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HomeMy WebLinkAboutCity of Tamarac Resolution R-79-008Introduced by: Motion,of C/M Disraelly Temp. Reso. #1172 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ]6 17 18 . 19 20 21 22 23 24 25 26 27 28 29 (1 30 31 32 33 34.1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-79-8 A RESOLUTION AWARDING A CONTRACT FOR FIRE PRO- TECTION TO SUBDISTRICT 8, BAILEY ROAD VOL. FIRE DEPARTMENT and BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS. WHEREAS, the existing fire protection agreement with Subdistrict 8 of the Broward County Fire Control Commission expired on December 25, 1978; and WHEREAS, the City Council is desirous of entering into a new agree- ment in order to insure the continuation of fire protection for the residents of that part of the City of Tamarac serviced by said department for the next ensuing year beginning December 26, 1978; and WHEREAS, the rates to be charged have been approved by the voters of the subdistrict and the subdistrict is not permitted to charge the City at lower rates. NOW, THEREFORE, BE,IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Mayor and City Manager are hereby authorized and directed to enter into an agreement for fire protection with Subdistrict No. 8, Bailey Road Volunteer Fire Department and the Broward County Board of County Commissioners, covering the period commencing December 26, 1978 through January 15, 1,980, c9py of which is attached hereto and made a part hereof as Exhibit "A". PASSED, ADOPTED AND APPROVED THISayof 1979V f ATTEST: a-ECi ty Clerk I HEREBY CERTIFY that I have ap- proved the form and correctness of this RESOLUTION. l Ad I11 . ��iN•. City Attorney V 1 c E MAYOR RECORD OF C011 011-VOTE MAYOR W. FALCK V/M H. MASSARO gyp C/M H. WIENER--- C/M I.M. DISRAELLY C/M M. KLIKA _�,� i; 7 44. eSQ7/-i 1 1 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 BAILEY ROAD VOL. FIRE DEPARTMENT, Subdistrict #8, and the BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS, hereinafter re- ferred to as "Fire Department". WITNESSETH: WHEREAS, Fire Department is a volunteer fire department established 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 Depart- ment provide the necessary fire coverage and protection. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: FIRST: That this Agreement shall be in full force and effect for the period commencing the 26th day of December, 1978 and ending the 15th day of January, 1980. SECOND: That the Fire Department will provide fire pro- tecti_on service to that portion of the City, East of the center line of State Road #7, #441, to and including all portions of the City to the center line of Northwest 31st Avenue, on a twenty-four (24) hours, seven (7) day per week, first -call basis during the term of this Agree- ment, it being clearly understood and mutually agreed between the par- ties hereto, however, that a fire within the immediate area and boundary of call of the Fire Department shall receive first preference over that of the City. THIRD: Should the Fire Department be giving mutual fire assistance 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 the 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 the City. FIFTH: The Fire Department shall maintain insurance for the protection of the City for purposes of indemnifying and saving harm- less 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 the gross negligence of the City's agents or employees. SIXTH: Tamarac agrees that payments to the Fire Depart- ment for its services to the City of Tamarac under the terms of this Agreement shall be made on the following basis: (a) Seventeen and 50/100 Dollars ($17.50) for each single family residence within the service area, per annum, payable in equal monthly installments. (b) Duplexes, apartments and condominium units within the service area, at the rate of Seventeen and 50/100 Dollars ($17.50) per unit, per annum, payable in equal monthly installments. (c) Acreage within service area at the rate of thirty-five cents ($0.35) per acre up to two hundred fifty (250) con- tiguous acres and Two Dollars and fifty cents ($2.50) per vacant platted lots per annum payable fn equal monthly installments. (d) Open outdoor storage, junk yards and salvage within the service area at the rate of Seven dollars and fifty cents ($7.50) per acre or fraction thereof, per annum payable in equal monthly &a r 3 L 1 I installments. (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 31000 - 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 per annum $60.00 85.00 110.00 135.00 160.00 185.00 210.00 235.00 260.00 285.00 310.00 plus 2�4 per sq. foot over 10,001 sq. ft. Tamarac further agrees that as lots are improved and certifi- cates of occupancy have been issued, they shall pay immediately to the Fire Department the applicable fee pursuant to the aforesaid schedule. SEVENTH: The parties agree that Tamarac shall pay monthly in advance to the Fire Department as hereinafter provided, for those monies pursuant to the aforementioned schedule. The failure of the City to collect said monies shall have no effect whatsoever on the City's obligation to remit payment for each and every parcel of land within the area. EIGHTH: The 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. NINTH: The parties agree that the City of Tamarac may cancel this Agreement upon sixty (60) 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 Tamarac any portion of the monies paid hereunder. -3- TENTH: This Agreement shall have no force and effect until such time as it is approved by the Brvward County Board of County Commissioners and the Bailey Road Volunteer Fire Department, Subdistrict #8. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals this day of 1979. ATTEST: / CITY OF TAMARAC,FLORIDA City Manager Vice Mayor P "I tt—; yv 51% (SEAL) CERTIFIED AS TO FORM AND CORRECT? City Attorney 14ITNESS : SEAT. awl r • • •4 BAILEY RDAD VOLUNTEER FIRE DEPARTMENT Subdistrict No. 8 By: APPROVED this day of 1979. BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS By: Chairman By: By: By: