Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-80-013Introduced by C/M Disraelly TEMP. RESO. #-I _ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R- 80-13 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH BAILEY ROAD VOLUNTEER FIRE DEPARTMENT. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA. SECTION 1: That the appropriate City Officials are hereby authorized to execute an agreement for fire protection for that portion of Tamarac, east of the Turnpike to the centerline of Northwest 31st Avenue. with Bailey Road Volunteer Fire Department, Inc. A copy of said Agreement is attached, hereto, as Exhibit 1. PASSED, ADOPTED AND APPROVED this 23 day of January 1980. ATTEST: ITY CLERK I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION. MAYOR: DISTRICT DISTRICT DISTRICT DISTRICT 1 MAYOR RECORD OF COUNCIL VOTE FIRE PROTECTION AGREEMENT THIS AGREEMENT made and entered this day of , 1980, by and between the CITY OF TAMARAC, a municipal corporation, hereinafter referred to as "Tamarac" or "City", and BAILEY ROAD VOL. FIRE DEPARTMENT, INC., hereinafter referred to as "Fire Department." W I T N E S S E T H: WHEREAS, Fire Department is a volunteer fire department estab- lished in the unincorporated portion of Broward County, Florida, bordering and adjacent to the City of Tamarac, and WHEREAS, the Council of the City of Tamarac deems it in the best interest of the City to make provision to have Fire Department provide the necessary fire coverage and protection. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: FIRST: That the Agreement between the parties has been in full force and effect for a period commencing the 15th day of January, 1980, and shall remain in full force and effect until the 15th day of January, 1981. SECOND: That the Fire Department will provide fire protection service to that portion of Tamarac, East of the centerline of N.W. 31st Avenue to and including all portions of the City to the Eastern Boundary of the City, on a twenty-four (24) hours, seven (7) day per week, first - call basis during the term of this Agreement, it being clearly under- stood and mutually agreed hetween the parties hereto, however, that a fire within the immediate area and boundary of call of the Fire Depart- ment shall receive first preference over that of City. THIRD: Should the Fire Department be giving mutual fire assist- ance and aid to another Fire Department and a fire call be received by the City, then and in such event, the Fire Department or a mutual aid fire company, whichever can respond sooner, shall immediately respond to the call of City. FOURTH: Should the Fire Department be otherwise occupied as set forth in paragraph SECOND and paragraph THIRD above, then the Fire Department shall request and obtain as much "back-up" service from some other fire department as possible and practicable to assist City. FIFTH: The Fire Department shall maintain insurance for the protection of City for purposes of indemnifying and saving harmless the aid City against any and all claims, suits, actions, damages, and/or causes of action arising during the term of this Agreement for any personal injury, loss of life and/or damage to property excepting, however, for acts, errors or ommissions of the City's agents or em- ployees. SIXTH: The Fire Department and City agree that all payments made by City upon the execution of this Agreement shall be made payable to Broward County and delivered to the Broward County Administrator, Room 248, Broward County Courthouse, 201 Southeast Sixth Street, Fort Lauderdale, Florida. SEVENTH: The annual terms of payment to be made by City for the services of the Fire Department shall be as set forth in paragraph 7(a) through and including 7(e) below, payable in equal monthly installments of 1/12 of the amount in each sub -paragraph: (a) Twenty-one and 70/100 Dollars ($21.70) for each single family residence within the service area. (b) Duplexes, apartments and condominium units within the service area, at the rate of Twenty-one and 70/100 Dollars ($21.70) per unit. (c) Acreage within the service area, at the rate of forty-three cents ($0.43) per acre, up to two hundred fifty (250) contiguous acres and Three Dollars and ten cents ($3.10) per vacant platted lots (d) Open outdoor storage, junk yards and salvage within the service area at the rate of Nine Dollars and thirty cents ($9.30) per acre or fraction thereof. -2- (e) Commercial and industrial establishments within the service area in accordance with the following schedule: Square Foot Floor Area 1 - 999 square feet 1,000 - 1,999 square feet 2,000 - 2,999 square feet 3,000 - 3,999 square feet 4,000 - 4,999 square feet 5,000 - 5,999 square feet 6,000 - 6,999 square feet 7,000 - 7,999 square feet 8,000 - 8,999 square feet 9,000 -10,000 square feet 10,001 and over square feet Charge $ 74.40 105.40 136.40 167.40 198.40 229.40 260.40 291.40 322.40 353.40 384.40 plus .031 cents per sq. foot over 10,001 sq. ft. per annum City further agrees that as lots are improved and certificates of occupancy have been issued, they shall pay to the Fire Department the applicable fee pursuant to the aforementioned schedule. EIGHTH: The parties agree that City shall make payments on or -fore the fifteenth day of each month. The failure of the City to collect said monies shall have no effect whatsoever on the City's obli- gation to remit payment to each and every parcel of land within the area. NINTH: City agrees that Fire Department shall not be charged any fee for the use of such fire hydrants as are located within the City for consumption of water in the performance of any of its obliga- tions under this Agreement. TENTH: The parties agree that City may cancel this Agreement upon thirty (30) days written notice should it establish and maintain a fire station in the City sufficient to meet the needs of the area served by this Agreement. In the event of such termination, the Fire Department shall not be obligated to refund to City any portion of the monies paid hereunder. ELEVENTH:. This Agreement shall have no force and effect until such time as it is approved by the Board of County Commissioners of roward County. -3- IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals this ATTEST: ATTEST: Marilyn Bertholf, City glerk APPROVED AS TO FORM: day of ,i ' Z Arthur M. Birken, City Attorney ATTEST: Secretary (CORPORATE SEAL) ATTEST: County Administrator and Ex- Officio Clerk of the Board of County Commissioners of Broward County -4- , 1980. CITY OF TAMARAC B y : Walter W. Fa ck, Mayor 2-�— �� day of BAILEY ROAD VOL. FIRE DEPARTMENT, INC. By President APPROVAL OF AGREEMENT BROWARD COUNTY, through its BROWARD OF COUNTY COMMISSIONERS By HOWARD C. FORMAN, Chairman day of , 1980 Approved as to form and legality by Office of General Counsel for Broward County, Florida HARRY A. STEWART, General Counsel Room 248, Courthouse Fort Lauderdale, Florida 33301 Telephone: (305) 765-5105 By: Constance R. Nutaro Assistant General Counsel kL