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HomeMy WebLinkAboutRES.517.05-07-1990 BILL N0. 90- 103 RESOLUTION N0. 5 � A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A MUTUAL AID AGREEMENT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI , AS FOLLOWS : ARTICLE 1 . The Citv Manaqer , for and on behalf of the City of Cape Girardeau , Missouri , is hereby authorized to enter into an Aqreement with the City of Jackson , City of Gordonville , Fruitland Area Volunteer Fire District , East County Rural Fire District , Whitewater Community Volunteer Fire Department , Inc . , Delta Volunteer Fire Protection District , Millersville Rural Fire District , North Cape County Rural Fire District , County of Cape Girardeau , and Cape Special Road District . A copy of said AQreement is attached to this Resolution and made a part hereof . PASSED AND ADOPTED THIS �.V1 DAY OF rr� , 19 �� � � � � � ancis E. Rho es , Mayor ATTEST: Juli Dale Depu y � ity Clerk , . �. � i,�� ..: � . . �,..� MUTUAL AID AGREEMENT WHEREAS, it is deemed desireable that a contract be entered into for an interchange of services of the various organizations providing emergency services in Cape Girardeau County, Missouri , in the event of major disasters such as tornadoes, earthquakes , fires, floods, hazardous chemical spills, or other hazardous ca�astrophes, and WHEREAS, Sections 71. 370 and 321. 220, RSMo, alloca Municipalities and counties and Rural Fire Protection Districts and Volunteer Corporations to enter into contracts to cooperate with each other for common services and interchange of services of their separate emergency services, and WHEREAS, Cape Girardeau County has developed a Local Emergency Operations Plan to most effectively use resources and respond to emergencies and disasters within the County, and the establishment of this Mutual Aid Agreement is one part of this . county-wide emergency operations plan, and WHEREAS, in the event of extreme life and death emergencies every provider of emergency services in the county should be prepared to work together to most effectively protect human life and property, NOW, THEREFORE, BE IT AGREED BY THE DULY AUTHORIZED GOVERNING BODIES AS FOLLOWS: Section l. The entities agreeing upon the passage and approval of this agreement are: (1) City of Cape Girardeau; (2) � 1 . ;. , ��..,1 •..,,�s� City of Jackson; (3) City of Gordonville; (4) Fruitland Area Volunteer Fire District; (5) East County Rural Fire District; (6) Whitewater Community Volunteer Fire Department, Inc. ; (7) Delta Volunteer Fire Protection District; (8) Millersville Rural Fire District; (9) North Cape County Rural Fire District; (10) County of Cape Girardeau; and (11) Cape Special Road District. This agreement is for the interchange of services of the parties hereto upon the conditions hereinafter contained. Section 2 . Any fire department or municipality or county or special road district covered under this agreement agrees to respond to a request for emergency assistance upon call from the Fire Chief, or Incident Commander of any other fire department executing this agreement, or the Mayor or City Manager of any , City executing this agreement, or a County Commissioner or Emergency Preparedness Coordinator of Cape Girardeau County, or the Chairman of Chief Engineer of the Special Road District within the boundari�s of the party calling foi assistance. The . boundaries of each party to this agreement are attached hereto and incorporated by reference. In addition, the responding fire department, municipality, county or special road district shall respond only to life or death or extreme emergencies, or to a second fire alarm when the requesting department is out fighting first alarms. Personnel of each of the parties to this agreement shall respond to an emergency in the jurisdiction of another party only when requested as described above, and only to the . degree which the responding party is able to respond while still 2 ; � ' � .'..� .,_J' adequately protecting its own citizens. After responding, the responding party may withdraw, if necessary, to respond to a fire or other disaster in its own jurisdiction. Section 3 . This contract shall take effect immediately upon signing and be in force until December 31, 1995 . This contract is automatically renewable for additional five (5) year terms unless written notice is given thirty (30) days prior to the end of the five year term to each party executing this agreement. Section 4 . This contract may be terminated as to a participating party at any time during its term on the passage of an ordinance to that effect by the legislative body of that Municipality or an order of the County Commission or by certified resolution from a Rural Fire Protection District Board of Directors, or certified resolution by a Volunteer Corporation Board of Directors, or by certified resolution of the Special Road District, and written notice thereof given to all other parties hereto by serving on the City Clerk of such other � P4unicipality, the County Clerk of the County, any officer of the Rural Fire Protection District, any officer of the Special Road District, and any officer of the Volunteer Corporation,� a certified copy of such ordinance, order or resolution terminating this agreement. This termination shall take effect sixty (60) days from the date of service of such written notice. Section 5. Consideration for the services of the fire department and other emergency services of each of the parties in this agreement shall be the services given for the protection of , 3 • • ,'. , f '! . , . �� the lives and property in such Municipality, County, Rural Fire Protection District, Special Road District and/or area served by Volunteer Corporation, by the service of the fire department and other emergency services, of the other parties hereto, and no compensation shall accrue or be paid by any party for the service oF the fire departments or other emergency services of the other parties hereto. Section 6. Neither municipality or County or said fire district or special road district or volunteer corporation shall '' be liable to the others for failure to respond to any call by the other: of such municipalities or county or fire district or special road district or volunteer corporation, or for delay or negligence or mistake in receiving or responding to any call , nor shall this contract be interpreted as being an agreement for the benefit of any third party. Section 7 . Neither municipality or county or said fire district or special road district or volunteer corporation shall � be liable by reason of this contract to any fireman, official or employee or the other, nor shall any fireman, official or employee of either municipality or county or said fire ciistrict ' � or special road district or volunteer corporation be considered � � for any purpose a fireman, official or employee of any � municipality or county or said fire district or special road district or volunteer corporation other than the one by which he ' _ Y is regularly employed. , i Section 8. In case of loss or damage to the equipment or � 4 ' i f I. � . - . . {.�,�� ..:.�.� property of either municipality or county or said fire district or special road district or volunteer corporation while responding to a request for emergency assistance, such loss or damage shall be borne by the entity owning such equipment or property. Section 9 . This agreement shall take effect and be in force upon the passage and approval of an ordinance by the municipalities and county entering into this agreement and by the rural fire protection districts and volunteer corporations and special road districts entering into their minutes an appropriate resolution signed by the appropriate officers. Copies of the ordinances or the resolutions shall be exchanged between the parties upon the execution thereof, and attached to this document. Section 10. A majority of the governing body of each political subdivision entering into this agreement has authorized the execution of this agreement, as required by Section 70 . 300, RSMo, and a copy of the contract will be filed with the Missouri Secretary of State and Cape_ Girardeau County Recorder of Deeds. Section 11. This agreement is intended to replace any and all prior Mutual Aid agreements between any of the parties hereto. � ' � `� ; � l� � �. Date:� ���L7 .. ✓�, / � Date: j � 3� %� City Ma er, of Jackson Mayor, i y of Gordonville i te: -3//Lj ate:�-31-9l� i an, ruitland Area Chairman, a t County Rural olunteer Fire District Fire District 5 • : , �' V �...:..,� J ��'�''� �++.n3 � 7 i Date:�-��� � ���C� �, Date: � - 3� — 90 C airman, White ter Community ��airman, � elta volunteer Volunteer Fire istrict, Inc. �?ire Protection District t , 1 ' � -� ���0-i'�LDate:��'3i - qo - Date: ' Chairman, Mil ersville Rural Chairman, North C e County �', Fire District Rur Fire Dist ict j �� �� , � �'7'�2r'" �"`' �� Date:� -��-1I1 ate: �.T�l /�'�7 / City Manager, City of Cape esiding Commis ' oner, � Girardeau Cap irardeau ounty i . � Date: J 3/— (/ / tiDate: Chai , Cape � pecial Road Associa e Commissioner, Dis ict Cape Girardeau County i I �.c_-Date: �� � A oc e missioner, I Cape Gi arde u County � I i . i , i ; ' � ---...._..,...�,�� _.._ .. .c-F:.:i�;i 6 BILL N0. 90- 103 RESOLUTION N0 . � I A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A MUTUAL AID AGREEMENT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI , AS FOLLOWS : ARTICLE 1 . The Citv Manaqer , for and on behalf of the City of Cape Girardeau , Missouri , is hereby authorized to enter into an Agreement with the City of Jackson , City of Gordonville , Fruitland Area Volunteer Fire District , East County Rural Fire District , Whitewater Community Volunteer Fire Department , Inc. , Delta Volunteer Fire Protection District , Millersville Rural Fire District , North Cape County Rural Fire District , County of Cape Girardeau , and Cape Special Road District . A copy of said Aqreement is attached to this Resolution and made a part hereof . PASSED AND ADOPTED THIS � DAY OF , 19 q� � Francis E. Rho es , Mayor ATTEST: . � A. Dale D p ty City Clerk After a motion made by Presiding Commissioner Gene E. Huckstep, seconded by First District Commissioner Leonard F. Sander the following resolution was passed: RESOLUTION WHEREAS, the County Commission of Cape Girardeau County have reviewed an agreement titled Mutual Aid Agreement and attached hereto; WHEREAS, the County Commission of Cape Girardeau County deem it advantageous to enter into said agreement; AND WHEREAS, it is in the best interest of the county to enter into said agreement ; NOW THEREFORE, IT IS HEREBY RESOLVED that the county shall enter into a Mutual Aid Agreement between the City of Jackson, a municipal corporation, and the City of Cape Girardeau, the City of Gordonville, the Fruitland Area Volunteer Fire District� the East� County Rural Fire District� the Whitewat�er Community Volunteer Fire Department, Inc. � the Delta Volunteer Fire Protection District� the MilYersville Rural Fire District, the North Cape County Rural Fire District, and the Cape Special Road District. Dated: April 30, 1990 C GIRARDEAU CO NTY C MMISSION � � Gene E. uckstep Presi � g Commissi erj�� , , � �� ��� eonard F. nder; Firs District Com ssioner E. C. gho Second Di trict ommissioner . ' EST: ' Q R��ney ttiil er� County Clerk � Board of Directors Meeting May 17 � 199� The first order of business was the bid opening of concrete driveway at Han over Station . The bids were opened and read aloud . Concrete contractors present were from Hale Concrete and R & R Concrete . Bids opened in random order as follows ; Johnson Concrete Finsshers �4977 . 00 Thiele Concrete Contractors .p�419 . 00 Thiele Concrete F'inishin �5159 . 00 Lappe Cement Finishing �4337 •29 Hale Concrete $4362 .72 R � R ��503 .69 Fronabarger �6050. 00 Driskell Cement Finishers �59�b •75 With this business finished the regular meetin� opened . The April minutes were read and approyed . The Treasurers report was read and filed for audit . Fire Calls reported - small grass fire at Oriole , field burn off at Leta l�ahn residence ( she sent a check for 75 .00 for dept . to use as wished . ) Sharon Stich� is to sen� congratulations baby card to Chris Girard and �wife . Uld Business - The air conditioning .unit was purchased from Wolohan Lumber for �200 .00 and is being stored at the E�,ypt station . Ron said that Johnson Comm . took the tower�. down at Wolohan today and the cost will be $700 .00 . Nip Kelley said that the dept . could use any equipment to set the tower up . Kon asked if anyone heard that Cape City signed the New mutual aid agreement . Sharon heard on TV a little on sayin� that the county needs assistance they would her�p .Some facts of the agree- • ment are that the effective date ,signed til December 31 , 1995 • � It can be terminated in 60 da,ys it given a written not2ce . Al1 department heads will get together at the same time and place to be signed . � The Board of Directors approved the mutual agreement to be signed when the time and place is designa�ed. It will be signed by the Directors chairman. (Ed Bender) Ron will let him know when the date is set . "" Ron was not able to find out anything on the generator purchase . The boy scout event at Black Forrest went well with the dept . men and truck there for assistance . Ron presented an invitation he received in themail to the first bag maker start-up in the area at the M & W Plant . '; - -�. It was asked if dept . and firemen were goin� to help at the Egypt Fest this year. It was brought up it the Helping }iands group anci the ladies that help at the fires would like to take ca�e of the food stand and split the profits . Sharon is to let Ron know in a couple of weeks , Fon is to get in touch with Chris Simmons and see how they feel . Ron asked if the fire ladies could use the extra pagers . Sharon felt like it would be a good idea. The Salvation Army has offered to work at the fire scenes with the mobile kitchen . On the larger fires they would be very welcome . Sharon stated the soda machine at the Egypt station seems to be in the red , no solution at th� time . Ne�t spring marks the lOth anniversary of the fire department Thou�ts of moving the appreciation banquet to the spring to coicide :with the anniversary. Concrete at Hanover- Ron is to speak to Lappe Concrete as the low bid when he could start and to be sure he is in the specifications . Ron will find out and let the Boa�'d know. The trucks will have to out of the station for approximate � days . There is a possibility at a cost of approx. 1+�00 ,00 more to have an additive in the concrete to set in 24 hours . Ron is to ask Lappe about it . Does it change the strength of the concrete and at what cost . Ron is to check if a mechanic is coming to the area for work on fire truck. Meeting adjourned . Respectfully submitted� Karen Cotner. Sec . =/.� �1�c �l��frec li 8�� /L/c'��i.v� /�9'l �•r� /t-tt���.v R/ � ��9.cJ /�/v��t,c�L �f/i� .�,ee�c��rr_.ci� �' �,�5 �,���� ,�� S��a�a�.� By �r .�,� �/ye'�-lOc�.C'S G� 7��� �R7�� CJ� � (/0�2.(J�c"e.e � � ��2� J/ ,�,o��r�sP.v f ,�.c�� ��s.S'el� , �^� ��� �� � .5:��,�.��.�,�� ,�J.c�t/•�'19� � � { FRUITLAND AREA FIRE DEPARTMENT FRUITL.AND, MO At our May 8th meeting, we discussed the Mutual Aid agreement with the other departments. It was voted on and passed to sign a Mutual Aid agreement with the other departments. John Palisch, President �XHIBIT A RESOLVED, that the Board of Commissioners of the Cape Special Road District, a political subdivision of the State of �issouri, deems it advisable and in the best interests of the District to execute a mutual aid agreement for interchange of services to various organizations providing emergency services in Cape Girardeau County, Missouri, in the event of major disasters such as tornados, earthquakes, fires, flooda, hazardous chemical spills, or other hazardous catastrophes under the terms and conditions set forth in the attached "Mutual Aid Agreement", marked Exhibit B and incorporated by reference herein as if fully set forth. FURTHER, RESOLVED, that the Board of Commiasioners be and the same is hereby authorized and directed to execute and deliver said "Mutual Aid Agreement", marked Exhibit B, together with all other documents and agreements contemplated therein which may be necessary or advisable to effectuate said contract. � / By: Charles A Ju n, Jr , es dent Board of Commissioners Cape Special Road District Rt. 2, Box 549E Cape Girardeau, MO 63701 1 CERTIFIED RESOLUTION The undersiqned, Secretary of the Cape 5pecial Road District, a political subdivision of the State of Mlssouri, does hereby ratify that Exhibit A attached hereto ie a true and correct copy of a Resolution unanimously adopted at a meeting of the Board of Commissioners held on the � day of May, 1990, at which meeting all commissioners were present and voting. IN WITNESS my hand and seal of the Cape Special Road District this � day of 7� Z�t• , 1990. By: ,���t� ��j'�'L Secret y Board of Commissioners Cape Special Road District Rt. 2, Box 549E Cape Girardeau, MO 63701 ) ��rl �t�n ��rr���, r�r���r��;r,�rT nra ��r;^�[����r��T jjnR��llf;inn Tjnt � CR ''��� i'�1t.a "t.r�� �'rotr,cti�n i1i^trict r�t lts r�r*ular m��t;in�T nn �� !1 �� J ��1 n-�r��d *n t;}i� Mi�tual l�ic3 11F�.r��tn�nt ��ntwr�rn �11 r;ApA �..t.i.rr�rcl�n�� ('n��r�f := t�i ��� t�P���rtmert:a , thP Cit;,y of r�rA '�i.rs�rd��u , ttiic r;:� t;,y of ,7Ar�r��,n , t;}1� l;it,y ni' �or�3nnv171A , r�{�e ;'{�Pci �l. Ito+�d. 1:)i. str.t�t; , anc� C;ar� '� i r�i��]�s�u �'c�iant,,y r;�mmi�Ginn. ��� it: r�nc�lv�c3 tt»t r�11 �f'firAr:� �f hli� 1)�1tn F:irP Fr�ot;�f�t �,np T�i.,� rri.� �: ��?z•��c.j t� t;}Z3 � ��lutun.l �li.c� �r�rP�m�nt- . � , �� � �'`�'- � �<--�� ,Z'�.r,l�na�-, ;� , `����Ittn ,(A�l{enT-; ��rn� '�n j{; �. . , , ; Lr � , ii���' 'T t`/(�/':���.�,4';�-� C � 'r( _ ..rt,., .;i „� T�;�.pf•, � ,;� � . _ _,._ .. . . .nr+ n{.n'f'tV � � .� , i f,,' � %�� / - 7��;L- ,�,�� t i c'� 'y��('��c' � r1.nr '�•! �'.r}��.,n.�,,n ,, rr�,��fi^ �r��_. _ ._..___.. i V`�-V 1/ VJ _' VLGV� W ` V �l� � " tQ.A- �..�.� � � � . � fi�� � . _ . `�`�� � � � � �.� � . � � , � � � o ����;������.�� . �' ► � � � � : � �I�D I 1lT�N�E Na . 1 � � AN ORDINANCE TO ENTER INTO MUTUAL AID. Be it ordained by the Board of Trustees of the Villa�e of Gordonville, Missoiiri, as follows: SECTION I The board of trustees does hereby enter int.o an agrremeni: with all coiinL-y fire departrnents. City of Cape Girardeau� City of ,7arksr�n. �,nd C<<pE• Girardeau Caunty Commissi.on for mut»al Ui�.i ciuriny emer�encies . i SECTION II This ordin�nce shall be ]cnown as the M�itu��l Aid. � Ar�i-eement Ordlnanc� und shall take effe�.;t �ir�on ;:,dc.,(rtj pCl ��f ��i�di.n�anc�� �,r re�r�l�ition ��r :�ign�cl , .:a��rE_��rn�:r,t uf E:c�CI'1 or�,�unizati�:�n ir►volve<i . . - , � ",�- f SEC'TInN III All ordinances �r ��ur�s of oi din�anr,es in conf 1 1 ct r i; with thi �� ordinance are heret�y u1-,��f.alecl f nsofbr � � � a� t.h���y c;f�l1�� 1G't'. Ilf�rewith. t ', ' � SECTIc�N IV T1�►is �rdinance is to tuke effect. unc:l be in full Ef�i-ct? CL��Ill and after the dat��� ��f it� ��as�a��c ._�nd �_i�:�i,i�ov�al . � � > > / L'A,�SED AND 11PPROVED TfizS----�---- DAY OF ��`"� �`� 1990. --- --- - ----------------� / i ,�.� , l/� .. ,; .,: , ATTEST /) �,�,� � J��� J(� / � / �/r,, �� /�i�.� �: — EiLl�(GL.�1_1.�LL��c4.__ � �`G�`� � /�/�..�.�C- � �` �. _S�--_._-----'---'----'�--=--�'_�—'-'.— --.__._.. � •:ame�; R. Yici�,i Charles U. Sl�:�ltnri Clerk �haii-man of the �r,ard ��?� ��%�`�' `� � / l � r , `� � � �� � o��� �� � �,� r ' ���J � ���'� � � � � � � __ --�'� �� ' '� �°-�-�--�. �� � ki� � - ..si ' , �� �`` � �� �� � � � ��� �� � � � �� � � _ -��� �� � BILL NO. JO111b(p ORDINANCE NO. -:::'M - AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF JACKSON, MISSOURI, TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY AND THE CITY OF CAPE GIRARDEAU, THE CITY OF GORDONVILLE, THE FRUITLAND AREA VOLUNTEER FIRE DISTRICT, THE EAST COUNTY RURAL FIRE DISTRICT, THE WHITEWATER COMMUNITY VOLUNTEER FIRE DEPARTMENT, INC. , THE DELTA VOLUNTEER FIRE PROTECTION DISTRICT, THE MILLERSVILLE RURAL FIRE DISTRICT, THE NORTH CAPE COUNTY RURAL FIRE DISTRICT, THE COUNTY OF CAPE GIRARDEAU AND THE CAPE SPECIAL ROAD DISTRICT RELATIVE TO A MUTUAL AID AGREEMENT; FURTHER SAID ORDINANCE SHALL AUTHORIZE AND DIRECT THE CITY CLERK TO ATTEST THE SIGNATURE OF THE MAYOR. WHEREAS, the Mayor and Board of Aldermen have heretofore reviewed a contract marked Exhibit A and attached hereto and incorporated herein as if fully set forth; and WHEREAS, the Mayor and Board of Aldermen of the- City of Jackson, Missouri, deem it advisable to enter into said contract. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF JACKSON, MISSOURI, AS FOLLOWS: Section 1. That the Mayor and Board of Aldermen of the City of Jackson, Missouri, approve the contract marked Exhibit A and attached hereto and incorporated herein as if fully set forth between the City of Jackson, a municipal corporation, and the City of Cape Girardeau, the City of Gordonville, the Fruitland Area Volunteer Fire District, the East County Rural Fire District, the Whitewater Community Volunteer Fire Department, Inc. , the Delta Volunteer Fire Protection District, the Millersville Rural Fire District, the North Cape County Rural Fire District, the County of Cape Girardeau and the Cape Special Road District. It is the belief of the Mayor and Board of Aldermen that it is in the best interest of the citizens of the City of Jackson, Missouri, that the City enter into said contract. Section 2. That the Mayor be and he is hereby authorized and directed to execute said contract for and on behalf of the City of Jackson, Missouri. Section 3. That the City Clerk of the City of Jackson is - 2 - such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. Section 5. That this Ordinance shall take effect and be in force from and after its passage and approval. FIRST READING: I"I ~I 0 SECOND AND THIRD READINGS:: �q 1 � \CI vl PASSED AND h'APPROVED 4h v-� V this Iday of 19 QO by a vote of I ayes, C) nays, CD absteen-Zns and absent. CITY OF JACKSON, MISSOURI (SEAL) HY: ri A. ATTEST: Mayor • J, City Clerk