HomeMy WebLinkAboutO-1993-1909
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ORDINANCE NO. 93- 1909
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE
CITY OF LA PORTE AND HARRIS COUNTY, FOR FIRE FIGHTING AND FIRE
PROTECTION SERVICES; 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-l909
Page 2
section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 24th day of May, 1993.
CITY OF LA PORTE
BY~~..~~
.rman L." Ma on
Mayor
ATTEST:
~
Sue Lenes
City Secretary
A~:~
Knox . ~
City Attorney
n5LC"'U1CLlL 114 tCity Contr.)
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A G R E E MEN T
THE STATE OF TEXAS S
S
COUNTY OF HARRIS S
THIS AGREEMENT, made and entered into by and between HARRIS
COUNTY, a body corporate and politic under the laws of the State of
Texas, hereinafter sometimes called "County," acting herein by and
through its County Judge duly authorized to so act by an Order of
the Harris County Commissioners Court, and the City of
LaPorte' , a municipal corporation duly organized and existing
under the laws of'the State of Texas, hereinafter sometimes called
"City," acting herein by and through its Mayor duly authorized to so
act by an Ordinance duly passed by the city.
WIT N E SSE T H:
WHEREAS, Harris County desires to provide fire fighting and
fire protection services to certain unincorporated areas of Harris
County hereinafter designated to preserve the property of the County
and to preserve and protect the public health of the citizens of the
County; and
WHEREAS, the City is willing to furnish fire fighting and fire
protection services to said unincorporated areas of Harris County
for the considerations hereinafter provided;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in
consideration of the mutual covenants, agreements and benefits to
both parties, it is AGREED as follows:
I.
During the term of this agreement, the City agrees to furnish
fire fighting and fire department protection serV1ces to the
unincorporated areas adjoining the corporate limits of this City
designated by Zone. Number 34 on the official fire protection
zone map of Harris County, to which reference is here made.
II.
Harr is County agrees to pay the sum of $ 7,100.00 to the
City for fire fighting and fire protection services to the
unincorporated area of Harris County designated in Paragraph I of
this agreement. The County agrees that said sum is to be paid to
the City within thirty (30) days after the execution of this
contract.
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III.
The term of this agreement shall be one
Januarv 1. '" , 19~, and ending December 31,
(1) year beginning
, 19--..21..
IV.
It is hereby agreed and understood that the fire fighting and
f ire protection services to be furnished by the ci ty under this
agreement shall include, but not be limited to, the following:
Answering all calls for help and assistance in extinguishing fires
in the area designated in Paragraph I of this agreement; furnishing
fire fighting personnel, equipment, and supplies to fight all fires
within the said area; and answering all calls and furnishing fire
fighting personnel, equipment and supplies to protect persons and
property within the said area which are endangered by fires in
adjacent areas; provided that the above described personnel,
equipment and supplies are not otherwise engaged in fire fighting
within the city.
V.
The City shall observe and comply. with all Federal, state,'
County, and ci ty laws, rules, ordinances, and regulations in any
manner affecting the conduct of the services herein provided and
performance of all obligations undertaken by this agreement.
VI.
It is expressly understood that the County has the maximum sum
of $ 7,100.00 specifically allocated to fully discharge its
obligations under this agreement and it is expressly understood that
in no event shall the County be obligated to pay the City more than
the sum of $ 7,100.00 under the terms and provisions of the
agreement.
VII.
It is further agreed that in the performance of all obligations
undertaken by this agreement, the City has the right to supervise,
manage, control and direct the performance of fire fighting and fire
protection services; the County shall look to the City for results
only and the County shall have no right at any time to direct or
supervise the City or its agents or employees in the performance of
such services or as to the manner, means or method in which the
services are performed.
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VIII.
The City agrees to
a certified copy of the
Agreement within five
agreement.
deliver to the Fire Marshal of Harris County
Ordinance authorizing the City to enter this
(5) days after the execution of this
IX.
The City agrees to furnish the Fire Marshal of Harris County,
not later than the fifth (5th) day of each month, a monthly report
listing the total number of runs made into the area of Harris County
designated in Paragraph I of this agreement for the previous month
and such other information relating to fire fighting and fire
preventipn services of the City as may be requested by the Fire
Marshal of Harris County. Said report shall be made on the form
provided by the Harris County Fire Marshal and shall be signed and
certified by an officer of the City.
X.
In the event the parties hereto shall hold over and carry
forward the services herein provided for after the expiration of
this agreement without a written renewal thereof, such holding over
shall not be deemed to operate as a renewal or extension of this
agreement but shall only create an agreement from day to day at a
daily rate of N/A , which may be terminated at any time by
either the County or the city.
XI.
The City expressly agrees to indemnify and hold the .County
harmless from and against any and all losses, expenses, demands, and
claims made against the County arising .in any manner out of its
custody and use of said fire fighting apparatus or the furnishing of
fire fighting and protection services whether such loss, expense,
demand, or claim is caused by County's negligence or not. .
XII.
The City further covenants and agrees that it will, at its own
expense, maintain at all times during the term of this Agreement, a
liability insurance policy, naming County or both County and the
City as an insured, covering injuries arising out of or in
connection with the performance of the services herein provided for,
with coverage of not less than One Hundred Thousand and No/IOO
Dollars ($lOO,OOO.OO) for injuries to anyone person and not less
than Three Hundred Thousand and NO/lOa Dollars ($300, 000. 00) for
injuries to more than one person in anyone accident or occurrence,
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and not less than One Hundred Thousand and NO/IOO Dollars
($lOO,OOO.OO) for any single occurrence for injury to or destruction
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of property, or in the amount of the County's maximum limitations of
liability under the Texas Tort Claims Act, as amended, whichever is
greater. Such liability insurance policy shall include coverage for
all apparatus and/or premises made available to the City by County
in performing its fire fighting obligations as well as any fir.e
fighting and fire protection services provided for herein. Further,
the City will provide to County a certificate of insurance
evidencing the same within fifteen (15) days after the execution of
this Agreement.
XIII.
If either party hereto refuses or fails to timely perform any
one or more of the undertakings and obligations which are to be
performed hereunder, then and in that event, the other party hereto
shall have the right to terminate this Aqreement upon ten (10) days
written notice to the defaulting party. Within ten (10) days after
receipt of such notice of termination, the City shall refund to
County an amount equal to 1/12th of the sum set forth in Paragraph
II above, times the number of full calendar months remaining under
the term of this Agreement after such termination date.
XIV.
Any notice required or permitted to be given by County to the
City hereunder may be given by certified or registered United States
Mail, postage prepaid, return receipt requested, and addressed to:
LaPorte Volunteer Fire Department
P.O. BOx 1115
LaPorte, Texas 77572-1115
Any notice required or permitted to be given by the City to
County hereunder may be given by certified or reqistered United
States Mail, postage or fee prepaid, return receipt requested
addressed to:
Harris County
1001 Preston, 9th Floor
Houston, Texas 77002
Attention: County Judge
Any notice shall be considered given and complete upon deposit in
the United states Mail as aforesaid.
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This constitutes the entire agreement between the parties
hereto and supersedes any and all agreements previously entered into
by these same parties pertaining to fire fighting services insofar
as it covers the term above specified.
EXECUTED this the d ~ "/tto.-day of
VlA~
, 19 93 .
ATTEST:
CITY OF
LaPorte
~~
Secretary
By 4/J??4"'//?(~'
Mayo .
By
JON
APPROVED AS TO FORM:
MIKE DRISCOLL
County Attorney
~~,6~p~
MARILY BARNES
Assistant County Attorney
I hereby certify that funds are
available in the amount of $ 7,100.00
to pay the obligation of Harris County
under and within the foregoing contract.
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ORDER AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN HARRIS COUNTY
CITY OF LAPORTE
THE STATE OF TEXAS }{
COUNTY OF HARRIS }{
On this the 8th day of June, 1993, the Commissioners' Court of Harris
County, Texas, being duly convened at a regular meeting of the Court, upon
motion of Commissioner Eversole, seconded by Commissioner Radack, duly put
and unanimously carried,
IT IS ORDERED that County Judge Jon Lindsay be, and he is hereby,
authorized to execute an Agreement to provide fire fighting and fire
protection services between Harris County and the City of LaPorte in the
amount of $7,100.00 for the period of January 1, 1993 through December 31,
1993. Said Agreement is incorporated herein by reference and made a part
hereof for all intents and purposes as if set forth word for word.
PRESENTED TO
Commissioners Court
JUN C 8 1993
Date
o~".nrded Vol.
payt:_
FM 20 (6/93)
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J.J. PRUITT
FIRE MARSHAL
713-931-1085
FAX 713-931-5874
480 N. SAM HOUSTON PARKWAY E.
SUITE 105
HOUSTON, TEXAS 77060-3521
RECEIPT FORM
Received from the Harris County Fire Marshal's Office on
the date of J u..-I J /~ / Q?.3 for the account of
Harris County, Warrant # 89Q654 dated 6/25/93
in the amount of $ 7,100.00 for fire protection for the
year of 1993.
CITY OF LAPORTE
Name of Department
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By:
S \.A -e... L e. ^-.Joe -.f
Printed Name of Person
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'r."tle/Position