HomeMy Public PortalAbout2112-1965 - Ratifying an Agreement Permitting the Fire Department to afford Fire Protection Outside the Corporate LimitsAGREEMENT FOR FIRE DEPARTMENT SERVICES
THIS AGREEMENT, made and entered into this `7` day of
AKCO #> i 965, by. and between the CITY Or RICHMOND, INDIAIL-1, acting
through its Board of Public arks and Safety, hereinafter referred
to as "CITY", and i-TAYNE TOWNSHIP, of Wayne County, Indiana, acting
through its Township Trustee -and Advisory Board, -hereinafter referred
to as "TOU11SHIP" ,
WITNESSETE :
UHER EAS, said CITY maintains an efficient Fire Department,
and owns adequate andmodern fire -fighting equipment which Is -operated
by well trained personnel, and
WHEREAS, said TOWNSHIP owns no.fire-fighting equipment and
employs no trained personnel nor does it maintain a voluntary Fire
Department, and is therefore desirous of contracting with said CITY
for adequate fire protection, and
WHEREAS, said CITY is willing to and desirous of making its
fire -fighting -equipment and personnel available to said TOWNSHIP for
the protection of the residents of said TOWNSHIP and their property
from the hazards of fire,
NOW THEREFORE. in consideration of the mutual covenants of
the parties as hereinafter set forth, it is expressly promised and
agreed by and between the said CIT7 and the said TOjII'dSI?IF,as follows:
1. The said CITY shall, during the -term of this agreement,
cause to be issued to its Fire Department a standing order to heed
and respond to any call or fire alarm received by it reporting a
fire within the limits of said TONNSHIP. Said order shall direct the
Fire Department of said CITY to dispatch such equipment and personnel
to such location in said TOJITISHIP 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
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the safety of personnel and the protection of the equipment of said
Fire Department of said CITY.
.2. 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 e. fire within the limits of said CITY. The allocation and
dispatching of said fire -fighting force and of said fire -fighting
apparatus and equipment shall be in,the.absolute and complete control
of the CITY; and the Chief of the Fire Department of said CITY shall
have the absolute and complete discretion to determine where and when
said fire -fighting force and fire -fighting apparatus and equipment
are most needed and where and when the same, or any part thereof,
shall be allocated or dispatched.
3. The fire -fighting apparatus and equipment now owned by
CITY shall.continue to be the sole property of CITY and TOWNSHIP
shall not, by this agreement, acquire any right, title or interest
in or to such fire -fighting apparatus and equipment. Neither shall
TOWNSHIP, by this agreement, acquire any right, title or interest in
or to any fire -fighting apparatus or equipment that may be subsequently
purchased by said CITY from any funds whatsoever, including monies
paid pursuant to the terms of this agreement.
4. The said CITY shall not be liable or responsible for any
loss or damage which may be occassioned or result from.any breakdown
or mechanical failure in the operation of any of the fire -fighting
equipment to be used and provided under the terms of this agreement.
5. The TOWNSHIP shall not be liable.for any personal injury
or damage to any individual member of the said Richmond, Indiana
Fire Department, which injury or damage may be suffered by any such
individual while responding to any call for fire -fighting services
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from any resident of said TO`kI SHIP; and the said T0W11SHIP shall not
be liable for any injury or damage to any fire -fighting apparatus or
equipment of any 'rind 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 TO 17SIIIP.
6. TOWIISHIP shall Day to CITY for the fire protection to
be provided to `!OWJT,')I TP by C Im ' under the terms of this agreement
the following ei.,ams of money received by said TO-yNSYTIP by the
following means and in' the following manner: "nor the 1964 tease
payable in 1965, T0k4YSF1P has levied a tax of thirty cents (30d)
upon each One hundred ("?100.00) Dollars of taxable property within
the TO I.i"OHIP, exclusive of the City of Richmond and the Toti+-n of
Spring Grove. Upon the receipt by TOJI SHIP of its share of taxes
collected in the first half of.1965, and in no event later than
June 30, 1965, TO-iNSHIP shall pay to CITY the full.and entire amount
of money so received by'it from said thirty cent (30d) tax levy.
Upon the receipt by TO'JNSHIP , of- its share of taxes collected in
the second half of 1965, and Jr- no event: later than December 15, 1965,
T0414";3HIF Shall pay to CITY the . full and entire amount of money so
received by it from said thirty cent (34) tax lev.y,@
7. This agreement shall be for -a period running from
January 1, 1965, to and including December 31, 1965.
8. This agreement is contingent upon the enacttent of an
ordinance by the Common Council of the CITY ratifying and confirming
the same, as by law provided.
Ili WITNESS 9HEREOF9 said CITY has caused this agreement to
be duly executed on its behalf by its Board of Public Works and