HomeMy WebLinkAboutCity Council Resolutions (R-90-578)-04/03/1990
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RESOLUTION R-90-578
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WHEREAS, the threat of hazardous materials Epills and accidents
is a major problem to area Cities, potentially costing
many lives and tremendous monetary loss; and,
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WHEREAS, Northeast Tarrant County municipalities have recognized
the need for improved hazardous materials response
capabilities; and,
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WHEREAS, hazardous materials
resources, causing
property damage; and,
tax Cities
injury and
related
exposure
accidents
to death,
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WHEREAS, the citizens of this comIT:unity should be provided
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of professionals to handle hazardous materials spills
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
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Sec. 1: That the City of Colleyville, Texas, be authorized
to enter into an Interlocal Assistance Agreement
(attached Exhibit "A") with other participating
Cities of Northeast Material Response Team program
to benefit the citizens of the comrruni ty and other
communities in Northeast Tarrant County.
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AND IT IS SO RES0LV~D.
Passed by a vote of ~ to ~___ this the 3rd day of April,
1990.
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CITY OF COLLEYVILLE
~I~
MAYOR
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ATlJ~QL
LaVada Johnson
City Secretary
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Z7A
Ross T. Foster
City Attorney
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AND LEGALITY:
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L/D/47
Resolution R-90-578
EXHIBIT "A"
NORTHEAST TARRANT COUNTY HAZARDOUS TRAINING AND
RESPONSE TEAM INTER-LOCAL AGREEMENT
This agreement is entered by and between the city of
Colleyville and the City of
both being located within Northeast Tarrant County, Texas,
executing and delivering this agreement as hereafter provided (lithe
parties"); pursuant to the Interlocal Cooperation Act, Article 4413
(32c), ~exas Revised civil statutes:
WHEREAS, there is a need for training and response for
Hazardous Material incidents in Northeast Tarrant County; and,
WHEREAS, the parties hereto have determined that the best
possible method for attacking the Hazardous Material problem in
Northeast Tarrant County is an agreement establishing such
cooperation; and,
WHEREAS, the parties desire to enter into the agreement to
provide training and response cooperation in connection with
Hazardous Material spills and accidents; and,
WHEREAS, each party is authorized to perform the services
contemplated herein;
NOW, THEREFORE, in consideration of the mutual covenants and
the terms and conditions set ~orth below, the parties do hereby
agree as follows:
1. The parties hereto execute this agreement for the purpose
of providing training and response capabilities for dealing with
Hazardous Materials.
2 . When requested by a party, any other party to this
agreement shall provide available members of its Hazardous Material
training/response unit to control, contain and follow through with
the disposal of Hazardous Material incidents occurring within the
jurisdiction of the requesting agency. The availability of
personnel shall be determined by the party requested to respond.
3. The Hazardous Material response unit shall respond and
shall serve as advisors to the restricted area known as the hot
zone and perform as otherwise requested to prevent death, injury
and destruction. All actions shall be directed by the commander
of the requesting unit or his designee.
4. In performing its duties under this agreement, each party
will comply with necessary federal, state and local laws and
regulations.
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Resolution R-90-578
5. The party regularly employing the hazardous material
response personnel shall pay all wages and disability payments,
pension payments, damages to equipment and clothing of that member
while he i~ involved in the activities pursuant to this agreement
the same as though the services had been rendered within the limits
of the jurisdiction wherein he is regularly employed. The
requesting party shall have no obligation to reimburse the
responding party for such costs.
6. Funding for training and other activities of the
Northeast Tarrant County Hazardous Material raining and Response
Unit shall be provided as may be agreed by the city managers of the
participating cities.
7. A regulation and safety coromi ttee consisting of three (3)
Fire Chiefs elected by the members of the Northeast Fire Training
Association, shall establish rules, regulations, guidelines and
protocol for the Northeast Tarrant County Hazardous material
Training and Response Team.
8. In the event that any person performing services pursuant
to this agreement shall be cited as a party to a civil lawsuit,
state or federal, arising out of the performance of those services,
he shall be entitled to the same benefits that he would be entitled
to receive if such civil action had arisen out of the performance
of his duties as a member of the department where he is regularly
employed and in the jurisdiction of the party by which he is
regularly employed.
9. Each party to this agreement expressly waives all claims
against a party for compensation for any loss, damage, personal
lnJury or death occurring as a consequence of the performance of
this agreement; provided, however, any civil liability related to
the furnishing of services described herein shall be the
responsibility of the party which would be responsible for such
services absent this agreement.
10. It is expressly understood and agreed that, in the
execution of this agreemant no party waives, nor shall be deemed
hereby to waive, any immunity or defense that would otherwise be
available to it against claims arising in the exercise of
governmental powers and functions.
11. The term of this agreement shall be from August 15, 1989
through August 14, 1990, and shall thereafter be automatically
renewed for successive one year periods unless written notice of
intent to withdraw is given by a participating city to all other
participating cities at least thirty (30) days prior to the
expiration of a term. The contract shall then be automatically
renewed as to other participating cities. This agreement may be
terminated by mutual agreement. ~~y City may withdraw from this
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Resolution R-90-578
agreement at any time upon ninety (90) days notice to all other
participating cities.
12. This agreement may be signed in multiple counterparts and
shall be binding on a party when signed by such party's duly
authoriz~d representative and delivered to the other participating
cities.
IN WITNESS WHEREOF I the parties hereto have executed this
agreement to ,be effective upon execution by both.
CITY OF COLIEYVILLE
(your Agency)
ATTEST:~
~retarY . 'Vada Johnson
~~~~S~~~INS
S drday of O(fJ ,19W
~PPZ~~ ~ the
Legal Counsel R ss T. Foster
Party entering Interlocal Assistance Agreement:
ATTEST:
APPROVED:
City Secretary
Name:
Title:
day of
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On the
Legal Counsel
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