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CCR1978241RESOLUTION # 241-78 e APPP.OVAL OF FIRE PROTECTION CONTRACT WITH TESS CORNERS VOLUNTEER FIRE DEPARTMENT FOR THE YEAR 1979 WHEREAS, if! 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 recornended for approval by the city, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recornendation of the Public Safety Committee and the Finance Committee, does hereby approve of the contract for fire protection between the Tess Comers Volunteer Fire Department and the City of Muskego for the year 1979. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute the contract in the name of the city. FINANCE COMMITTEE PUBLIC SAFETY COMMITTEE Ronald J Ford Paul J. Schaumberg . Marw E. Pienkos 4AAM II" I! hdwin P. Dumke - Thomas J. Van Lanen ATTEST : City Clerk CONTRACT CITY OF MUSKEGO - TESS CORNERS VOLUNTEER FIRE DEPT AGREEMENT made and entered into this day of December, 1978, ay and between TESS CORNERS VOLUNTEER FIRE DEPARTMENT, a, Wisconsin 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 Forty Four Thousand One Hundred Seventy Eight Dollars ($44,178.00) for the year commencing January 1, 1979, and ending December 31, 1979, payable quarterly in advance. Fire runs are to be made by the party of the first part to any fire within the area herein- @. after described, and in compliance with the call from any resident of sald 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, 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 firement 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 responding to another fire call, there shall be no liability on the party of the first part under thls agreement. e. 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 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 Eaukesha 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, 1979. IN WITNESS WHEREOF, the parties hereto have set their hands and seals @ the day and year first above written. TESS CORNERS VOLUNTEER FIRE DEPT. CITY OF MUSKEGO President Mayor Secretary City Clerk je