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CCR1988275COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION ~275-88 APPROVAL OF FIRE PROTECTION CONTRACT WITH TESS CORNERS VOLUNTEER FIRE DEPARTMENT FOR THE YEAR 1989 WHEREAS, it is necessary that the City of Muskego and the Tess Corners 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 Finance Committee, and NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve of the contract for fire protection between the Tess Corners Volunteer Fire Department and the City of Muskego for the year 1989. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute the contract in the name of the City. Ald. Edwin Dumke Ald: Mifchel Penovich ATTEST : a CONTRACT CITY OF MUSKEG0 - TESS CORNERS VOLUNTEER FIRE DEPT. AGREEMENT made and entered into this 1988 by and between TESS CORNERS VOLUNTEER FIRE DEPARTMENT, a Wisconsin Corporation, party of the first part and City of Muskego, day of 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 One Hundred Three Thousand Two Hundred Twenty-Five Dollars ($103,225.00) for the year commencing January 1, 1989, and ending December 31, 1989, 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, East of the Canal leading from Big Muskego Lake Southerly to the 34, 35, 36, and that part of the East Half of Section 33 lying Waukesha-Racine County Line, all of Township 5 North, Range 20 East, Waukesha County, Wisconsin. 0 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 to be served by party of the first part, and will combat the fire calls for fire-fighting assistance made by any resident of the area 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 this agreement. 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 Waukesha County and Milwaukee County to permit the Tess Corners Volunteer Fire Department to continue on with such agreements. -2- IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. CITY OF MUSKEG0 TESS CORNERS VOLUNTEER FIRE DEPT. Mayor President City Clerk Secretary jz