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HomeMy WebLinkAboutR-1986-43 . . 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 ~ ~/ N rman al ne, Ma or BY: ATTEST: BY: ~~ Cherie Black, City Secretary :::ROV~Jd~ Knox Askins, City Attorney I., ., " .~I ' e '.0 CITY OF SHOREACRES ..e .,.onF _c:n'. "nu\,lt.v""1) l't'D"r.Ar.nr,!'I, 'Ir...~ "." ""I UI.UU 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: " 'b.~:':- ';>~ .. ~ ~ ~- , ..; - " . - DATE: 8-8-88 RESOT.UrrON NO. 88-8 PAr:F: 1 OF e . RESOLUTION NO. 86-43 I" 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 ,. APPROVED: BY: , r .. --'; ., . e e 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 r------ --- --.- ; . . 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 .. , . . 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. , SECTION 5. COMPENSATION Each party city shall provide for the payment of compensation and death benefits to injured members of the emergency . . ~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