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CCR1975262RESOLUTION 8262-75 APPROVAL OF FIRE PROTECTION CONTRACT WITH TESS CORNERS VOLUNTEER FIRE DEPARTMENT FOR THE YEAR 1976 WHEREAS, it is nec.es'sary that the City of Muskego and the Tess Comers Volunteer Fire Department enter into a cmtract 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 Cormnon Council of the City of Muskego, upon the recommendation of the Public Safety Committee and the Finance Cormnittee, does hereby approve of the contract for fire protection between the Tess Comers Volunteer 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 Paul J. Schaumberg &dff* Paul J. Sehaumberg Rayhond A. Wallner Edwin P. Dumke Charles C. Colbum ATTEST : CONTRACT I - a CITY OF MUSKEG0 - TESS CORNERS VOLUNTEER FIRE DEFT. AGREEMENT made and entered into this e aay of , 1975, by and between TESS CORNERS VOLUNTEER FIRE DEFT., a Wisconsin Corporation, .party of the first part and City of Muskego, a Municipal Corporati.on 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 Forty thousand nine hundred seventy five,doll.ars ($40,975.00) for the year commencing January 1, 1976, and ending December 31, 1976, payable quarterly in .%dvance. 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 res.ident of said area. a k~ The area referred to is described as follows: Sections 1, 2, 3, 10, 1.L, 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, Range 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- i rghting assistance made by any resident of the area to be served by party mf ' of the first part, and will 'combat the fire with its best efforts. Pro- vided, however, that ',if fire trucks of the party of the first part are unavailable because responding to another fire call, there shall be no liability on the part of the said party of the first part under this agreemtnt. 3. Party of the first part assumes all liability for damages caused by the negligent operati.on of its fire trucks or equi.pment, and agrees .to obtain automobile liability insurance covering the operation of its Page 2. trucks, said insurance to have a minimum 1i.ability 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 e aid agreements between F'ire Departments in Waukesha County and Milwaukee County to permit the Tess Corners Volunteer Fi.re Department to continue on with such agreements. - 5. Any previous contracts between the parties are hereby declared null and void as of January 1, 1976. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. TESS CORNERS VOLUNTEER FIRE DEFT. President Secretary CITY OF MUSKEGO. WAUKESHA COUNTY. City Clerk' ,! !