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HomeMy WebLinkAboutResolution 1992-026 RESOLUTION NO. 92-26 WHEREAS, the City of North Richland Hills, Texas, currently has mutual aid agreements for fire service with the eleven cities in northeast Tarrant County; and WHEREAS, in a mutual aid agreement the cities involved may call upon other participating cities for backup assistance when needed; and WHEREAS, an automatic aid agreement provides that certain designated areas of a city are automatically responded to by the f ire department of another city whose department is in closest proximity to the call; and WHEREAS, the City of North Richland Hills, Texas desires to enter into automatic aid agreements for fire service with the cities of Haltom City and Richland Hills in order to provide the quickest possible fire service to all citizens along their joint boundaries; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAHD HILLS, TEXAS THAT: SECTION 1. The attachment agreement with the cities of Haltom City and Richland Hills is hereby approved. SECTION 2. The City Council hereby authorized the City Manager of the City of North Richland Hills, Texas, to execute said agreement in the best interest of the city. PASSED AND APPROVED THIS 11TH DAY OF MAY, 1992. APPROVED: ~ Tommy Brow , Mayor ATTEST: AGREEMENT FOR AUTOMATIC FIRE PROTECTION AID THE STATE OF TEXAS COUNTY OF TARRANT THIS AGREEMENT is entered into this 26th day of May , 19~, by and between the cities of Haltom City, North Richland Hills and Richland Hills, Texas, all being municipal corporations chartered under the Constitution and laws of the state of Texas, each acting through its authorized representatives. WHEREAS, the cities of Haltom City, North Richland Hills and Richland Hills (referred to as "the cities") desire to enter into an agreement for the automatic provision of fire protective services; and WHEREAS, this Agreement is entered into pursuant to Subchapter A, Chapter 791, Texas Government Code; NOW THEREFORE, It is agreed as follows: I. MUTUAL ASSISTANCE . (a) Upon the request of the Fire Chief or his designee of one of the cities to the fire department of another of the cities to respond to a fire emergency within the city limits of the requesting city, the requested city will respond with available firefighting equipment and personnel in aid of the requesting city to any point within a reasonable distance of the city limits of the responding city. (b) The Fire Chief of each city will designate the area outside the city's limits which is within a reasonable distance. (c) If conditions exist within the responding city that prevent response outside its city limits, the Fire Chief or his designee shall immediately notify the fire department of the requesting city that no response can be made. II. PROCEDURES A dispatch of firefighting equipment and personnel pursuant to this agreement is subject to the following procedures: (1) A request for aid by street address shall specify the location by street address to which the equipment and personnel are to be dispatched. (2) The responding city shall respond to the specified location and initiate action to mitigate the emergency - 1 - .0 or provide backup coverage if requested. (3) A responding city shall be released by the requesting ci ty when the services of the responding city are no longer required. III. COMMON CITY LIMIT LINES In areas where common city limit lines exist, accurate determination of jurisdiction may not be possible upon receipt of an alarm. In these cases, the ci ty receiving the alarm will dispatch its firefighting equipment and personnel and notify the other affected city or cities of the alarm. If the emergency is not within the city limits of the responding city" it is agreed that the services provided will be considered to have been provided pursuant to this Agreement. IV. CLAIMS Each ci ty waives all claims against the other cities for compensation for any loss, damage, personal injury or death occurring as a consequence of the performance of this agreement. However, this waiver shall not apply in those cases in which a c;l-aim results from the failure of the requesting city to accept responsibility required by Section 791.006, Texas Government code. V. COSTS A responding city shall not be reimbursed by the requesting city for costs incurred in responding to an emergency pursuant to this agreement. Personnel who perform duties pursuant to this agreement shall receive the same wage, salary, pension, injury or death benefits, worker's compensation benefits, payment of expenses, and all other compensation and rights'for the performance of those duties, as they would have received for their regular duties in the service of the city by which they are employed. Each city shall be solely responsible for the payment of its costs associated with providing firefighting equipment and personnel under this agreement. VI. SUPERVISION The equipment and personnel of a responding city shall be under the control and supervision of employees of the responding city during a responde pursuant to this agreement. .. - 2 - ..- . VII. LIABILITY In accordance with Section 791.006 of the Texas Government Code, the requesting city is responsible for any civil liability that arises from the furnishing of fire fighting services pursuant to this agreement effective action in emergency situations by those entrusted with the responsibility of saving lives and property by protecting such governmental units from liability, and their employees, agents, and officers from non-intentional tort liability to the fullest extent permitted by statutory and constitutional law. This section shall be liberally construed to carry out the intent of the City Councils of the entities involved. VIII. TERMINATION AND REMOVAL Each city has the right to terminate its participation in this agreement with ninety (90) days written notice to the other cities. Additional cities may become parties to this agreement, and an existing party may be removed as a party upon the vote of a majority of the governing bodies of the other cities. IX. PRIOR COMMITMENTS This agreement contains all commitments and agreements of the cities regarding automatic fire protection aid, and no other prior oral or written commitments shall have any force or effect. Notwithstanding the preceding sentence , it is understood that certain signatory cities may have contracted or may contract in the future with each other for total fire protection services, and it is agreed that this agreement shall not affect those contracts. X. VENUE Each party agrees that if legal action is brought under this agreement, exclusive venue shall lie in Tarrant County, Texas. XI. BENEFITS When an employee or volunteer of the responding city is performing duties under the terms of this agreement, that person is considered to be acting in the line of duty for the purposes of 42 U.S.C.A., section 3796; is considered to be in performance of duties within the provisions of Article 6228f, V.T.C.S., and Chapter 142, Texas Local Government Code; and shall be entitled to any other benefits which accrue under law as a result of injury, death, or loss which occurs while in the line of duty." - 3 - ,- XII. SEVERABILITY In case one or more of the provisions contained in this agreement shall be for any reason held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision, and this agreement shall be construed as if the invalid, illegal or unenforceable provision had never been contained in the agreement. XIII. AUTHORIZATION This agreement is made pursuant to Chapter 791 and Subchapter E, Chapter 418, Texas Government Code. It is agreed that in the execution of this agreement, no party waives any immunity or defense that would otherwise be available to it, against claims arising from the exercise of governmental powers and functions. EXECUTED this 27th day of Tarrant County, Texas. May 1992, at CITY OF HALTOM CITY, TEXAS . '. .-'c/' /)- Í3Y:( /¿'___L~ c-i. Q-.-JC7'~~oê~-,_..J._L-'t-Z._. City Manager CITY OF NORTH RICHLAND HILLS, TEXAS BY: ~ City Manager CITY OF RICHLAND HILLS, TEXAS BY: ~d~ . .. - 4 -