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HomeMy Public PortalAbout2111-1965 - Ratifying an Agreement Permitting the Fire Department to afford Fire Protection Outside the Corporate Limits (2)- ORDINANCE N0. 2ii/ _19G5 AN ORDINANCE: RATIFYING AND- CONFIRMING --A CERTAIN AGREEMENT- AUTHORIZING AND PERMITTING THE -FIRE DEPARTMENT OF THE CITY OF.RICHMOND;'INDIANA, TO AFFORD FIRE PROTECTION OUTSIDE THE,CORPORATE.-,LIMITS OF THE CITY OF RICHMOND, INDIANA. ` WHEREAS., on the- 91b.day of February: 1965, the City of Rich- mond, Indiana, by and through its Board of Public Works''and Safety, entered into a certain written agreement with the.Town of -Spring Grove, Indiana, whereby the City of Richmond, Indiana, -agreed to provide fire protection to the Town of Spring Grove, Indiana,.all pursuant to -the terms -and conditions in said written agreement which is attached here- to and made.a part hereof. NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF -THE CITY OF RICHMOND, INDIANA,- SECTION 1. That the aforementioned agreement heretofore entered into by and between the City. of Richmond, Indiana, by and through its. Board of Public Works and -Safety with -the Town of Spring_Grove,Indiana, is hereby fully ratified and. confirmed. SECTION 2. This ordinance shall be in full force and effect after its passage and approval -by the Mayor of the.City of Richmond, Indiana. PASSED by the- .Common Couil of the City: of Richmond, Indiana, this day of - `�n2 ! -1965. ATTEST: PRESENTED by me, Ather J. Reeg, City Clerk, to the onora.bl 'Mayor of the City of Richmond, Indiana, this day, , 1965.. City APPROVED by me, Edward L. Cord 1,.. ayor of the City of Richmond, Indiana, this day ®f a 1965.. Mayor ATTEST: y AGREEMENT FOR FIVE DEPARTMEI�,T - S ERtTICES THIS AGREEMENT, made and entered into this day of �/gE, A.- , 1965, by and between the TOWN OF SPRING GROVE, I1;DIAIN'A, acting through its Board of Trustees, hereinafter referred to as "TO zTI", and the. CITY OF RTC?iii0?ID, INDIAxIs`, acting through its Board of Public Works and Safety, hereinafter referred to as"CITY", si I TNESSE, T`I ; 11717Ras,p said CITY maintains an efficient Fire Department and owns adequfto and modern fire -fighting equipment .wh'! ch is operated by well trained personnel, and fHEREAS9 said TOVIN owns no firefighting equipment and em- ploys no trained personnel nor does it maintain a voluntary Eire Department, and is therefore desirous of contracting with said CITY for adequate fire protection, and II KEIP_ 11•�Q o said CITY is willing to and desirous of makin Its fire -fighting equipment and personnel available to said TOWN for the protection of the residents of said TOWN and their property from the hazards of fire, N,Oil THEREFOrtE, in consideration of the mutual covenants of the parties as hereinafter set forth, -it Is expressly promised and agreed by &bd between_ the said CITY. and..the said TOW II, as f ol? a ,Ts:: 1 The said CITY shall, during. the term of this agreetsent, cause to be issued to its Fire.Department a standing order to head and respond .to any call or .fire alarn received by -it reporting a fire within the limit . 0 of said TOi•JN '$aid. order shall direct the Fire Department of said CITY to dispatch such equipment and persor_r_el to :such location in said TOWN as may be necessary for the purpose of fighting such fire, subject to the condition that such Fire shall be in a location_ accessible by road, involving only reasonable risks to the safety of personnel and the protection of the equipment of said Fire Department of said CITY. 2. Said CITY shall be responsible only for the use of due diligence by its Fire ?Department in responding to any call pursuant to this agreement, and the personnel of said Dire Department shall use its best efforts In fighting any such fire, considering the equip- ment available at the time of any such call, the current techniques of fighting any such fire, and the conditions and circumstances 'Which may prevail at the time of and .the scene of any s,icn fire. 3. in the allocation and dispatching of the personnel and equipment of,the Fire Department of said 'CITY, in response to any call or alarm pursuant to this agreement, or in response to any other call or alarm, first preference shall be given to any call or alarm report- ing a fire within the limits of said CITY; and' the Chief of the Fire Department of said CITY shall have the absolute and complete discretion to determine where and -when the fire -fighting equipment and personnel of the Firs: Department' of said CITY-, or any pest thereof, shall be allocated or dispatched. 4..The ' said CITY shall- not be liable or' responsible for any Loss or damage which may be occas;31oned or result from any breakdown or mechanical .failure in the operation of any of the fire -fighting equip - went to be used and provided under the terns of this agreement. 5. The TOT,,;N..shall not be liable. for any personal injury or damage to any individual member of the 'said Richmond, Indiana Fire Le-nartuent, which injury or damage m y,be-suffered by any such individual while responding to any call for fire -fighting cerviceo from any resident of said TOWN; and the said —,,' shall not be liable for any injury or damage to any fire -fighting equipment or apparatus of any kind owned by said CITY which may be injured or damaged while such equipment or apparatus is being; used and employed in fighting any fire within said TOWI.1. 6. The said TOWN shall pay from the public funds of said T0,411, to the said CITY for the fire -fighting services and equipment which are to be provided under this agreement, the sum of One Thousand Sir Hundred (31 .600.00) Dollars, the 'said sure to be paid in tvo (2 ) installments as follows, to -wits The. sum of Eight Hundred Dollara on the 15th day of June, 1965, and the sum of eight Hundred (?800.00) Dollars on the.15th day of December, 1965. 7. This agreement shall continue and extend from January 1, 1965 unt21 December 31, 1965. 8. That each of said parties will, .in the event of termination of the above agreement for any cause whatsoever, forward a notice of the termination of said agreement to the Indiana Fating E-ureau, 320 North Xleridian Street, Indianapolis 9; Indiana, on or before Sixty days prior to the effective date of such termination. 9. That said parties shall also forward such notice as is set forth in poxagraph'8 above on or before Sixty days prior to the expire- t' on of the current a.greemert for Fire Department Services it the event an extension or renewal of the current agreement is not agreed upon or a new agreement providing the same services is not agreed upon. on or before Sixty days prior to the expiration date of the current agreement. ??; `riITNESS J1HERE0F,--eaid,CIT.Y has, caused .this agreement to be duly executed on its behalf by its .Board of Public '-lorks and Safety, and said Tfltl�' has caused the same, to beduly executed' on its behalf by its Board of Trustees, all on the day ' and year first above written. CITY 02 ?ICISM017D,_ INPIA1"4 ATTEST: ity Controller ulty attorney U ity EgSglneer A's its Eja rd of Public forks and Safety TOWN 05' L ��T'i G�?flV �, INDI& A Ey its Board of Truste13 President ber Member Member ATTEST: _' ✓�l /,���-_-•��. Clerks asurer