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HomeMy WebLinkAbout1983 Ordinance No. 055I I ORDI NANCE NO , 5 5 SERIES OF 198_3 __ BY AlJ!'HORI TY COUNCI L 13JLL NO. 56 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING AN AGREEMENT WITH 'lllE CITY OF LITTLETON , LITTLETON FIRE DEPAR1M ENT , PROVI DING r'OR Ml11'UAL AID/Al1l'OMATIC AID FOR F IRE PROTECTION FOR BCY!'H EN T I'r!ES, WHEREAS , assistance fr001 other fi r e protection agencies prov ides a higher l evel of protection for the City of Englewood; NOW, "1iEREFORE , BE IT ORDAINED BY 'lllE CI TY COUNCI L FOR 'ftlE CITY OF ENGLEWOOD , COLORADO : &sc tion l. That an agreanent entitled "t-ru tua l Aid Ag r eanent " is hueby approved by the City Counci l. said agr eement provides as follow s : MlJ!'UAL AID AGREEMENT 'llllS AGREEMEm' made by and between the LI'M'LETON FIRE DEPAR1MENT , hereinafter called "Littleton", and the ENGLEWOOD F IRE DEPARTMENT , hereinafter called "Engle· cl ," W11'NESS I , .. !AT WHEREAS , Little ton i s a municipal corporat10,, or a quasi- municipal corporat i on and its territori al jurisdict ion gener a lly is the legal boundaries of the Littleton Fire Protection District ; and WHERF.AS , Englewood is a muni cipal corporation organized and existing pursuant to Article XX of the Colorado Constituti on , its Cha rt e r, and Ordi nances; its territorial jurisd ictil.n general ly is the legal bounda ries of the City of Eng l e wood , Co l orado ; and WHEREAS , each of the pa r ties hereto maintains energency equiEXTI<'nt ; and WHEREAS , energ encies may arise in one or the o her of the jurisdi ctions of the parties resulting in greater denands than the manpower and equipment of that party can handle ; or emergenci es of such intensity may occur that they cannot be handled sol ely by the equi[lllent of the party in who se jurisdiction the emergency occurs; a nd WHEREAS , it is to the in ter es t of each of the parties that they may ha ve service of and fran the other pa r ty to a id and ass i s t them in the purpose of fig hting f ires or responding to other energencies ; NOW , 'lll EREFORE , IT IS MIJl'UMLY AGREED by and between the parties as follows : I. MUTUAL AID 1. Fo r and in considerat ion of the pranises of Littleton , her einafter set forth , Englewood ag r ees with Littleton that in the even t there are ene rgencies in the territory served by Li ttleton which are beyond the control o f the fire depar tment of Little ton , wh ethe r because of their equipment at other places or because of the intens ity of the anerge ncy , or otherwise , Englewood ag r ees , subject to the limita tion herei nafter sEt fo r th , to a i d and a ssist Li ttlet on by causing and permitting its fi re depa r tment a nd its equ ipment to be used i n responding to emerge ncies in the territorial area of Littleton , and the need for such aid and ass i stance shall be determined by the fire department of Littleton ; subject , however , to the following limitations : Englewood shall be excused fran making its equipment and services available t o Littleton in the event of the need of the eme r gency equipment and the manpower within the territor ial a r ea of Englewood , or their prior use a t a ny place, which decision of availability sha ll be made by the fire department o f Englewood , and which decision shall be c onclusive . 2 . For af'ld in cons i deration of the pran ises of Englewood , he r einafter set forth , Li ttlet on ag r ees wi th Englewood that in the event there are fi res or othe r energencies in the territor y served by Englewood which a r e beyorrl the control of the Fire Depa rtment of Englewood , whether bee use of use of thei r equipment at other places or because of the i ntensity of the emergency , or otherwise , Littleton agrees , subject to the 1 im i ta- t ion he rei nafte r set forth , to aid and assist Englewocd by causirxJ and permitting Litt l eton Fire Department a nd equ ipmen t to be used in responding to emergencies in the t e rritori a l a r ea of Englewood , and the need fo r such a i d and assistance shall be determined by the Fi re Department of Englewood ; subject , however , to the fol.1 .owing limitation : Li tleton shall be e xcused fran making its equiµnent or serv ice available to 8nglewood in the event of the need of the emergency equipment or need of th e manpower within th e territorial a rea o( Littleton, or their prior use of any place , which Cecisi.on of ava ilability shall be made by the Fire Depa rtment of Littleton , and which decision sha ll be conclusive . 3 . The services rendered by on e party to the other are of equal value to the servkes rendered by the other party , and there sha ll be no charges made by the one party for the services r endered to the other party , except that in the event of equi~nt damage by r e ason of the act ion o f the enployees of the other party , the liabi li tv and loss shall be determined on the basis of the fault or negiigence of any enployee . If the enployee is determined to be a t fault or negligent , the party enploying that enployee sha ll be !.iable for the loss . 4. Each party shall be ex pected to maintain its equiEXTient and organize its energency r e sponse r,iethcxl with both manpower and equipn,,nt to the degree necessary to cope with the ordinary and routine anerge ncies arising within its boundari es and for which the party is organized. Neither party shall expect the other to r espond to emergency ca lls where the emergency arises due to a failure to organize ava ilable manpowe r or maintain equipnent in proper working order and in sufficie nt quantity to meet the respect ive demands o( the persons and property within each of the pa rty 's respective jurisdict ions . l I. AU'l'OMI\TI C AID 1. It is und e rstood and ag reed that the Englewood Fire Department (punp ar units) will respond fron Station #2 (Fede ral Station) and/or Station #3 (Acoma Station) into Littleto n as part of the initia l r esponse through autr,natic dispatching by Littleton dispatchers into the below defined areas ; a nd that Littleton Fire Depa rtment will respond fron Station #1 and Station #2 into Englewood 's district as part of the initial response th rough auto- matic dispatching by Englewocxl dispatche rs into the below defined ar eas : Generally e xte ndi ng East and Wes t fran the 800 bl ock East to the 5600 block West; and South and No rth fran the 5500 block South ( in Littleton) to the 4500 block South ( in Englewoo:l); and t o also include the portion of Bow Mar between Bow Mar Drive and South Sher idan Boulevard . I I I. OTHER PROVI S IONS l. Either party hereto may terminate this contr act without c ause upon thirty (30) days ' prior wri tten noti ce to t he othe r. IN WITNESS WHEREXlF , the parties hereto have executed this Ag reement this day of ______ , 1983. LITTLETON FIRE DEPAR™ENT By Pres ident of City Council By-=Pr_e_s~id-s-e-n..,t~E'i~r-e"""'o""'i_s.,..tr-,-c.,..t """'Boa=---crd,---- By---=-.,,..-,--,--c----a,...-....,----Fi r e Dep a rtment Director APPROVED A.5 '11) FORM : Ci t y Attorney Section 2 . ENGLa-/00D FIRE DEPAR"l"©IT By-:----,-~_,-,--.,,.---Eugene L. Otis , Ma yor Attest: Gary R. Higbee, ex officio Ci ty Cle rk-Treasurer By James M. Branan Fire Oi i ef '!'he City Council of the City of Englewood he r eby authori zes the Mayo r a nd ex o f fic i o City Clerk -Treasure r t o sign a nd a ttes t the same for and in behalf of the City of Englewood . Section 3 . All pr ev ious agreements r elating to mutua l a id/ autanatic a i d with the City of Li ttleton a r e hereby revoked . Introd uced , read in full , and passed on first reading on the '.7th day of October , 1983 . Published as a Bill for an Or dinance on the 19th day of October , 198 3. Read by title and passed on final read ing on the 7th day of Novanber , 19 83 . I I Published by title as Ordinance No._5_5 __ , Series of 1983 , on the 9th day of Noverber , 19 83 . /s / Euge ne L. Otis Attest: Eug ene L. Otis , Mayor /s/ Gary R. Higbee ex officio City Clerk-Treas ur er I, Gary R. Higbee, ex officio City Clerk-Treasure r of the City of Englewood , Co lorado , he r e by certify that tht! above and fo regoing is a true , accura te and c-anp l ete copy of the Ordina nce passed on fi na l reading and publis hed by title as Ordi nance No. 55 , Seri es of 1983 . -- /s/ Gary R. Hi gbee Gary R. Hig bee