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Home My WebLink AboutR-1986-36 . . RESOLUTION NO. 86-36 A RESOLUTION APPROVING THE MUTUAL AID AGREEMENT BETWEEN THE CITY OF LA PORTE, TEXAS AND THE CITY OF BAYTOWN, TEXAS. WHEREAS, the City of La Porte, Texas has seen a need for a Mutual Aid Agreement with the neighboring City of Bay town, Texas WHEREAS, emergency management personnel representing the City of La Porte recognize an immediate need for cooperation and communication as in a Mutual Aid Agreement between the two cities in order to protect the lives and property of the citizens of La Porte and Bay town. WHEREAS, the following is a Mutual Aid Agreement proposed between the City of La Porte and the City of Bay town ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: PASSED and APPROVED this the /~~day of ~. 1986. CITY OF LA PORTE By:~~:C-1~ ATTEST: BY: ~~ Cherie Black, City Secretary BY: v:;. APPROVED: Knox Askins, City Attorney "~. e e MUTUAL AID AGREEMENT BETWEEN THE CITY OF LA PORTE, TEXAS AND THE CITY OF BAYTOWN, TEXAS The Contracting parties solemnly agree: SECTION 1. PURPOSE The purpose of this agreement is to provide mutual aid for the City of La,P~rte and ~he Cit, of Baytow~, in meeting ~ny emergency or disaster from e~emy attack or other cause, natural or otherwise. Thi~ agre~m~nt is ~ade pursuant to the Interlocal Cooperation Act, Texas Revised Civil Statutes Article 4413 (32c), and Texas Reyised Civil Statutes, Article 6889-7, cC?mmonly referr~d to as the, Disaster Act of 1975. This agreemen,t recognizes ~~at t,he promp,t" ,fu,lland effective utilization of the resources. of , ~he, . respective cit~es, is essential to the safety, care and, welfare of the people th~reof in the event ,~f a major, em~rgency or di~aster. The Coordinators of. Emerg~ncy, Manage~~~t of ~oth, par:-ty cities shall, constitute a committ~~ to. formulate plans ,and take all necessary steps of the ,im~lementation of this agreement. Such planning shall inc~rporate the use of resources, including personnel, equipment, and supplies necessary to provide mutual aid. SECTION 2. RESPONSIBILITIES It shall be the duty of each pa~ty city to formulate emergency management plans and program~ for application within such city or coun~y. There, ~hall be frequent consultatio~ betwe~n the, ,r:-epresentat~~e.s . of, the cities an~ the free exchange of information and services. In carrying .." . e out such emergency management plans and programs, the party cities shall, so far as possible, provide and follow uniform standards, practices and rules and regulations including: (a) Warnings and signals for exercises or disasters and the mechanical devises 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 any other party city. (d) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic, prior, during and subsequent to exercises or disasters; (e) The safety of public meetings or gatherings. Each juris~ic~i~n, ~~ responsib~e !o~ t~~ c~ordination of all emergencies occurring within its city limits. Either pa,rty ,ci~y ,requested ~o, r,end,er~utual aid shall take su~h act~on ~s ,~~ n~cessa~y ~o ,p~~vide and.~~~~ avail~ble the reso~rc~s coye~e~ .b,Y, this agreem~nt. ,in, ,ac,c,~rdance with the ter~s, ~~reof.i ,p,~ovided ,t~at . ~~ . ~~, ,und,erstood, ~~at the. ~ity ren~~rin~, aid .m.a,y ,with,h,o,ld ,res.~urc,e.s ,to the e,xtent necessary to provid~ ~~~son~~~e~~o~~ctiot:J r~!', ,s.u,c,~ c,i,ty. ",E~ch pa,rty city ~hile ope~~~~ng ~ithin the. rec,ei,vin,g. cit,y limits, under the t,er~.s, ,and c<?~~iti.~~s ~f ~~i~, a~r,~em~,n,t, shall h~ve, t~e same p~~er~, d~~ies, rights, priyilegesand im~unities as ~f they were perf~~~ing, the,ir d,u,t.~e,s, .il? t~~__ ~i:ty, in which, :t~~y ar~ .~or~~lly. ,~~ployed or rend~r~ng s~rvices. Em~rgencY management forces will continue under the command and control ..' . . . ! ' ,. . '" management forces of that city and the representat i ves of deceased members of such forces in case such members sustain i~juries or are killed while rendering aid pursuant to this agreement, in the same manner and on the, sa~e ~erms as if the injury or death were sustained within such city. SECTION 6. FINANCE Either party city rendering aid in the other city pursuant to this agreement shall be reimbursed by the party city recei v ing such a id for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost incurred in connection with such requests; provided, that the aiding party city may assume in whole or in part such loss damage expense, or other costs. Straight-time salaries and wages are to be paid by the sending city while overtime is to be paid by the receiving city. As much as possible, notice is to be given to the receiving city prio~ to incurring overtime. SECTION 7. SEVERABILITY This agreement shall continue in force and remain bin~in~ on each par~y cit~ a~d ,c,ou~ty ,un~~l t~e, .C,it,y, ,Counci~ of s~~~ party city takes action to with~ra~ the~efr~m. Su~h, ~ctio~ shall, not be ef~ectJv,e. u.n.t.il 90 ~~y~, aft~r, ':lo~~c~ ther,eof ~a~ been s~n~ ~y ,the .Eme,r,gen,c,yMana,gemen,t Dire~tor, of tl:1e, p~rty city. .des,i,ring, to withdraw to the Emergency Management Director of the other party city. This .agreemen~ ,s,hall be .c,on,strued to e~fe~~1.J~~~ the purpos~ stated in Section 1, hereof. . ~f any provls~on of this agreement. is, ~e~l~~~d u!lcons~~ t1.Jti<?~al, o~ the, app,l ica,bil i ty thereof to, any per,sons ~r circ~m~ta':lces ~s ~el,d ,i~vali~" the constitutionality of the remainder of the agreement and the . .~ . e . ,. ; .. applicability thereof to other persons and circumstances shall not be affected thereby. SECTION 8. APPLICABILITY This agreement shall become operative immediately upon its approval by both cities. Duly authenticated copies of this agreement and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party cities and wit~ the Division of Emergency Management and other appropriate agencies of the State of Texas. This agreement shall become binding and obligatory when it shall have been signed by the Mayor of the respective cities enumerated in this agreeme~t; when it shall have been approved by the City Council of each city. !l/hJ/~41~ Mayor ~6u,~~ ~ May r City of La Porte, Texas City of Bay town, Texas .. , I:1ate )J-- /1- t~ Date ~ - / 2.. - rP ? , '=' /' ATTEST' /.,:"", . ,.~..:;..-; ''- ;, ATTEST: , " ~~J:' ",' ~. - 2-4~ A#~ i .- ;;. ~.',; ~u CITY SECRETARY CITY SECRETARY