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HomeMy WebLinkAbout09700 ORD - 04/01/1970AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISIT, A MUTUAL FIRE FIGHTING ASSISTANCE AGREEMENT WITH THE U. S. NAVAL AIR STATION OF CORPUS CHRISTI, TEXAS, WHEREBY EACH OF THE PARTIES AGREE TO FURNISH TO THE OTHER ASSISTANCE IN THE EVENT OF A MAJOR FIRE, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A MUTUAL FIRE FIGHTING ASSISTANCE AGREEMENT WITH THE U. S. NAVAL AIR STATION OF CORPUS CHRISTI, TEXAS, WHEREBY EACH OF THE PARTIES AGREE TO FURNISH TO THE OTHER ASSISTANCE IN THE EVENT A MAJOR FIRE OCCURS ON THE PREMISES OF EITHER PARTY, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE FACT THAT IT IS NECESSARY TO ENTER INTO THE AFORESAID AGREEMENT IN ORDER TO REDUCE TO WRITING THE TERMS AND CONDI- TIONS SET FORTH THEREIN IN ORDER TO FURNISH ASSISTANCE IN THE EVENT OF A MAJOR FIRE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLU- TION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE REGULAR MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT TH15 ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF APRIL, 1970- ATTEST: tITf SECRETA APPROVED: 157-- DAY OF APRIL, 1970: ,(:' /ss ITV ATTORNE "CITY RPUS CHRISTI, TEXAS 9700 MUTUAL FIRE FIGHTING ASSISTANCE AGREEMENT THIS AGREEMENT, made and entered into this day of , 1970 by and between the City of Corpus Christi, Nueces County, Texas, and the Commanding Officer, Naval Air Station, Corpus Christi, Texas. WITNESSETH: WHEREAS, each of the parties hereto maintains equipment and personnel for the suppression of fires within its own jurisdiction and areas, and WHEREAS, the parties hereto desire to augment the fire protection available in their various establishments, districts, agencies and munici- palities in the event of large fires or conflagrations, and WHEREAS, the lands or districts of the parties hereto are adjacent or contiguous so that mutual assistance in a fire emergency is deemed feasible, and WHEREAS, it is the policy of the Navy Department and of the munici- palities or other districts and of their governing bodies to conclude such agreements wherever practicable, and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to this agreement to render assistance to one another in accordance with these terms; THEREFORE BE IT AGREED THAT: 1. Whenever it is deemed advisable by the senior officer of a fire department belonging to a party to this agreement, or by the senior officer of any such fire department actually present at any fire, to request fire fighting assistance under the terms of this agreement, he is authorized to do so, and the senior officer on duty of the fire department receiving the request shall forthwith take the following action: a. Immediately determine if apparatus and personnel can be spared in response to the call. b. What apparatus and personnel might most effectively be dispatched. c. The exact mission to be assigned in accordance with the detailed plans and procedures of operation drawn in accordance with this agreement. d. Forthwith dispatch such equipment and personnel as, in the judgment of the senior officer receiving the call, should be sent, with complete instructions as to the mission, in accordance with the terms of this agreement. Enclosure (1) 2. The rendering of assistance under the terms of this agreement shall not be mandatory, but the party receiving the request for assistance should inmdiately inform the requesting service if, for any reason, assist- ance cannot be rendered. a Christi, Texas, tthe eother aparty ahereto will�respondtwithisufficientuequip- ment as requested by the fire official making the request, retaining only the necessary equipment and operating personnel for the protection of their own premises. Upon arrival at the location of a major fire, the Chief Fire Officer of the Naval Air Station shall establish radio communi- cation with the Naval Air Station on 140.0 Megacycles utilizing the Shore Patrol base station for relay if necessary. b. In the event assistance is required by the Naval Air Station, Corpus Christi, Texas, and tenants thereto, covering government owned, or leased, buildings and acreage, on the station proper and outlying fields, the City of Corpus Christi, Texas, will respond with sufficient equip- ment to combat a major fire, retaining only the personnel and equipment necessary for the protection of their own premises. c. The party furnishing assistance, manpower, and equipment, will be relieved as soon as possible. 3. a. Each party to this agreement waives all claims against the other party or parties for compensation for any loss, damage, personal injury, or death occurring in consequence of the performance of this agreement. b. All services performed under this agreement shall be ren- dered without reimbursement of either party or parties. c. Services performed hereunder by officers or employees of the United States or any member of the Armed Forces of the United States shall constitute service rendered in line of duty in such office, employ - ment, or force. The performance of such service by any other individual shall not constitute such individual an officer or employee of the United States for the purpose of the Federal Employee's Compensation Act, as amended. 4. The technical head of the fire department of the requesting ser- vice shall assume full charge of the operations, but if he specifically requests a senior officer of a fire department furnishing assistance to assume command, he shall not, by relinguishing command, be relieved of his responsibility for the operation; provided, that the apparatus, personnel, and equipment of the agency rendering assistance shall be under the immediate supervision of an shall be the immediate responsibility of the senior officer of the fire department rendering assistance. 2. The rendering of assistance under the terms of this agreement shall not be mandatory, but the party receiving the request for assistance should immediately inform the requesting service if, for any reason, assist- ance cannot be rendered. a. In the event assistance is required by the City of Corpus Christi, Texas, the other party hereto will respond with sufficient equip- ment as requested by the fire official making the request, retaining only the necessary equipment and operating personnel for the protection of their own premises. Upon arrival at the location of a major fire, the Chief Fire Officer of the Naval Air Station shall establish radio communi- cation with the Naval Air Station on 140.0 Megacycles utilizing the Shore Patrol base station for relay if necessary. b. In the event assistance is required by the Naval Air Station, Corpus Christi, Texas, and tenants thereto, covering government owned, or leased, buildings and acreage, on the station proper and outlying fields, the City of Corpus Christi, Texas, will respond with sufficient equip- ment to combat a major fire, retaining only the personnel and equipment necessary -for the protection of their own premises. c. The party furnishing assistance, manpower, and equipment, will be relieved as soon as possible. 3. a. Each party to this agreement waives all claims against the other party or parties for compensation for any loss, damage, personal injury, or death occurring in consequence of the performance of this agreement. b. All services performed under this agreement shall be ren- dered without reimbursement of either party or parties. c. Services performed hereunder by officers or employees of the United States or any member of the Armed Forces of the United States shall constitute service rendered in line of duty in such office, employ - ment, or force. The performance of such service by any other individual shall not constitute such individual an officer or employee of the United States for the purpose of the Federal Employee's Compensation Act, as amended. 4. The technical head of the fire department of the requesting ser- vice shall assume full charge of the operations, but if he specifically requests a senior officer of a fire department furnishing assistance to assume command, he shall not, by relinguishing command, be relieved of his responsibility for the operation; provided, that the apparatus, personnel, and equipment of the agency rendering assistance shall be under the immediate supervision of an shall be the immediate responsibility of the senior officer of the fire department rendering assistance. 5. The chief fire officers and personnel of the fire departments of both parties to this agreement are invited and encouraged, on a reciprocal basis, to frequently visit each other's activities for guided familiarization tours consistent with local security requirements and, as feasible, to jointly conduct pre -fire planning inspections and drills. 6. The technical heads of the fire departments of the parties to this agreement are authorized and directed to meet and draft any detailed plans and procedures of operation necessary to effectively implement this agreement. Such plans and procedures of operations shall become effective upon ratification by the signatory parties. 7. This agreement shall become effective upon the date hereof and shall remain in full force and effect until cancelled by mutual agree- ment of the parties hereto or by written notice by one party to the other party giving sixty (60) days notice of said cancellation. 8. This agreement cancels and supersedes existing mutual aid fire fighting agreements of 4 June 1959, between the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement at CORPUS CHRISTI, NUECES COUNTY, TEXAS on the day and year first above written. ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM: T RN dd CITY OF CORP CHRISTI APPROVED: 3 CITY OF CORPUS CHRISTI By CITY MANAGER LEGAL OFFICER NAVAL AIR STATION COMMANDING OFFICER NAVAL AIR STATION CORPUS CHRISTI, TEXAS Corpus Christi, exas day of 197 TO THE MENBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, ,q-&l Aljt"q�4j IA 'OR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick"Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the fol owing vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. °Wrangler" Roberts Ronnie Sizemore