CCR2003236.-
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #236-2003
APPROVAL OF FIRE PROTECTION AGREEMENT WITH
TESS CORNERS VOLUNTEER FIRE DEPARTMENT FOR 2004
WHEREAS, It is necessary that the City of Muskego and the Tess Corners Volunteer
Fire Department enter into a agreement for fire protection for the City's residents; and
WHEREAS, The attached agreement has been recommended for approval by the
Finance Committee.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee, does hereby approve
the agreement for fire protection between the Tess Corners Volunteer Fire Department
and the City of Muskego for 2004.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby
authorized to execute the agreement in the name of the City.
DATED THIS 11th DAY OF November ,2003.
(
SPONSORED BY:
FINANCE COMMITTEE
Ald. Rick Petfalski
Ald. Nancy Salentine
Ald. Eric Schroeder
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This is to certify that this is a true and accurate copy of Resolution #236-2003 which
was adopted by the Common Council of the City of Muskego.
~KM~ CI Treasurer
11/03jmb
AGREEMENT
CITY OF MUSKEGO -- TESS CORNERS VOLUNTEER FIRE DEPARTMENT
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AGREEMENT made and entered this
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day of ,200_, by and between Tess Corners Volunteer Fire
Department, a Wisconsin Corporation, party of the first part and the City of Muskego, a Municipal Corporation of the
State of Wisconsin, party of the second part:
IN CONSIDERA nON of the mutual covenants herein contained, it is agreed: The party of the second part will compensate
the party of the first part for its fire services for one year commencing January I, 2004 and ending December 31, 2004 by
paying to the party of the first part the sum of one hundred sixty-four thousand dollars ($164,000) which has been agreed
upon by the parties, each of whom agrees to negotiate in good faith, during the budget proceedings for the party of the
second part. The payments shall be made quarterly in advance. Party of the first part agrees to make fire runs 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:
Section I, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, 24, 25, 26, 27, 34, 35, 36, and all that part of the East 1/2
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, more commonly
known as all lands east of Lannon Drive extended north and south and all lands east of Muskego Canal
south of Big Muskego Lake.
Party of the first part will furnish the necessary fire trucks, hoses, ladders, and miscellaneous fire fighting equipment, and
the volunteer fire fighting assistance made by any resident of the area to be served by party of the first part under this
Agreement.
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 operations of its trucks said insurance to have a minimum
liability for bodily injury in the amount of $2,000,000.00 Combining Single Limit. A certificate of insurance naming the
City as an additional insured shall be sent to the City showing the above requirements have been complied with and
providing for written notice to the City 30 days in advance of full or partial cancellation, on the City's approved form.
Memorandum copies of the insurance policies shall be provided to the City upon request.
The party of the second part, recognizing the value of mutual aid agreements between fire departments in Waukesha County,
agrees to permit Tess Comers Volunteer Fire Department to continue on with such agreements.
For valuable consideration acknowledged by each party, the Tess Comers Fire Department hereby agrees that it will comply
with any and all requirements of the law commonly known as the Wisconsin Open Meetings Law, the Wisconsin Open
Records Law, and the Wisconsin Fair Labor Law.
Any previous contracts between the parties are hereby declared null and void as of January I, 2004.
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 Mark A. Slocomb
Secretary Clerk- Treasurer Jean K. Marenda
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CITYHAlUCOMMON COUNCIUCCR2003236TCVFDagree.doc