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Home My WebLink AboutCity of Tamarac Resolution R-79-241Introduced by e1 t,,) le._.c_tL.4e- h.e&w-; TEMP. RESO.#1434 1 Ll 1 2 3 4 5 b 7 8 9 10 11 12 13 14 15 36 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R- 79-,2 yI A RESOLUTION REPEALING RESOLUTIONS NO. 79-8 and 79-9 AND AUTHORIZING EXECUTION OF AN AMENDED AGREEMENT WITH BAILEY ROAD VOLUNTEER FIRE DEPARTMENT. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA. SECTION 1: That Resolutions No. R-79-8 and 79-9 are hereby repealed. SECTION 2: That the appropriate City Officials are hereby authorized to execute an amended agreement for fire pro- tection for that portion of Tamarac, east of the Turnpike to the centerline of Northwest 31st Avenue. with Bailey Road Volunteer Fire Department, Inc. PASSED, ADOPTED AND APPROVED THIS Am -CCITY CLERK i" I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION. CITY ATTORNEY RECORD OF COUNCIL VOTE MAYOR: alcat� ..._... DISTRICT 1: DIST ::CT 2: DISTRICT 3: DISTRICT 4: No Text ,. Asa. I`1 FIRE PROTECTION AGREEMENT THIS AGREEMENT made and entered into this day of 1979, by and between the CITY OF TAMARAC, a municipal corporation, hereinafter referred to as "Tamarac" or "City", and 11 I BAILEY ROAD VOL. FIRE DEPARTMENT, INC., hereinafter referred to as "Fire Department." WITNES5ETH: 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 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 Turnpike, and including all por- tions of the City to the centerline of Northwest 31st Avenue, 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 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 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 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 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- Li Square Foot Floor Area square eet 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 Char 85.00 110.00 135.00 160.00 185.00 210.00 235.00 260.00 285.00 310.00 plus 21-Z cents per sq. foot over 10,001 sq. ft. City further agrees that as lots are improved and certificates of occupancy have been issued, they shall pay to the Fire Department the ap- plicable 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 1979. ow ATTEST: 41 Ed -ward A.'Gross, Cit/ anager L ATTEST: Lau a Z. Stu ans, City C er APPROVED AS TO FORM: Art ur 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 AG R040- E 9/27/79 #2202-J . 1AT.\r7.r.1 1 _ day of 1979 By: L --Mward A. Gros City anager day of �, 1979 BAILEY ROAD VOL. FIRE DEPARTMENT, INC. By President Isa APPROVAL OF AGREEMENT BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By GERALD F. T OMP 0 , 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