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Res 15-25 Authorizing an Agreement with the City of Roanoke and Trophy Club MUD for Automatic AidTOWN OF WESTLAKE RESOLUTION NO. 15-25 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF ROANOKE, TEXAS AND TROPHY CLUB MUNICIPLE UTILITY DISTRICT #1 FOR AUTOMATIC MUTUAL AID FOR FIRE EMERGENCIES. WHEREAS, the cities of Roanoke, Trophy Club Municipal Utility District #hand Westlake (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; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety SECTION 2: That the Town of Westlake Town Council does hereby authorize the Town Manager to enter into the interlocal agreement, attached as Exhibit "A". SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 15-25 Page 1 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 201h DAY OF OCTOBER 2015. ATTEST: Laura L. Wheat, Mayor FidI Kelli Edwa s, Town Secretary APPROVED AS TO FORM: L. Sta on Lowry, wn Attorney Thomas E. BrymeT n Manager Resolution 15-25 Page 2 of 2 INTERLOCAL AGREEMENT FOR AUTOMATIC AID FIRE PROTECTION THE STATE OF TEXAS COUNTIES OF DENTON AND TARRANT THIS AGREEMENT is entered into by and between the City of Roanoke (the "City"), the Town of Westlake (the "Town"), and Trophy Club Municipal Utility District No. 1 (the "District"), all being municipal corporations chartered under the Constitution and laws of the State of Texas, each acting through its authorized representatives. WHEREAS, the City, Town and District (referred to collectively as the "Parties") 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, in consideration of the mutual promises and consideration provided for herein, the receipt and sufficiency of which are hereby confirmed, the parties hereby agree to the following: I. MUTUAL ASSISTANCE (a) Upon the request of the Fire Chief or his designee of one of the Parties to the ;ire department of another of the Parties to respond to a fire emergency within the entity's corporate boundaries or service area limits of the requesting entity, the requested entity will respond with available firefighting equipment and personnel in aid of the requesting entity to any point within a reasonable distance of the corporate boundary limits of the responding entity. (b) Each entity designate the area outside the entity's limit which is within a reasonable distance. (c) If conditions exist within the responding city or District that prevent response outside its limits, the Fire Chief or his designee shall immediately notify the fire department of the requesting entity that no response can be made. II. PROCEDURES A dispatch of firefighting equipment and personnel pursuant to this Agreement is subject to the following procedure: (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. Resolution 15-25 (2) The responding department shall respond to the specified location and initiate action to mitigate the emergency or provide backup coverage if requested. (?) A responding department shall be released by the requesting entity when the services of the responding city are no longer required. III. COMMON SERVICE BOUNDARY LINES In areas where common boundary lines exist, accurate determination of jurisdiction may not be possible upon receipt of an alarm. In these cases, the entity receiving the alarm will dispatch its firefighting equipment and personnel and notify the other affected entity of the alarm. If the emergency is not within the service boundaries of the responding entity, it is agreed that the services provided will be considered to have been provided pursuant to this Agreement. IV. CLAIMS Each entity -waives all claims against the other Parties 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 claim results from the failure of the requesting entity to accept responsibility required by Section 791.006, Texas Government Code. V. COSTS A responding entity shall not be reimbursed by the requesting entity 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 entity for which they are employed. Each entity 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 entity shall be under the control and supervision of employees of the responding entity during a response pursuant to this Agreement. , VII. LIABILITY In accordance with Section 791.006 of the Texas Government Code, the requesting entity is responsible for any civil liability that arises from the furnishing of firefighting 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 governing bodies of the entities involved. VIII. TERMINATION Each entity has the right to terminate its participation in this Agreement with ninety (90) days written notice to the other Parties. Additional entities 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 entities. IX. PRIOR COMMITMENTS This Agreement contains all commitments and agreements of the Parties 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 entities may have contracted or may contract in the future with each other for total fire protection ser<,ices, 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 Denton County, Texas. XI. BENEFITS When an employee or volunteer of the responding entity 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. 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. AGREED to and ADOPTED by Trophy Club Municipal Utility District No. 1 Board of Directors on this day of August 2015. I" La" ie Slaght, District Secr to Trophy Club Municipal Uti1il�YDistrict No. 1 a 4cKnWht, General Manag+r lub Municipal Ut' ' District No. _`.. 'Gila .��" � • '�''.".. �{ n cn L) • .0= I1JJl11f!##11���1 AGREED to and ADOPTED by the Town of Westlake on this = day of 2015. Thomas E. Brymer Town Manager Kelly Edwar Town Secretary ,for L. Stant' Lowrey Town A orney AGREED to and ADOPTED by the City of Roanoke on this 7�"day ofMC- 2015. Scott Campbel City Manager �r pr 1 Hill, City Secretary