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HomeMy WebLinkAboutResolution - 121175A - Fire Protection Agreement - Commissioners' Court Of LBK County - 12_11_1975KJ/ dw RESOLUTION AW/246 4- BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK a FIRE PROTECTION AGREEMENT between the CITY OF LUBBOCK and the COMMISSIONERS' COURT OF LUBBOCK COUNTY, providing for fire protection for Lubbock County, attached herewith which shall be spread upon the Minutes of the COUNCIL and as spread upon the Minutes of this COUNCIL shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this llth day of December , 1975. - . a.01A ROY BAISS, MAYOR ATTEST: / Treva Phillips, City ecretary-Treasurer OVED AS TO FORM: FIRE PROTECTION AGREEMENT THE STATE OF TEXAS I COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: THIS Agreement entered into between the Commissioners' Court of Lubbock County, Texas, . acting by and through its duly authorized County Judge, hereinafter called "COUNTY" and the City of Lubbock, acting by and through its duly authorized Mayor, hereinafter called "CITY", entered into pursuant to Article 235la-1, V. A. C. S. WITNESSETH: WHEREAS, the County Commissioners' Court of Lubbock County, Texas, has determined that a need exists for fire protection to be provided to protect the property of citizens of Lubbock County, Texas, who reside outside the limits of the City of Lubbock; and WHEREAS, the City of Lubbock agrees to furnish fire protection service upon the terms and conditions stated below. 1. The City agrees that fire fighting equipment shall be furnished in response to fire calls from points beyond the limits of the City of Lubbock, for the consideration hereinafter stated, with such fire fighting equipment dispatched to the location of the fire as shall be determined by the Fire Chief or such officer as he directs. 2. The County hereby agrees and obligates itself to pay to the City of Lubbock the sum of Four Hundred Dollars ($400.00) for response to each call for.fire assistance at any rural location in Lubbock County beyond the City Limits of the City of Lubbock during the period from the execution date hereof to September 30, 1976, and for each year thereafter unless terminated as hereinafter provided. 3. The County hereby agrees and obligates itself to pay to the City of Lubbock, at the rate stated in paragraph 2 above for regular fire calls, for each call for assistance from ambulance services or law enforcement agencies for necessary emergency calls. Necessary calls, as used herein, shili mean the assistance of the City of Lubbock fire department to use its equipment and 1 personnel in emergency situations, such as the extricating of persons from dangerous places or the use of specialized equipment and the expertise of the City of Lubbock fire department. A description of the nature of such call and the service performed shall be forwarded in the same manner as regular fire response calls. 4. This contract shall be and remain in force and effect until termi- nated by written notice by either party addressed to the County Judge of Lubbock County, or Mayor of the City of Lubbock as the case may be, delivered not less than thirty (30) days prior to the termination date as officially determined by the governing body of the respective parties hereto. 5. The County of Lubbock agrees that payment of any obligation arising out of this agreement shall be made by the County from current revenues of the County of Lubbock or from a fund established by the County of Lubbock and within the immediate control of the County. 6. The Fire Chief for the City of Lubbock or his designated officer of the Fire Department shall make or cause to be made a fire report showing the date, time, location, and description of structures burned and his esti- mate of property damage of each such structure or other damage caused by fire to which fire equipment of the City of Lubbock has been dispatched beyond the limits of the City of Lubbock and shall file each report with the City Auditor and forward a copy to the County Auditor within seventy-two (72) hours after such fire call has been received. 7. It is specifically provided that the acts of any person or persons while fighting fires, traveling to or from fires, or in any manner furnishing fire protection to the citizens of Lubbock County outside the City limits of the City of Lubbock shall be considered as the acts of agents of the County of Lubbock in all respects notwithstanding such person or persons may be regular employees or firemen of the City of Lubbock. The County of Lubbock shall be liable for the acts of any of the City of Lubbock's employees while engaged in fighting fires outside the City limits of the City of Lubbock pursuant to this contract entered into between the Commissioners' Court of Lubbock County and the City Council of the City of Lubbock as well as any civil -2- liability related to the furnishing of fire protection service under this contract. 8. It is understood and agreed that in the event an emergency con- dition exists within the City of Lubbock by reason of one or more fires in progress within the City, the Fire Chief shall determine the advisability of sending fire fighting equipment beyond the limits of the City in response to a fire beyond its limits and the judgment of the Fire Chief shall be final, and the City of Lubbock, its agents, officers, and employees shall be held harmless by the County of Lubbock for any error or omission in judgment for any determination made during such emergency period. EXECUTED THIS the day of , 1975. COMMISSIONERS' COURT OF LUBBOCK COUNTY, TEXAS BY: Rodrick L. Shaw, County Judge ATTEST: Frank Guess, County Clerk APPROVED AS TO FORM: Alton R. Griffin, Criminal District Attorney EXECUTED THIS the day of 1975. CITY OF LUBBOCK BY: Roy Bass, Mayor ATTEST: Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: Fred O. Senter, Jr., City Attorney