HomeMy WebLinkAboutCity of Tamarac Resolution R-80-013Introduced by C/M Disraelly TEMP. RESO. #-I _
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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
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