HomeMy WebLinkAboutO-1993-1884
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ORDINANCE NO. 93- 1884
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE
CITY OF LA PORTE AND PORT OF HOUSTON AUTHORITY, FOR PROVISION OF
FIRE SUPPRESSION SERVICES BY THE CITY OF LA PORTE TO THE PORT OF
HOUSTON AUTHORITY; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes
the contract, agreement or other undertaking described in the
title of this ordinance, in substantially the form as shown in
the document which is attached hereto and incorporated herein by
this reference. The City Manager is hereby authorized to execute
such document and all related documents on behalf of the City of
La Porte. The city Secretary is hereby authorized to attest to
all such signatures and to affix the seal of the City to all such
documents.
Section 2.
The City Council officially finds, determines,
recites and declares that a sufficient written notice of the
date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall
of the City for the time required by law preceding this meeting,
as required by the Open Meetings Law, Article 6252-17, Texas
Revised Civil Statutes Annotated; and that this meeting has been
open to the public as required by law at all times during which
this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
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ORDINANCE NO. 93- 1884
paqe 2
section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 25th day of January, 1993.
CITY OF LA PORTE
BY~~
Mayor
ATTEST:
c~~
City Secretary
bZ:~
Knox W. Askins
City Attorney
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CONTRACT
THE STATE OF TEXAS
COUNTY OF HARRIS
This Agreement made and entered into by and between the CITY
OF LA PORTE, a municipal corporation of Harris County, Texas,
hereinafter referred to as "LA PORTE" and the PORT OF HOUSTON
AUTHORITY, a body politic of Harris County, Texas, hereinafter
referred to as "PORT",
WIT N ESE T H:
WHEREAS, PORT is in need of certain governmental services for
the benefit of the people and property at its Barbour's Cut
Terminal; and
WHEREAS, LA PORTE is able and willing
governmental services to PORT, upon the terms,
covenants herein contained:
NOW, THEREFORE, pursuant to the authority granted by the
Interlocal Cooperation Act (Article 4413(32c), V.A.T.S.), and in
consideration of the mutual covenants, agreements, and benefits to
both parties, it is hereby agreed as follows:
to provide
conditions,
said
and
A. GENERAL PROVISIONS
I.
For and during the year beginning on the 1st day of January
1993, and ending on the 31st day of December 1995, LA PORTE agrees
to furnish to PORT, the fire suppression services hereinafter more
specifically described. This agreement shall remain in effect
after December 31, 1995, until cancelled by either party hereto
giving ninety (90) days written notice to the other party hereto.
II.
For and in consideration of the governmental services to be
provided by LA PORTE to PORT, PORT agrees to pay LA PORTE the
monthly sum of Six Hundred Dollars, $600.00. Such charges to be
paid in full by PORT to LA PORTE, on or before the tenth day of the
month following the month in which such services were rendered.
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III.
LA PORTE will not be liable for loss or damage to person or
property arising from or caused by or resulting from alleged
negligence of LA PORTE, its officers, employees, or volunteers, in
carrying out this contract. PORT agrees to release, and save and
hold LA PORTE harmless, from any such claim for loss or damage by
itself, or by any person, firm, corporation, or association, in
connection with this contract. PORT further agrees to reimburse
CITY the fair market value of any of CITX'S equipment damaged or
destroyed while engaged in fire suppression services in behalf of
PORT hereunder.
IV.
PORT shall provide primary fire suppression service. LA PORTE
agrees to provide secondary fire suppression services for real and
personal property situated within PORT'S Barbour's Cut Terminal,
(but not including on-board vessel fires), for the term of this
agreement, upon the terms and conditions herein contained, when, in
the judgment of PORT employees, such service is necessary to deal
with a specific emergency.
V.
Sole discretion will rest with the LA PORTE Fire Chief, or his
duly authorized assistants, as to the personnel and equipment that
will answer each fire alarm, provided that protection will be
adequate (meaning reasonable protection, considering available
personnel and equipment of LA PORTE'S Fire Department), and sending
of personnel and equipment to protect property within PORT will be
subordinate to requests for, and rendering of, fire protection
within LA PORTE.
VI.
PORT agrees to authorize LA PORTE duly authorized officers the
right to inspect property within PORT'S Barbour's Cut Terminal.
VII.
This Contract shall become effective at 12 am Central Time, on
the 1st day of January 1993, and shall remain if 'full force and
effect until the 31st day of December 1995, unless otherwise
cancelled as provided in Paragraph I above. This contract is
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entered into subject to the Charter and Ordinances of the city of
La Porte, and all applicable state and Federal Laws.
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EXECUTED IN DUPLICATE ORIGINALS, as of this the 1st day of
January, 1993.
CITY OF LA PORTE
BY:
Robert T. Herrera, city Manager
ATTEST:
BY:
City Secretary
PORT OF HOUSTON AUTHORITY
BY:
ATTEST:
BY: