HomeMy WebLinkAboutR-1986-43
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RESOLUTION NO. 86-43
A RESOLUTION APPROVING THE MUTUAL AID AGREEMENT BETWEEN THE
CITY OF LA PORTE, TEXAS AND THE CITY OF SHOREACRES, TEXAS.
WHEREAS, the City of La Porte, Texas has seen
a need for a Mutual Aid Agreement with the neighboring City
of Shoreacres, 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
Shoreacres.
WHEREAS, the following is a Mutual Aid
Agreement proposed between the City of La Porte and the
City of Shoreacres.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
PASSED and APPROVED this the
/sa day of
~,
1986.
CITY OF LA PORTE
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N rman al ne, Ma or
BY:
ATTEST:
BY:
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Cherie Black, City Secretary
:::ROV~Jd~
Knox Askins, City Attorney
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CITY OF SHOREACRES
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RESOLUTION NO. 88-8
A RESOLUTION APPROVING THE MUTUAL AID AGREEMENT BETWEEN THE CITY OF
SHOREACRES, TEXAS, AND THE CITY OF LA PORTE, TEXAS.
WHEREAS, the City of Shoreacres, 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 Shoreacres recognize an immediate need for cooperation and communi-
cation as in a Mutual Aid Agreement between the two cities in order
to protect the lives and property of the citizens of Shoreacres and
La Porte.
WHEREAS, the following is a Mutual Aid Agreement proposed between
the City of Shoreacres and the City of La Porte.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHOREACRES, TEXAS:
1. The City Council of the City of Shoreacres approves the
Mutual Aid Agreement between the City of Shoreacres and the City of
La Porte.
PASSED AND APPROVED THIS THE 8th day of August, 1988.
ATTEST:
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DATE:
8-8-88
RESOT.UrrON NO. 88-8
PAr:F: 1
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RESOLUTION NO. 86-43
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A RESOLUTION APPROVING THE MUTUAL AID AGREEMENT BETWEEN THE
CITY OF LA PORTE, TEXAS AND THE CITY OF SHOREACRES, TEXAS.
WHEREAS, the City of La Porte, Texas has seen
a need for a Mutual Aid Agreement with the neighboring City
of Shoreacres, 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
Shoreacres.
WHEREAS, the following is a Mutual Aid
Agreement proposed between the City of La Porte and the
City of Shoreacres.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
PASSED and APPROVED this the
/sOv day of
12eU/11J"f.A./
1986.
CITY OF LA PORTE
BY:
ATTEST:
ill' -
L t ). cJ
)
BY:
a~Jt~~
Cherie Black, City Secretary
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APPROVED:
BY:
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MUTUAL AID AGREEMENT
BETWEEN THE CITY OF LA PORTE, TEXAS
AND THE CITY OF SHOREACRES, 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 Shoreac res, 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
6889-1, commonly referred to as the Disaster Act of 1975.
This agreement recognizes that the prompt, full and effective
ut~lization 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
Coord inators of Erne rgency Managemen t of both pa rty c it ie s
shall constitute a committee to formulate plans and take all
necessary st~ps of the implementation of this agreement.
Such planning shall incorporate the use of resources,
in~luding personnel, equipment, and supplies n~essary to
provide mutual aid.
SECTION 2. RESPONSIBILITIES
It shall be the duty of each party city
emergency management plans and programs for
within such city or county. There shall
consultation be,tween the representatives of the
the free exchange of information and services.
to formulate
application
be frequent
cities and
In carrying
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out such emergency management plans and programs, the pa rty
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 a~l
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
s~c~ act10~ as is necessary to provide and make available the
reso~rces coyere~ b,y this agreement in ,accordance wi th the
terms_ h~reof.; pr:ovi,ded that ~~ is understood that the ~ity
render~n~ aid ,m,ay with,hold resources to the extent necessary
to provide ~~a~onab~e protection for such city. Each party
city ~hi~e ope~~ting within the ,receiving city limits under
th~_ t,e,rms _an~ ,c<?nditi,o~s ~f this agreement, shall have the
same po~er~, _d~~iesJ rights, priyileges and immunities as if
they ,~e,re perf<?r:-~ir:tg their dut~esin the, city, in which they
are normally ,e~ployed or rendering services. Emergency
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
management authorities of the city receiving assistance.
The command ing officer of pa rty city, rende ring a id 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 ci ty 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 1\.
PROCEDURES
Requests for ~id are to be made through the Emergency
Management Office of the req~esting ci ty, after approval by
the Chief Executive. The request is to be made through the
Emergency Operating Center (EOC) of the sending city, if j,t
is in operation, otherwise through the pol ice department.
During any emergency both cities shall keep the other
informed, with frequen t up-da tes, on deta ils of si tua t ions
that affect the other. The Texas Department of Public
Safety, Houston Office, is to be notified immediately
whenever mutual aid is invoked.
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SECTION 5.
COMPENSATION
Each party city shall provide for the payment of compensation
and death benefits to injured members of the emergency
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~anagement forces of that city and the representatives of
deceased members of such forces in case such ~embers 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
receiving such aid 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. Stra ight-t ime sal a ries and wages are to,be pa id 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 ~greement shall continue in force and remain binding on
each, party ci~~ and county until the City Council of such
party city takes action to withdraw therefrom. Such action
shall not be effectiv~ until 90 days after notice thereof has
been sent by the Emergency Management Director of the party
city desiring to withdraw to the Emergency Management
Director of the other party city.
This ,agreeme~t shall be construed to effectuate the purpose
s~ated in Section 1, h~reof. If any provIsIon of thi~
agreement, is de~lared unconstit~tional, o~ the applicability
thereof to any persons or circu~stances us ~eld _invalid, the
constitutionality of the remainder of the agreement and the