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Res 90-04 Entering into a Fire and Rescue Agreement with Trophy Club MUDRESOLUTION NO. / 0 WHEREAS, the Board of Aldermen of the Town of Westlake believe that it is appropriate to enter into a Fire and Rescue Services Agreement with Trophy Club Municipal Utility District #1 ("MUD"); and WHEREAS, MUD is willing and capable of providing said services to the service area of the Town of Westlake; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, THAT: The Fire and Rescue Services Agreement with Trophy Club Municipal Utility District #1, attached hereto as Exhibit "A", is hereby approved and the Mayor of the Town of Westlake is authorized to execute the same on behalf of the Town. PASSED ADOPTED AND APPROVED on this 9th day of August, 1990. TOWN OF WESTLAKE, TEXAS D.ile L. White, Mayor ATTEST: Gorr,'y Whi e, Town Secretary APPROVED AS TO LEGAL FORM: Paul C. Isham, Town Attorney c:\westlake\119 ai' STATE OF TEXAS S S FIRE AND RESCUE SERVICES AGREEMENT COUNTY OF DENTON S WHEREAS, the Trophy Club Municipal Utility District #1, Trophy Club Texas ("Trophy Club") and the City of Westlake, Texas ("Westlake") are entities duly incorporated pursuant to the general laws of the State of Texas; and WHEREAS, Trophy Club and Westlake are empowered, pursuant to the Texas Interlocal Cooperation Act, Art. 4432c, Tex. Rev. Civ. Stat. Ann. (Vernon), to agree with one another to perform governmental functions and services, including fire suppression and rescue services; and WHEREAS, Trophy Club and Westlake desire to enter into this Agreement and agree that this Agreement is in the best interest of and serves the public health, safety and welfare. W I T N E S S E T H: NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein made, the benefits flowing to each of the parties hereto, and other good and valuable consideration, tLbe Trophy Club Municipal Utility District #l, Trophy Club, Texas and the City of Westlake, Texas do hereby CONTRACT AND AGREE as follows: The effective date of this Agreement shall be 15 September 1990.. TI. The term of this Agreement shall be from 15 September 1990 through 30 September .1993. Trophy Club shall provide to the residents of the Westlake service area, which area is outlined on the map attached hereto as Exhibit "A" and incorporated herein, (the "Service Area") fire suppression and rescue service in accordance with the following: A. "Fire Suppression" as used in this Agreement shall mean all activities normally associated with fire prevention, fire inspection, fire investigation, and fire fighting techniques/tactics. B. "Rescue" as used in this Agreement shall mean any circumstance that calls for immediate life-saving action in which the element of time seriously threatens the health or life of a person. Page - 1 C. Notwithstanding any other provision of this Agreement, an emergency within the corporate limits of the Trophy Club Municipal Utility Districts shall have priority over an emergency within the Service Area. IV. Westlake agrees to indemnify, save and defend Trophy Club, its agents, officers and employees against, and hold Trophy Club, its agents, officers and employees harmless from any and all claims, actions, causes of action, lawsuits, judgments, damages, injuries, costs or expenses, including reasonable attorney's fee, for injury to person or property or death of any person resulting from or based upon, in whole or in part, any act or omission of Trophy Club, its agents, officers or employees performed pursuant to this Agreement, but excluding gross negligence or any willful or wanton act. The obligation of Westlake under this paragraph shall be payable out of Westlake's current revenues. V. The fact that Trophy Club and Westlake accept certain responsibilities relating to the rendition of fire suppression and rescue services under this Agreement as a part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and it is hereby invoked to the extent possible under the law. Neither Trophy Club -nor Westlake waives or shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. VI. Where the terms of this Agreement require that notice in writing be provided, such notice shall be deemed delivered three (3) days following the deposit of the notice in the United States mail, postage prepaid., and sent by certified mail, return receipt requested and properly addressed as follows: -TQ _T.r.Qpb'YL Q.1-ub: 100 Municipal Drive Trophy Club, Texas 76262 Telephone: (817)430-1911 Attn:District Manager Trophy Club M.U.D. I 1480 Dove Road Roanoke, Texas 76262 Telephone: (817)430-1267 Attn:Mayor City of Westlake Page - 2 VII. For the services provided hereunder, Westlake shall pay to Trophy Club the sum of One Hundred Fifty Dollars ($150.00) for each call for emergency fire suppression and/or rescue service within the service area. Trophy Club shall bill Westlake within 60 days following the date of the provision of fire suppression and/or rescue service. Westlake shall Day Trophy Club Fire Department within thirty (30) days of the receipt of each bill. Viii. This Agreement may be terminated at any time by either party giving at least sixty (60) days advance written notice to the other party. In the event of such termination by either party, Trophy Club shall be compensated for all services performed to the date of termination, together with reimbursable expenses then due, if any. In the event of such termination, should the Municipal Utility Districts be overcomnensated for all services performed to the date of termination or be overcompensated for reimbursable expenses, Westlake shall be reimbursed pro rata for all such overcompensation. "M This Agreement represents the entire and integrated agreement between Trophy Club and Westlake and supersedes all prior negotiations, representations and/or agreements, either written or oral.. This Agreement may be amended only by written instrument signed by both Trophy Club and Westlake. Y. The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. This Agreement shall be performable and all compensation -payable in Denton County, Texas. Venue under this Agreement lies in Denton County, Texas, If any clause, paragraph, section or portion of this Agreement shall be found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement shall remain in full force and effect and the parties shall be deemed to have contracted as if said clause, section, paragraph or portion had not been in the Agreement initially. Page - 3 XII. The undersigned officers and/or agents of the parties hereto are the properly authorized officials having the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. Executed in duplicate original at Denton County, Texas on the day and year first written above. TROPHY CLUB MUNICIPAL CITY OF WEST -LAKE, TEXAS UTI, DIST #1 By. By: Distric ainager Mayor .Boger aer oger UNG R Dale WHITE ATTE!1'�"' By: JuTANNErIL OfUce Maner TCFDO057.WPS ATTEST: I By: GER. Y Wlid/pE i Ci y Secretary Page - 4