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HomeMy WebLinkAbout1990 Ordinance No. 045,,,.--_ I 9 ' BY AUTIICIUTY ;/C CIIDINANCE 00.~ SEUES OF 1990 COONCIL BILL NO. 45 INrRaXJCm BY CXXJNCIL MEMBER KOLTAY AN CIIDINANCE APPROVING AN .AGRm!Effl' WITH ~ FIRE PRO'l'Ex:TICl'I DISTRlCT PRJ\IIDING FCR MJruAL/Atm:M!'.TIC AID FCR FIRE PRCmX:TICl'I FCR EIOI1I ENl'ITIES. WHEREAS, assistance frcrn other fire protection agencies provides a higher level of protection for the City of Englewood; Na-I, THEREFORE, BE IT ORDAINED BY THE CITY <lXJNCIL OF THE CITY ~ ~' COI.aWXl • THAT: Section l. That an agr-,.,nt entitled "Mutual Aid/Autcrnatic Aid Agreementli'Ire) 1990" is hereby approved by the City Council. Said Agr-,.,nt provides as follows: MlffllAL AlD/AtJl'G1ATIC AID .AGRm!Effl' (FIRE) 1990 'rHIS AGREEMENl', made by and betl.een the Cl'rY OF ENGLEKXD, CXlL<lWlO, a municipal corporation, hereinafter called "Englewood, 11 and CAS'IUHXXl FIRE PRCmX:TICN DISTRICT, hereinafter called "Cllstlewood." WITNESSETII WHEREAS, Englewood is a =icipal corporation organized and existing pursuant to Article XX of the Colorado Constitution, its O!arter, its ordinances; its territorial jurisdiction generally is the legal boundaries of the City of Englewood, Colorado, and WHERU\S, Cllstlewood is a fire protection district organized and existing under Part 3, O!apter 32, of 1973 C.R.S.; and WHEREAS, each of the parties hereto maintain emergency equiµrent; and WHEREI\S, emergencies may arise in ooe or the other of the jurisdictions of the parties, r esulting in greater demands than the manpc,.,er and equiµrent of the party can handle; or emergencies of such intensity may occur that they cannot be handled solely by the equip,ent of the party in whose jurisdiction the eirergency occurs; and WHEREAS, it is to the interest of each of the parties that they may have service of and frcrn the other party to aid and assist thsn in the purpose of fighting fires or responding to other emergencies; -l - NCM, THEREFORE, IT IS MU'ruALLY AGREED by and between the parties .. ,,..... folla.,s: ( , I. MUTUAL !UD: l. For and in oonsideration of the pranises of Castlewood, hereina.cter set forth, Qiglewood agrees with Castlewood that in the eve11t there are erergencies in the territory served by Castl!!"'.xxl which are beyond the control of the fire department of Castlewood, whether because of use of their equipnent at other places or because of the intensity of the emergency, or otherwise, Qiglewood agrees, subject to the limitation hereinaft•,r set forth, to aid and assist Castlewood by causing and permitting its fire df,part:ment and its equipnent to be used in responding to erergencies in the territorial area of Castlewood, and the need for such aid and assistance shall be determined by the fire departnent of C..Stlewood, subject, hc>,,ever, to the following limitations: 2. Qiglewood shall be excused fran making its equipnent and services avail.able to Castlewood in the event of the need of the errergency equipnent and the manpc,.er within the territorial area of Qiglewood, or their prior use at any place, which decision of availability shall be made by the fire division of E)}glewood, and which decision shall be oonclusi ve. For and in oonsideration of the pranises of Englewood, he1:einafter set forth, Castlewood agrees with Qiglewood that in the event there are fires or other errergencies in the territory served by Englewood which are beyond the oontrol of the fire division of Qiglewood, whether because of use of their equipnent at other places or because .:,f the intensi ty of the emergency, or otherwise, castlewood agrees, subject to the limitation hereinafter set forth, to aid and assist Qiglewood by causing and permitting Castlewood equiprent to be used in responding to ...ergencies in the territorial area of E)}glewood, and the need for such aid and assistance shall be determined by the fire division of Englewood, subject, ro.,,ever, to the following limitation: Castlewood shall be excused fran making its equip,ent or service available to Englewood in the event of the need of the errergency equip,ent or need of the manpc,.er within the territorial area of Castlewood, or their prior use at any place, which decision of availability shall be made by the fire depart,rent of Castlewood, and which decision shall be oonclusive . 3. Each party waives all c laims and causes of action aga.inst the other party for c:a,pensation, damages, personal injury or death occurring as t consequence, direct or indirect, of the performance ,:,f this Ag.reement. -2 - C 4 • F.ach party shall be eMpected to maintain i ta equiprent and organize its emergenc-J response rrethod, with both manix-r and equiprent, to the ~,;r ae necessary to oope with the ordinary and routine emergencies arising within its boundaries and for which the party is organized. Neither party shall expect the other to respond to emergency calls where the srergency arises due to a failure to organize available manpo,,er or maintain equiprent in proper working order and in sufficient quantity to rreet the respective demands of the persons and property within each of the parties' respective jurisdictions. II. l\11l'CM!\TIC l\ID: l. 2 . It is understood and agreed that the Englewood Fire Division will respond fran Station #21 and/or Station #23 into Castlewood Fire Protection District as part of the initial response through autanatic dispatching by Castlewood dispatchers ir.to the below defined areas. DEFillED ARFA -~. generally bounded by Clarkson Street on the West, University Boulevard on the F.ast, East Kllnl>den Avenue on the North ( including the Oierry Hills Heights subdivision), and South Sherman Street (5400 block South) oo the South. Additionally, for panel alarms in A and E occupancies only, coverage will also extend to an area generally bounded by University Boulevard on the West, F.ast Hanpden Avenue on the North , Colorado Boulevard on the F.ast, and Quincy Street ai the South (to include Kent Country Day School). It is understood and agreed that the Castlewood Fire Department will respond fran Station #37 and /or Station #38 into Englewood's district as part of the initial response thrOJgh autanat ic dispatching by Englewood's dispatchers into the below defined areas. DEFINED AREA -ENGLEl-o:D : generally extending East and West fran the East city limits to South Logan Street, North and South fran Dartmouth Avenue to Tufts Avenue. III. OfflER PROVISICNS: l. Either party hereto may tenninate this contract without cause upon thirty (30) days prior written notice to the other. -3 - IN _WJTNESS WKERWF, the parties hereto have l!lCBCUt~ this Agreerrent this 5~ day of -~--••• , 1990. Cln' OF ~ By~ ~ •••••• SUsan an e, :~: .. ;()_ ............. . Director, Serv1ceP Allan F, ,\'ITEST: Introduc~, read in full, and passed on first reading a, the 1st day of october, 1990. Published as a Bill for an Ordinance a, the 4th day of Q::tober, 1990. Read by title and passed on final reading ai the 15th day of october, 1990. Published by title as Ordinance No. i.5. Series of 1990, on the 18th day of o::tober, 1990. Patricia H. Crc,,,, City Clerk I, Patricia H. Crc,,,, City Clerk of the City of. Siglewood, Colorado, hereb-J certify that the above and foregoing is a true cqry of th<! Ordinance passed a, final reading and published by title as Ordinance No. '§, Serie■ of 1990. {:),_ .. ~ / /l , ~ -4 - COUNCIL COMMUNICATION DATE October I , 1990 AGENDA ITEM 11 (c) SUBJECT Ordinance providing automatic/mutual aid ,vlth Castlewood Fire Protection District INITIATED BY Initiated by : Department of Safety Sen1ces STAFF SOURCE Chris Olson , Executive Officer ISSUE/ACTION PROPOSED Ordinance approving an automatic/mutual aid agreement between tl1e City of Englewood and Castlewood Fire Protection District. PREVIOUS COUNCIL ACTION None pertaining to Castlewood. s·. •;;·F ANALYSIS This ordinance Is co nsistent with oth er sen1ce agr~ements for a id and cooperati on . BACKGROUND Pre,1ous agreer .ents were In effect between Cherry Hills Fire Protection District and Englewood . When Cherry H!Us was absorbed by Castlewood, a new agreement for aid was necessary. FINANCIAL No direct financial Impacts .