
The City agrees to furnish the Fire Marshal of Harris County,
not later than the fifth (5th) day of each month, a monthly report
listing the total number of runs made into the area of Harris County
designated in Paragraph I of this agreement for the previous month
and such other information relating to fire fighting and fire
prevention services of the City as may be requested by the Fire
Marshal of Harris County. Said report shall be made on the form
provided by the Harris County Fire Marshal and shall be signed and
certified by an officer of the City.
X.
The City covenants and agrees that it will, at its own expense,
maintain at all times during the term of this Agreement, a liability
insurance policy naming the City as an insured and the County as an
additional insured, covering injuries arising out of or in
connection with the performance of the services herein provided for,
with coverage of not less, than One Hundred Thousand and NO/100
Dollars ($100,000.00) for injuries to anyone person and not less
than Three Hundred Thousand and NO/100 Dollars ($300,000.00) for
injuries to more than one person in anyone accident or occurrence,
and not less than One Hundred Thousand and NO/lOO Dollars
($100,000.00) for any single occurrence for injury to or destruction
of property, or in the amount of the County's maximum limitations of
liability under the Texas Tort Claims Act, as amended, whichever is
greater. Such liability insurance policy shall include coverage for
all apparatus and/or premises made available to the City by County
in performing its fire fighting obligations as well as any fire
fighting and fire protection services provided for herein. Further,
the City agrees to provide to County a certificate of insurance
evidencing the same within fifteen (15) days after the execution of
this Agreement. Said certificate of insurance shall be mailed to:
Harris County Commissioners Court
1001 Preston, 9th Floor
Houston, Texas 77002
Attention: Clerk
A copy of such certificate of insurance shall also be provided to
the address listed below within fifteen (15) days after execution of
this Agreement:
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Harris County Fire Marshal
480 N. Sam Houston Parkway
Houston, Texas 77060
Attention: Leslie Deen
Fire Department t s failure to timely provide such certificate of
insurance shall be considered a breach of this Agreement thereby
permitting the Fire Marshal to immediately terminate same without
any further notice.
XI.
If either party hereto refuses or fails to timely perform any
one or more of the undertakings and obligations which are to be
performed hereunder, then and in that event, the other party hereto
shall have the right to terminate this Agreement upon ten (10) days
written notice to the defaulting party. Within ten (10) days after
receipt of such notice of termination, the City shall refund to
County an amount equal to 1/12th of the sum set forth in Paragraph
II above, times the number of full calendar months remaining under
the term of this Agreement after such termination date.
XII.
Any notice required or permitted to be given by County to the
City hereunder may be given by certified or registered United States
Mail, postage prepaid, return receipt requested, and addressed to:
LaPorte Volunteer Fire Department
P.o. Box 1115
LaPorte, Texas 77572-1l15
Any notice required or permitted to be given by the City to
County hereunder may be given by certified or registered United
States Mail, postage or fee prepaid, return receipt requested
addressed to:
Harris County
1001 Preston, 9th Floor
Houston, Texas 77002
Attention: County Judge
Any notice shall be considered given and complete upon deposit in
the United States Mail as aforesaid.
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XIII.
This instrument constitutes the entire agreement between the
parties hereto and supersedes any and all agreements previously
entered into by these same parties pertaining to fire fighting
services insofar as it covers the term above specified.
EXECUTED this the .:l.~ day of J/7/f'(ch..
, 19 ?S.
APPROVED AS TO FORM:
MIKE DRISCOLL
County Attorney
HARRIS COUNTY
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By /, ~r :.-:?U.<-~~
MARiLYN . ES
Assista't County Attorney
By LJ<d~
RO~KELS, County Judge
ATTEST:
CITY OF LAPORTE
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Secretary
By ~i7-rt.4~I~A~(
Mayo
CERTIFICATION OF FUNDS
I hereby certify that funds are available in the amount of
Three Thousand Three Hundred Thirty-Five and No/IOO Dollars
($3,335.00) to pay the obligation of Harris County under and within
the foregoing contract.
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( ~ MY J. TOMPKINS "
County Auditor
Harris County, Texas
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NO.
34298
CITY OF LA PORTE
P.O. BOX 1115 · LA PORTE, TEXAS 77572-1115 · 713/471-5020
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CITY OF LAPORTE
HOLD FIRE
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INVOICE
NUMBER
RP116951
COUNTY OF HARRIS
HARRIS COUNTY ADMINISTRATION BLDG.
1001 PRESTON HOUSTON, TEXAS 77002
GROSS DISCOUNT NET
AMOUNT AMOUNT AMOUNT
3y335.00 9
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No.
CALL (713) 755-6573 WITH QUESTIONS REGARDING THIS REMITTANCE
DETACH THIS STATMENT BEFORE DEPOSITING CHECK
001221900
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