Agenda - Council - 03/14/1989 - Closed Executive Session and Regular Meeting

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FOR FIRE PROTECTION This agreement made and entered into by and between the City of Elk River, a municipal corporation of the County of Sherburne and State of Minnesota, hereinafter call the CITY, and the CITY of R3~MS£Y of the County of A~0~A and State of Minnesota, hereinafter called W}LEREA$, the ?own desires the seA, ices of the fire department of the CITY in case of tires occuring in the City of Ramsev . located outside the corporate limits of the CITY, and WHEREAS, the CITY maintains a fire department consisting of volunteer firemen, at least one (1) pumping engine and miscellaneous other equipment, which personnel and equipment are available, subject only to the limitations herein expressed, for lighting fires in said ~own and else where. IT IS THEREFORE AGREED BY AND BETWEEN SAID PARTIES AS FOLLOWS: 1. That the City through its fire department will answer calls to fight fires occurin~ in the City of Ramsey in the area designated on Schedule A with at least one (1) p%unping engine and equipment to deliver at least 1,500 gallons of water and such volunteer firemen as may be designated by the Chief of the Elk River Fire Department, or his deputy, unless in the judgement of s~id Chief, or Deputy, such fire can be fought with other equipment maintained by the CITY az part of its fire department, subject only to the limitations and restrictions hereinafter set forth: a. If road and weather conditions at the time of the call be such that the fire run cannot be made with reasonable safety to men and equipment, and the decision of the Fire Chief or his Deputy in charge shall be final in, such matter, no obligation arises under this agreement on the part of the CITY to answer such call. b. In the event that a sufficient amount of the fire fighting equipment and number of volunteer firemen, or both, are committed at the time of the fire call, in the sole judgement of the Chief or his Deputy. to fighting pre-existing fire, so as to render the available fire fighting equipment and volunteer firemen inadequate to answer the fire call, in the 7own and fight the reported fire, no obiigauion arises under this agreement to answer such call. and no person or party shall have recourse agains~ the CI~'~' for refusal to answer such call. A pre- ~:isting fire for the purposes of this agreement shall be a fire to which the Fire Department of the CITY is called previous to receiving the call from the Town, and which fire is still being fought by the City Fire Department at the time the call from the ~own is received. c. In the event a fire call by the Iou~ is answered by the CITY, but before the fire in question is ex~tinguished ~he fire fighting equipment or volunteer firemen, or both are needed to fight a fire in the C!/-f or protec~ property in the C!T%' from a fire in the sole ~udgement of the Chief or his deputy with out liability therefore to any person or to the 7own under this agreement. d. The decision of the Fire ~nief or his Deputy will reference to sending or recalling fire fighting equipmemt and volunteer firemen to or from any fire in the Town shall be ~ .~na_ and no person or par~y shall have recourse against the Ci?Y for any damages or losses resulting from such ac:ion or deci£1on. e. The fire protection distric~ in accordance wlzh MSA 36S.S5 shall be and include the fol!owLng: