HomeMy WebLinkAboutCity of Tamarac Resolution R-79-240Introduced by : %��4-
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-
A RESOLUTION REPEALING RESOLUTION
NO. R-79-74 AND AUTHORIZING EXECUTION
OF AN AMENDED AGREEMENT WITH SUBDIS-
TRICT 10 OF THE BROWARD CENTRAL FIRE
DEPARTMENT, INC.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF TAMARAC, FLORIDA:
SECTION 1: That Resolution No. R-79-74 is hereby repealed.
SECTION 2: That the appropriate City Officials are hereby,
authorized to execute an amended agreement for fire protection for
that portion of Tamarac, east of the centerline of N.W. 31st Avenue
to the eastern boundary of the City with Subdistrict 10 of the
Broward Central Fire Department, Inc.
PASSED, ADOPTED AND APPROVED this /0 day of ,1979.
ATTEST:
�dp :Q,4TY CLERK
I HEREBY CERTIFY that I have
approved the form and correctness
of this RESOLUTION.
124-AL,u !s"AA.
CITY ATTORNEY
RECORD OF COUNCIL VOTE
MAYOR: � , ,
DISTRICT 1:
DIST ICT 2:
DISTICT 3:
DISTRICT 4:
00
FIRE PROTECTION AGREEMENT
THIS AGREEMENT made and entered this day of
, 1979, by and between the CITY OF TAMARAC, a
municipal corporation, hereinafter referred to as "Tamarac" or "City", and
J Subdistrict 10 of the BROWARD CENTRAL FIRE DEPARTMENT, INC., herein-
after referred to as "Fire Department."
WITNESSETH:
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; and
WHEREAS, the
City
and the Fire Department have
been
operating
under an oral Agreement
from
April 15, 1979, until January
15,
1980; and
WHEREAS, this Agreement is to confirm the oral understanding of
o the parties.
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 April, 1979, and
shall remain in full force and effect until the 15th day of January 1980.
SECOND: That the Fire Department will provide fire protection ser-
vice 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 understood and mutually agreed
between the parties hereto, however, that a fire within the immediate area
and boundary of call of the Fire Department shall receive first preference
over that of City.
THIRD: Should the Fire Department be giving mutual fire assis-
tance 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 com-
pany, 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 De-
partment 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 pro-
tection of City for purposes of indemnifying and saving harmless the said
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 employees.
SIXTH: The Fire Department and City agree that all payments
made by City upon 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 Lauder-
dale, Florida.
SEVENTH: The terms of payment to be made by City for the
services of the Fire Department shall be seventy-five (750) percent of each of
the following rates set forth in paragraph 7(a) through and including 7(e):
(a) Seventeen and 50/100 Dollars ($17.50) for each single family
residence within the service area.
(b) Duplexes, apartments and condominium units within the service
area, at the rate of Seventeen and 50/100 ($17.50) Dollars per unit.
(c) Acreage within the service area, at the rate of thirty-five
cents ($0.35) per acre, up to two hundred fifty (250) contiguous acres and
Two Dollars and fifty cents ($2.50) per vacant platted lots.
(d) Open outdoor storage, junk yards and salvage within the ser-
vice area at the rate of Seven dollars and fifty cents ($7.50) per, acre or
fraction thereof.
(e) Commercial and Industrial establishments within the service
area in accordance with the following schedule:
-2-
1
1
Sauare 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
$ 60.00
85.00
110.00
135.00
160.00
185.00
210.00
235.00
260.00
285.00
310.00 plus
2'-2 cents per sq . foot
over 10,001 sq . ft.
City further agrees that as lots are improved and certificates of oc-
cupancy have been issued, they shall pay to the Fire Department the applic-
able fee pursuant to the aforementioned schedule.
EIGHTH: The parties agree that City shall make payments on or
before the fifteenth day of each month. The parties acknowledge that City
has, under its prior oral understanding, made monthly payments to the Fire
Department through, for and including the month of September, 1979. City
further agrees that if execution of this Agreement is delayed beyond the
October 15, 1979 payment date, that payment shall be made within ten (10)
days from the execution of this Agreement.
The failure of the City to collect said monies shall have no effect
whatsoever on the City's obligation 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 obligations 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 Broward
County.
-3-
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands and seals this day of
ATTES
warm. vros7,, city manager
A?xe,c.4
ST:
< Z -
Lafira Z. St rKai ns, City Ier��
APPROVED
iA/Sy�T�O FORM:
Arthur M. Bir en, City Attorney
ATTEST:
Secretary
(CORPORATE SEAL)
ATTEST:
County Administrator and Ex-
Officio Clerk of the Board of
County Commissioners of
Broward County, Florida
CRN:sc
AGR040-D
9/27/79
#2202- L
-4-
1979.
CITY OF TAMAR C
By: r'h N.
Wa to W. 'Fal4k, UVlayor
arcs A. upss, city manager
// day of '1979
BROWARD CENTRAL FIRE
DEPARTMENT, INC.
By
President
APPROVAL OF AGREEMENT
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By
GERALD F. THOMPSON, Chairman
day of
, 1979
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