HomeMy WebLinkAboutR-1986-42
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RESOLUTION NO. 86-42
A RESOLUTION APPROVING THE MUTUAL AID AGREEMENT BETWEEN THE
CITY OF LA PORTE, TEXAS AND THE CITY OF SEABROOK, TEXAS.
WHEREAS, the City of La Porte, Texas has seen
a need for a Mutual Aid Agreement with the neighboring City
of Seabrook, 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 citize~s of La Porte and Seabrook.
WHEREAS, the following is a Mutual Aid
Agreement proposed between the City of La Porte and the
City of Seabrook.
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: ~~~~
orman Malone, Mayor
ATTEST:
BY:
~~
Cherie Black, City Secretary
:::ROV&;uJ ~
Knox Askins, City Attorney
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EVEL YN H. PURSWELL
CITY SECRETARY
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P.O. BOX 539
SEABROOK, TEXAS 77586
PHONE 474.3201
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MUTUAL AID AGREEMENT
BETWEEN THE CITY OF LA PORTE, TEXAS
AND THE CITY OF SEABROOK, 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 Seabrook, 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 Civil Statutes
Article 4413 (32c), and Texas Revised 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 welfa re of the people
thereof in the event of a major emergency or disaster. The
Coordinators of Emergency Management of both pa~ty cities
shall constitute a committee to formulate plans and take all
necessary steps of the. ,i,mp'l,ementatio~ of this ag,reement.
Such., .pl,an~ing shall. ,i~.c.o,r.p,orate the use ot:,. r~~o~rces,
inclu~ing person~el, equipment, and supplies necessary to
provide mutual aid.
SECTION 2. RESPONSIBILITIES
It shall be the dut.y ,of each, p~~ty, ,cit.~ , to , ~ormulat~
emergenc'y mana~e~en~, p~~n~. and pr!=>~ram~ for, ~ppl~ca~ion
within such cit~ or ~o~~~y~,.. There ~h~ll b~ f~~quent
consul t~tion be,twe~n the,. repr~sent~t~ ~e~ . of, the ~i ties an~
the free exchange of information and services. In carrying
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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 ma~erials ~r equipm~~t_ ~~ed or
to be used for emergency ~ana~ement purposes to
assure that such materials and equipment will
be easily and freely interchangeable when used
in or by any, ot~er party ci~y.
(d) The conduct of civilians and the movement and
. . . .. .
~~ss~~ion of_mov~me~t ~f p~dest~ia~s a~d,
vehiC?ul~r, t~affi~ _', p.ri~~_,. during and subsequent
to exercises o~ disasters;
(e) The safety of public meetings or, gatherings.
Each juris~ic~i~n i~ r~sponsible for the coordination of all
emergencies occurring within its city limits.
Either party city requested to, rende_r mutual aid shall take
such action as is ne_cessary ~o ,provide and ~ake available the
reso~rces ~oyet:'ed by ,this agreement in accordance with the
terms hereof; provided t~at . it is, understood that the city
renderin~ aid may wit~hold resour~es 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, sh:all have the
same power~, duties, rights, privileges and immunities as if
they were perfo~ming ~heir d,u_t~es i~ t~e, _city, in which the)'
are normally emp~oyed or rend~ring services. Eme~gency
management forces will continue under the command and control
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of their regular leaders, but the organizational units will
come under the operational control of the emergency
mana~ement authorities of the ci~y receiving, ~ssi~tance.
The commanding officer of party city, 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 requ~~~ing ,ci~y, a~~~r app~oval by
the Chief Executive. The request is to be made through the
Emergenc~ ~perating C~n~et:' (EOC.>,~f the, s~nd in~ ~i ty, if' it
is in operati.on, ,ot~er~~se t,hrou~h ~he poli~~ dep~rt~en~.
During any emer~~~c;f, bo~~, ,c~ ~ies shall, ~e~p ~he ot~e,r
informed, ,wi th fr~que~t up-dates ~ ,o~ d~~a~l~, of si tuat,ion~
that affe~~, the oth~~. The Texas Depa~~m~nt of Publi~
Safety, HC?uston ~ff,ice-", is to be notified immediately
whenever mutual aid is invoked.
SECTION 5.
COMPENSATION
Each party clt~ s~a~l ~rov~d~ !~r th~ ,~~~me~t of ~omp~~s~~i~n
and death benefits to injured members of the emergency
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management forces of that city 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 .~~ the party city
re~ei v ing such aid. for a,ny loss <?r d,amage ,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 suc~ loss da~a~e,e~pense, or ~ther
costs. Straight-time salaries and ~ages are t,o be paid by
the sending city while overtime is to be paid by the
receiving city. As ~uc~ as possib~e, ,n~ti~e~s to be given
to the receiving city prior to incurring overtime.
SECTION 7.
SEVERABILITY
This agreement shall ~o~tinue in force and remain bin~ing on
each party city and county until the City Counci~ of such
party city takes action to withdraw theref~~m.. Such action
shall,not ~e effectiv~ until 90 ~ays afte~,~o~ic~ the~eo~ ha~
been sent by ,the ,Emergen,cy Mana.gement Director 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 purpos~
stated in Section 1, hereof. If any provlsl~n of this
agreement is declar~d unconstitu~ional, or the, applicability
thereof to any persons or circum~ta~ces us ~eld invalid, the
constitutionality of the remainder of the agreement and the
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applic~~ility t~~r~~f ~o 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 with 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 ~gr~~me~tj when it shall have been
approved by the City Council of each city.
!f:m~~~
Ma or
.../~~
Mayor
City of La Porte, Texas
City of Seabrook, Texas
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Date
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:ATTEST: -'''<~-
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City Secretary
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OFUGB\!/\t~
RESOLUTION NO. 87-07
A RESOLUTION APPROVING THE MUTUAL AID AGREEMENT BETWEEN THE
CITY OF SEABROOK, TEXAS AND THE CITY OF LA PORTE, TEXAS.
WHEREAS, the City of Seabrook, Texas has seen a need
for a Mutual Aid Agreement with the neighboring City of La Porte,
Texas; and
WHEREAS, emergency management personnel representing
the City of Seabrook 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 Seabrook and La Porte; and
WHEREAS, the following document labled as Attachment A
to this re'solution is a Mutual Aid Agreement proposed between
the City of Seabrook and the City of La Porte; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEABROOK, TEXAS:
THAT, this Mutual Aid Agreement be accepted.
!f~
PASSED AND
,1987.
APPROVED
THIS
2,L
DAY
OF
/ ~<l/~
HELMUT A. KUEHNEL, MAYOR
ATTEST:
~~~
EVELYN PURSWELL, CITY SECRETARY