HomeMy WebLinkAbout1984 Ordinance No. 004ORO I NAICE 00.
SER IES OF 1984 -
BY AUTHOR! TY
CCXJNCIL BILL 00 . 2
INJ'ROOOCED BY cnJNCIL
MEMBER BRADSHAW
AN ORDINANCE APPROVI NG AN AGREE2'1ENT WITii 'lli E CASrLEl-1000 FI RE
PROTEX:r!ON DISTRICT , PROVIDING FOR MlTl'IJAL AID FOR FIRE PRO'r EX:rION
FOR BOTH ENTITIES.
WHEREAS , assistance fran othe r fire protection agencies
provides a higher l e vel of pro t ect i on fo r the Ci ty of Eng lewood ;
OOW , THEREFORE , BE IT ORDAINED BY TilE CJ'rY CXXJNCIL FOR 'lll E
CITY OF ENGLEWOOD, (l)LORADO :
Sect ion l. That a n agreement enti tled "~tual /l id Agreemen t" is
hereby approved by the City Co uncil. Said agreement prov i des as
follows :
Mlll'UIIL Ill D IIGREEMENJ'
THIS AGREEMENT , made by and between the CASrL~WOOD FIRE
PROTEX:!'ION DI S'rRlCl', herei nafte r called "Cast lewood," a nd the
ENGL EWOOD FIRE DEPARTMENT , here inafte r cal l ed "Englewood,"
WITNl::SSE'nl 'JHIIT
WHEREAS , Castlewood is a fire protection dis tr ict organ ized
a nd e xisti ng unde r Pa r t 3, Cha pte r 32 , of the Color ado Rev i sed
Sta tutes ; and
WHEREAS , Engl e wood i s a municipal corpor ation o r gani zed and
exist ing pu r suant to Article XX of the Co lorado Constituti on , its
Charter , aud Ord i nances ; its territorial j ur isdict i on generally is
the legal boundari es of the City of Eng l ewood , Colo rado ; and
WHEREAS , a.1c h of the parties hereto maintains anergency
equ ipment; and
WHEREAS , ane rg encies may ri se in on e or th e other of the
jurisdict ions of the pa rti es resulting in greater demand s tha n the
ma npower and equipment of that party ca n handle ; or m e r gencies of
such inte ns i y may occur that they cannot be hand!'<l sol e l y by the
equipnent a( the pa rty in whose jurisdiction the ei.crgency occurs ;
a nd
WHEREAS , it is to the interest of each of the part i es that
they may have service of a nd fran the other party t o aid and assist
t hem in the purpose of fighting fires or responding to other
energ enc ies ;
NOW , THEREFORE , IT IS Mlll'UALLY AGREED by and between the
part i es as follows:
I . Mlll'UAL AID
1. For and in consideration of the pranises of
cast l ewood , he r einafter set forth , Englewood agrees with castlewood
tha in the event there are 011ergencies in the territory served by
Castl e wood which are beyond the control of the fire depar tment of
castlewood , whether because of their equipment at other places or
because of the intensity of the anergency , or otherwise , Englewood
ag r ees , subject t o the limi tat ion here inafter set forth , to aid and
assist castlewood by causing a nd permitting its fire department and
i ts equ ipmen t to be used in responding to 011ergencies in the
ter ri t ori al area of castle wood , and the need for such aid and
ass istance sha ll be determined by the fire departme nt of castle-
wood ; subject however , to the following limitations:
Englewood shall be excused fran making its equipment and
services availa ble to Castlewood in the event of the need of the
emergency equipment and the manpowe r within the t erritori al area of
Englewood , or their prior use at any place , which decision of
availability shall be made by the fire depar tment of Englewood , and
which decision shall be conclusive .
2 . For and in consideration of the pranises of
Englewood , hereinafter set forth , Cast l e wood agrees with Englewood
that in the event ther e are fires or othe r 0Tierge nci es in the
ter ritory served by Englewood which are beyond the control of the
Fire Depa rtment of Englewood , whether because of use of their
equipment at other pl aces or because of the intensity of the
emergency , or othe rwise , Castle woc.d agrees , subject to the limita-
tion hereinafter set forth , to aid and assist Engle wood by caus ing
a nd permitt ing Castlewood Fire Department and equipment to be used
i n resfX)nding to energencies in the territori a l area of EngleWOOO ,
and the need for such a id a nd a ssistance shall be determ ined by the
Fire Depa rtment of Engle wood ; subject , howeve r , to the following
ti mitat ion :
Castle wood sha ll be excused fran making its equipment or
se r v ice available to Eng l ewood in the eve. of the need of the
011e rgency equipment or need of the manpo "'=r within the t e rritorial
area of Castlewood , or the ir prior us~ of any pl ace , 1n-hich decision
of a vailability sha ll be made by the Fire Department of Castlewood ,
and whi ch decision shail be conclusive .
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3 . The services rendered by one party to the other are
of equal value to the services rendered by the other pa rty, and
the re shall be no chrges made by the one party for the services
r e ndered to the other party , except that in the event of equii:xnent
damage by reason of the action of the employees of the other party ,
the liability anti loss shall be determined on the basis of the
fault or negligence of any employee. If the employee is determined
to be at fault or negligent, the party employing that employee
sha 11 be liable for the loss.
4. Each party shall be e xpected to maintain its
equii;xnent and organize its emergercy r es ponse method with both
manpower and equii;xnent to the degree necessary to cope with the
ordi na ry and routine anergencies arising within its boundaries and
for whi ch the party i s organized . Ne,ther pa rty shall expect the
other to respond t o emergency ca lls where the emergency arises due
to a failure to organize available ma npower or ma intain equii:xnent
in proper working order and in sufficient quantity to meet the
respect ive demands of the persons and property within each of the
party 's respective j urisdictions .
!I . CYl'HER POOV I SIONS
l. Either party hereto may te rmin ate this contract
without caus,a upon thirty (30) days ' prior written notice to the
othe r .
IN WITNESS WHEREOF , the pa rties he r eto have executed this
Agreement this ___ day of _____ , 1984 .
CASTL&/000 FIRE PRDTOCT ION DISTR ICT
By
Attes t:
Secretary of the Board
By -E".,eoiTe
ENGL&/000 FIRE DEPARfflENT
By
~gene L. Otis , Mayor
Attes t :
Gary R. Higbee , ex of ficio
Cit, Clerk-Treasurer
By
James M. Branan ----
Fire Olief
Section 2 . The City Council of the City of t>:igle wood hereby
authorizes the Mayor and ex o fficio City Clerk-Tre asur er to s ign
and attes t the same for and i n behalf of the City of t>:iglewood .
Section 3 . All previous agreements r elating to mutual aid with
the :iancroft Fi r e Protection Dist rict are hereby revoked .
Introduced, r ead in full, and passed on fir st r eading on the
16th day of January , 1984 .
Published as a Bill for an Ordinance on the 18th day of
Janu a ry , 1984 .
Read by ti tle and passed on fina l r eading on the 6th day of
Februa ry , 1984 .
Published by t itle as Ordinanc e No . ___ , series of 1984 , on
the 8th day o f Februdry , 1984.
Attes t :
s Gary R. !ligbcc
ex ofoc10 City Clerk-Treasure r
_LsLE.u.Qene L pt is
Eug ene L . Otis , Mayor
I, Ga ry R. Higbee , ex of fici o City Cl e rk-'I're su r er of the City
of Englewood , Colorado , hereby ce rtify tha t the a bove and fo r ego ing
is a true , accur a t e and compl ete copy of the Ord inance passed on
fina l r eadi ng and pub li shed by ti t l e as Or di nance No . 4 , series
of c984 . ---
I s -' Ga r y R . Higbee
--GacyR. Higl>ae