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CCR1977281RESOLUTION # 281-77 APPROVAL OF FIRE PROTECTION CONTRACT WITH TESS CORNERS VOLUNTEER FIRE DEPARTMENT FOR THE YEAR 1978 WHEREAS, it is necessary that the City of Muskego and the Tess Comers Volunteer Fire 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 Muskegoj upon the..recomendation of the Public Safety Committee and the Finance Cmittee, does hereby approve of the contract for fire protection between the Tess Comers Volunteer Fire Department and the City of Muskego for the year 1978. 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 B(-QX Edwin P . ' Dumke PUBLIC SAFETY COMMITTEE Paul J. Schaumberg CITY OF t4USE;EGO - TESS CORNERS VOLUNTEER PIRE DEPF. AGREEMENT made and entered into this /.3 day 0fD.A I iz2 , 19 7’1, by and between TESS CORNERS^ VOLUNTEER FIRE DE=., a Wisconsin Corporation, party of .the first pzrt 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 par.ty of the first part the sum of FiTty Six-Thousand Four Hundred Seventy. Eight dollars(56,478.C r the year commencing January 1, 1978,- and ending December 31, 1978:, payable quarterly in advance. Fire runs are to be made by-the party of the &;:st par-t. 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 l’, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, 24, Ezlf of Section 33 lying East of the Canal leading 25, 26, 27, 34, 35, 36, and that part of the East from Big Muskego Lake Southerly-to the Waukesha-Racine County Line., all of Township .S North, Range 20 East, \<2uliesha County, Wisconsin. 2. Party of the frrst part will furnish the necesszry fire trucks, hose, ladders 2nd miscellaneous fire-fighting equipment, and the volunteer fiiemen necesszry to operate the same, and will respond to calls for fire- fighting assistance made.by any.resident of the 2rea to be served by party I of the first part, and will tcbmbat the fire with. its best efforts. Pro- ~ vided, however, that -if fire trucks of the party of the first part are unavailzble beceuse responding to another fire call, there’ shall be no liability on the part of :he said party of-the first part under this agreemtnt - I I I , 3. Party of the firs: pzrt ass~lmes all liability for d.amages tzused by the negligent operation of its fire trucks or equipment, and agrees to obtain automobile liability’insur2ncecovering the operation of its I . I rage Z. truc);z. s:-:L ::,:~!r~'!::c to have a minimum liability 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 Department to continue on with such agreements. 5- Any previous contracts between the parties are hereby declared null and void as of January 1, 1978. IN WITNESS II'mREOF, the parties hereto have set their hands and seals the Za!? 2nd year first above written. .. .. ..~ . .. .~~ TESS -CORNERS VOLUNTEER FIRE DEFT&. President Secrerzry