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CCR1972243RESOLUTION #243-72 APPROVAL OF FIRE PROTECTION CONTRACT WITH TESS CORNERS FIRE DEPARTMENT a a WHEREAS, it is necessary that the City of Muskego and the Tess Corners Volunteer Department enter into a contract for fire protection for the city's residents, and WHEREAS, the attached contract has been recommended for approval by the city, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego does hereby approve of the contract for fire pro- tection between the Tess Comers Fire Department and the City of Muskego. BE IT FURTHER RESOLVED that the Mayor and the City Clerk are hereby authorized to execute the contract in the name of the city. FINANCE COMMITTEE PUBLIC SAFETY COMMITTEE Edwin Dumke a A7TEST: +&Q ,4WyJ a City Clerk 12/72 le a CONTRACT CITY OF MUSKEGO - TESS CORNERS VOLUNTEER FIRE DER. AGREEMENT made and entered into this 1st day of January, 1973, by and between TESS CORNERS VOLUKTEER FIRE DEPT., a Municipal Corporation, party of the first part and City of Muskego, a Municipal Corporation of the State of Wisconsin, party of the second part; IN CONSIDERATION of the mutual covenants herein contained, IT IS AGREED: 1. The party of the second part will pay to the party of the first part the sum of Twenty-five Thousand Three hundred Eighty One Dollars ($25,381.00) for the year commencing January 1, 1973, and ending December 31, 1973, payable quarterly in advance. Fire runs are to be made by the party of the first part to any fire within the area hereinafter described, and in compliance with the call from any resident of said area. The area referred to is described as follows: Sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, 24, 25, 26, 27, 34, 35, 36, and that part of the East Half of Section 33 lying East of the Canal leading from Big Muskego Lake Southerly to the Waukesha-Racine County Line, all of Township 5 North, Rango 20 East, Waukesha County, Wisconsin. 2. Party of the first part will furnish the necessary fire trucks, hose, ladders and miscellaneous fire-fighting equipment, and the volunteer firemen necessary to operate the same, and will respond to calls for fire-fighting assistance made by any resident of the area to be served by party of the first part, and will combat the fire with its best efforts. Provided, however, that if fire trucks of the party of the first part are unavailable because of responding to another fire call, there shall be no liability on the part of the said party of the first part under this agree- ment. 3. Party of the first part assumes all liability for damages caused by the negligent operation of its fire trucks or equipment, and agrees to obtain automobile liability insurance covering the operation of its trucks, said insurance to have a minimum liability Page 2 e limit for bodily injury in the amount of $150.000.00 , $500,000.00 and $50,000.00 for property damage. 4. The party of the second part recognizing the value of mutual aid agreements between Fire Departments in Waukesha County and Milwaukee County to permit the Tess Corners Volunteer Fire e Department to continue on with such agreements. 5. Any previous contracts between the parties are hereby declared null and void as of January 1, 1973. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. TESS CORNERS VOLUmEER FIRE DEFT. Countersigned: d4d Secretary CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN