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Home My WebLink AboutR-1986-39 . . RESOLUTION NO. 86-39 A RESOLUTION APPROVING THE MUTUAL AID AGREEMENT BETWEEN THE CITY OF LA PORTE, TEXAS AND THE CITY OF MORGANS POINT, TEXAS. WHEREAS, the City of La Porte, Texas has seen a need for a Mutual Aid Agreement with the neighboring City of Morgans Point, 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 Morgans Point. WHEREAS, the following is a Mutual Aid Agreement proposed between the City of La Porte and the City of Morgans Point. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: PASSED and APPROVED this the /5~ day of ~ 1986. CITY OF LA PORTE BY: Jfffio/~~~~-- Norman Malone, ayor ATTEST: BY: ~~ Cherie Black, City Secretary APPROVED: " BY: Knox Askins, City Attorney . e RESOLt1l'ION NO. 87-01 A RESOLl1rION APPROVING THE MUTUAL AID AGREEMENT BETWEEN THE CITY OF MORGAN'S POINT, TEXAS AND THE CITY OF LA PORTE, TEXAS. WHEREAS, the City of Morgan's Point, Texas has seen a need for a Mutual Aid Agreement with the neighboring City of La Porte, Texas. WHEREAS, emergency management personnel representing the City of Morgan's Point 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 Morgan's Point and La Porte. WHEREAS, the following is a Mutual Aid Agreement proposed between the City of Morgan's Point and the ,City of La Porte. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MORGAN'S POINT, TEXAS: PASSED and APPROVED this the ~ 1/ - day of 0n~...L. 1987. ~~Jtf;~- City of Morgan's Point, Texas ATTEST: APPROVED: ~L!2 . er, City Attorney It e MUTUAL AID AGREEMENT BETWEEN THE CITY OF LA PORTE, TEXAS AND THE CITY OF MORGANS POINT, TEXAS The Contracting parties solemnly agree: SECTION 1. PURPOSE The purpose of this agreement is to provide mutual aid for the City of La Porte and the City of Morgans Point, in meeting any emergency or disaster from enemy attack or other cause, natural or otherwise. This agreement is made pursuant to the Interlocal Cooperation Act, Texas Revised Ci v il Statutes Article 4413 (32c), and Texas Rev ised Civil Statutes, Article 6889-7, commonly referred to as the Disaster Act of 1975. This agreement recognizes that the prompt, full and effective utilization of the resources of the respective cities is essential to the safety, care and welfare of the people thereof in the event of a major emergency or disaster. The Coordinators of Emergency Management of both party cities shall constitute a committee to formulate plans and take all necessary steps of the implementat ion of this agreement. Such pl,ann ine;, ' shall incorporate the use of res~urces, in~luding per~onnel, equipment, and supplies necessary to provide mutual aid. SECTION 2. RESPONSIBILITIES It shall be the duty of each party ~ity to formulate emergency management plans and program~ for ~pplication within such city or county. There shall be frequent 'consul tation between the ,representat~ ves of, the cities and 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 jurisdiction is responsible for the coordination of all emergencies occurring within its city limits. Either party city requested to render mutual aid 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 that it is understood that the city rendering aid may withhold resources to the extent necessary to provide reasonable protection for such city. Each party city while operating within the receiving city limits under the terms and conditions of this agreement, shall have the same powers, duties, rights, privileges and immunities as if they were performing their duties in the city in which they are normally employed or rendering services. Emergency management forces will continue under the command and control "; e e of their regular leaders, but th~ organizational units will come under the operational control of the emergency management authorities of the city receiving assistance. The commanding officer of party ci ty, rendering aid shall have the right to withdraw men and equipment from an unsafe situation or incident as they deem necessary. Authorities and other benefits of this contract shall only be in effect after official requests have been made. SECTION 3. LIABILITY Neither party city nor its officers nor employees rendering aid in another city pursuant to this agreement shall be liable on account of any act or omission in good faith on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith. SECTION 4. PROCEDURES Requests for aid are to be made through the Emergency Management Office of the requesting city, after app~oval by the Chief Executive. The request is to be made through the Emergency Operating Center (EOC) of the sending city, if it is in operation, otherwise through ~he police department. During any emergency both ci~ies shall ke~p ~he ot~er informed, ,with frequent up-dates, on de~ails of situations that affect the other. The Texas Departm~nt of Public Safety, Houston Office, is to be notified immediately whenever mutual aid is invoked. SECTION 5. COMPENSATION Each party city shall provide for the payme~t of compensation and death benefits to injured members of the emergency .. e e management forces of that c.i ty ,and the representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this agreement, in the same manner and on the same terms 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 J 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 prior to incurring overtime. SECTION 1. SEVERABILITY This agreement shall continue in force and remain bindin~ on each party city and county until the, City Council of such party city takes action to withdraw therefrom. Such action shall not be effective until 90 days after notice thereo~ has been sent by the Emergency Management Dire~tor of the party city desiring to withdraw to the Emergency Management Director of the other party city. This agreement shall be construed to effectuate the purpose stated in Section 1, hereof. If any provision of this agreement is declared unconstitutional, or the applicability thereof to any persons or circumstances us held invalid, the constitutionality of the remainder of the agreement and the e 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 c~pies ~f,thi~ agreement a'.ld of such supplementary. agreements, ,as ~ay be entered into shall, at ~~~ ,t~~e, ~f ,,~heir approv~l" ~e deposit~d with each of the party cities and wit~ the Div1sio~ 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 a~reeme~t; when {t shall have been approved by the City Council of each city. ~~A?~-( Mayor ~-9tG;#~- Mayor City of La Porte, Tx. City of Morgans Point, Tx. Date /:;; - /5""-J (, Date 3-)/_-37 ATTEST: , /J /J ' .J /J . _~~C- City Sec reta ry - ~~JfiJ ity Secretary