HomeMy WebLinkAbout1984 Ordinance No. 003I
ORDINANCE 00 .
SER I ES OF 19a4 __ _
BY AUTHORITY
COONC IL BILL 00. l
INTRODUCED BY OXJNCI L
MEl-lBER NEI\L
AN ORDINANCE APPROVING AN AGREEMENT WITH 'll!E CITY OF Sfl ERIDAN,
PROVID I NG FOR Mtm.11\L AID FOR FIRE PROTOCT ION FOR llOTII ENT l 'rIES.
WHEREAS , ass istance fran othe r fire protection agencies
prov ides a higher l evel of protection fo r the City of El'lglewoocl ;
NCM , 'll!EREFORE, BE IT ORLo!N ED BY 'll!E CITY CXlUNC!L FOR 'll!E
CITY OF ENGLEWOOD , CXlLORAOO:
Section l.
'nia t a n agreement entitled "11.Jtu a l Aid Agreement " is
he reby approved by the Ci ty council. Sa i d ag reement provides as
fo llows :
~llll"U!\L AID IIGRE EMF,NT
'fliI S AGREEl"IENT , mirle by a nd between the SHERIDAN FIRE
DF.PI\R™1'1'1T , here inafter called "Sheridan ", a nd the ENGLEl-100D F IRE
DEPI\R™rnT , here inafte r ca lled "Engle wood ,"
WITNESSETH 'Illl\T
WHEREAS , Sheridan is a muni ci pal CO Lpor ati on org ani zed and
e xist ing purs ua nt to Article XX, Section 6 , o f the Co lorado
Cons t itution ; its t e rri torial jurisdiction genera l lt is the lega l
boundaries of the City of Sie ridan, Color a do ; and
hHEREAS , Eng lewood is a mu n ic i pal corpora t ion organ ized and
existi n pur suant to Ar ticle XX o f the Co lorado Cons tituti o n, its
Cha rter , and Ord i nances ; its te r r itorial jurisd i ction genera l ly is
the legal bounda ri es of the City o f Englewood , Co l o r ado ; and
WH ERl':IIS , each of the par ties her eto maintai ns 011ergency
equiprlent ; and
WHEREAS, energenc i e~ may ari se in one or the oth r of the
j urisdict ions of the pa r ties resul ting in g rea t e r demands than the
manpower and equ i pnent of tJ1at party can hand l e ; or emergencies of
such intensi t y may occur that they canrot be handled solely by the
equipment of the party in wh ose jurisd iction the 011ergency occu u ;
and
WHEREAS , it is to the interest of each of the parties that
they may have service of and fran the other party to aid and assist
them in the p.,rpose of fighting f ires or tesponding to other
energenc i es ;
NOW , 'lliEREFORE , IT IS MlJl'UALLY /\GREED by and between the
pa r ties as follows:
I. MlJl'U I\L AID
1. E·o: and in considerat ion of tht: pranises of
Sher idan , hereinafter set forth, Engle\,ood agrees with Sheridan
that in the event there are anergencies in the territor y ser ved by
Sheridan which are leyond the control of the fire department of
Sheridan , wh e ther b&,ause of their equipment at other places or
because of the in t t::O,.:i i ty of the anergency , or otherwi se , EngleWOOO
agrees , subject t o the limitation herei nafter set fo rth , to aid and
ass i st She ridan by causing and perm itting i ts fire department and
its equipment to be used in r esponding to anergencies in the
te r ritoria l area of Sleridan , and the need for s uch ai d and
ass istance shall be determined by the fire depar tment of Shoeridan ;
s ub ject, howev e r , to the following I imita tions :
Englewood shall be excused f ran making its equipment and
scrv ices available t o Sheridan in the event of the need of the
anergency equipment and the manpower within the terri torial area of
Engle wood , or their prior us e at any place , \J"\ich decision of
avai lability shall be made by the fire department of Englewood , and
which decision shall be conclusive .
2 . For and in consideration of the pranises of
EncJ lewo<Xl , hereinafter set forth , Sher i dan agrees \<Jith Englewood
that i n the event there are fir es or othe r anergencies in the
t e rritory served by Englewood which a r e beyond the control of the
fire Depa rtment of Englewood , whether because of use of thei r
equipment at other places or because of the intensity of the
emerge ncy , or otherw ise , Sher idan agrees , subject to th e limita-
tion he r e inafter set forth , to aid and ass ist Englewood by causing
and perm itting Sheridan Fir e Department and equipment to be us ed in
r esponding to emergencies in the territorial ar ea of Engle wood, and
the need for such a i d and assistance shall be determined by the
Fi r e Depa rtmen t of Englewood; subject , ho"-'?ver , to the following
l imit r'i tion :
Sheridan sha ll be e xcused fran making its equipme nt or
s,,rvice ava ilable to Engle\<Jood in the e ven t of U1e need of U1 e
emergency equipment or need of the manpower \<Jithin the territorial
area of Sheridan , or their prior use of any place , which decision
o f ava ilabi lity shall be made by the fir e Departme nt of Sheridan ,
and which decision shall be conc lusive .
3. The services rendered by one party to the other are
of equal value to the ser vices rendered by the other party , and
ther e sh11ll be no char ges made by the on e party for the services
rendered t o the ot her party, except that i n the event of equipment
damage by reason of the act i on of the emp l oyees of the other party ,
the lia b il ity and l oss sha ll be determined on the basis of the
f au l t or neg ligence of any employ,se . If the employee is dete rmined
to be at fa ul t or negligent , the party employing that employee
s hall be liable fo r the l oss.
4. Each pa r ty s hall be expected to ma inta in its
equipment and organ i ze its emergency respons e method wi h both
manpower and equipment to the degree necessary to cope with the
ordinary and routine anergencies arising within its boundari s and
for which the party is organized . Neither party sha ll e xpec t the
othe r to r espond to eme r gency calls ..tl e re the emerg ency arise s due
to a failure to organ ize availab le manpo..,r or mainta i n equipment
in proper working order and in sufficient quantity to meet the
r espect i ve demands of the persons and property with i n each of the
oarty 1 s respective jurisdictions .
I I . CYJllE R PROVI S I ONS
l. Eithe r pa rty he r e to may e rminate thi s contract
without cau se upon th i rty (30) day s ' pr io r wr itt e n notice to the
othe r .
IN WITN ESS WHEREOF , the p.:,r t i<>s he r e t o ha ve executed thi s
Agr eement thi s ___ day o f _________ , 1984.
SH ER ID AN FI RE DE P/R'll1ENT
By
Mayor
By
ITre Ccmn lssTone r
F i r e O,[e (
lliGLEWOOD FI RE DEPAR'IMENT
By
Eug e ne L. Ot is , Mayor
Attes t:
Ga ry R. Higbee , ax officio
City Cle rk -Treasurer
/IPPROVED /IS TO FOHM:
City Attorney
By ________ _
James M. Branan
Fire Olief
Section 2 . The Ci t y Counc il of the City of Englewood her e by
au thorizes the Mayor and ex offi cio City Clerk-Treasure r to sign
and attest the same for and in behalf of the City of Englewood .
Sect ion 3 . Al l pr e v ious ag r eenents rela ting to mu t ual aid
wi th the City of Sleridan are her eby r e voked .
ed
Introduced , r ead in full, and passed on first reading the
16th day of Janua r y , 1984.
Published as a Bill for an Ordi nance on the 18 th day of
Janua ry , 1984.
Read by t itle a nd passed on final reading on the 6th day of
Fe b rua ry , 1984 .
Published by title as Or dinance No . 3 , Series of 198 4 , on
the ~ day of F ebruary , 1984 .
llt t e st:
/s/ Gary R. Higbee
ex off i c i o City Cle rk-Treasure r
/s / Eugene I.. Otis
Eug ene L. Otis , Mayor
I , Gary R. Higbee , ex o f ficio City Cl e rk-Treasure r of the Ci ty
o( Eng l ewood , Co l orado, her e by certify that the above and foregoing
is a true , accur a t e and canplete copy o f the Ord ina nce passed on
f ina l r eading and published by t itle as Ord ina ne~ No . J , Series
o f 1984 . ---
/s/ Gary R. Higbee
Gary R. Higbee