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Home My WebLink About12863 ORD - 10/22/1975• e:10/21/75 • AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REVISED MUTUAL FIRE FIGHTING ASSISTANCE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE COMMANDING OFFICER OF THE NAVAL AIR STATION, CORPUS CHRISTI, A COPY OF SAID AGREEMENT, IN SUBSTANTIALLY THE SAME FORM, BEING ATTACHED HERETO, MARRED EXHIBIT "A ", AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be, and he hereby is, authorized to execute, for and on behalf of the City of Corpus Christi, a revised Mutual Fire Fighting Assistance Agreement between the City of Corpus Christi and the Commanding Officer of the Naval Air Station, Corpus Christi, a copy of said agreement, in substantially the same form, is attached hereto, marked Exhibit "A ", and made a part hereof for all pertinent purposes. SECTION 2. That the necessity to execute the aforesaid agreement at the earliest possible date so as to clarify wording and provide an updated agreement, creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction and that such ordi- nance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, having requested the suspension of said Charter Rule and that this 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 p�of October, 1975. ATTEST: Cio Secret .� VID DAY OF OCTOBER, 1975: L City Att MAYOR THE CITY OF CORPUS CHRISTI, 12863 r c MUTUAL FIRE FIGHTING ASSISTANCE AGREEMENT THIS AGREEMENT, made and entered into this day of 1975 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 protec- tion available in their various establishments, districts, agencies, and municipalities in the event of large fires or conflagrations, and WHEREAS, the lands or districts of the parties hereto are adja- cent 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 municipalities or other.districts 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. Determine'. what apparatus and personnel might most effec- tively be dispatched. c. Determine the exact mission to be assigned in accor- dance 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. 2. The rendering of assistance under the terms of this agree- ment shall not be mandatory, but the party receiving the request for assistance should immediately inform the requesting service if, for any reason, assistance 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 equipment as requested by the fire official making the request, retaining only the necessary equipment and operating per- sonnel for the protection of their own premises. b. In the event assistance is required by the Naval Air Station, Corpus Christi, Texas, and tenants thereto, covering govern- ment owned, or leased, buildings and acreage, on the station proper and outlying fields, the City of Corpus Christi, Texas, will respond with sufficient equipment to combat a major fire, retaining only the personnel and equipment necessary for the protection of property in its own jurisdiction. c. The party furnishing assistance, manpower, and equip- ment will be relieved as soon as possible. 3. Naval Air Station fire and aircraft crash equipment is authorized to respond automatically and proceed to the location of military aircraft crashes /emergencies which may occur in outlying areas within the limits of the City of Corpus Christi, Texas. Emergency equipment responding to such crashes /emergencies are 3 • authorized to use red lights and sirens as necessary to expedite response and enhance overall safety. 4. 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 rendered 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, employment, 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. S. The Senior Officer of the Fire Department requesting aid shall have overall command of the combined personnel and equipment; un- less he requests the senior officer of the department rendering assist- ance to assume control. Notwithstanding who assumes overall control, the head of each department shall not, by relinquishing overall command, be relieved of his responsibility to maintain immediate control and supervision of his men and equipment. 6. The chief fire officers and personnel of the fire depart- ments of both parties to tbis agreement are invited and encouraged, 4 on a reciprocal basis, to frequently visit each other's activities for guided familiarization tours consistent with local security re- quirements, and as feasible, to jointly conduct pre -fire planning inspections and drills. 7. The technical heads of the fire departments of the parties to this agreement are authorizedand 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, S. This agreement shall become effective upon the date hereof and shall remain in full force and effect until cancelled by mutual agreement of the parties hereto, or by written notice by one party to the other party giving sixty (60) days,''notice of said cancella- tion. 9. This agreement cancels and supersedes existing mutual aid fire fighting agreements of 10 June 1970 between the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement at on the, day and year first above written.' 5 � -1 CORPUS CHRISTI TEXAS DAY OF 19-7--s TO THE MEMBERS 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; 1, 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, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE F LLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO OE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE