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Home My WebLink AboutR-1989-118 , i r I RESOLUTION NO. 118-89 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING INTERLOCAL AGREEMENT BETWEEN THE CITY OF DANIA AND BROWARD COUNTY PROVIDING FOR FIRE PROTECTION SERVICES IN CERTAIN ANNEXED AREAS OF THE CITY OF DANIA; AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission , City Manager and City Attorney of the City of Dania, Florida, have reviewed the attached form of agreement and find it to be appropriate to the needs of the City of Dania. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 . That the City Commission of the City of Dania , A Florida , does hereby approve the Interlocal Agreement between Broward County and the City of Danial Relating to Providing Fire Protection Services in Certain Annexed Areas of the City of Dania , a copy of which is attached hereto and made a part hereof as Exhibit "A" . Section 2 . That the Mayor-Commissioner , City Manager and City Clerk-Auditor are hereby authorized and directed to forthwith execute said agreement on behalf of the City of Dania , Florida . Section 3 . That this resolution shall be in force and take c F Fo,f im Aiaf u1 nnnn iFc naccann anti aAnnfinn PASSED and ADOPTED this 29th day of October 1989 . zz/z MAYOR - COMMTSSIq�RR ATTEST: / 'CITY CLERK - AUDITOR APPROVED AS TO FORM AND CORRECTNESS By : � C. � FRANK C. ADLER, City Attorney Resolution No . 118-89 J j INTERLOCAL AGREEMENT Between BROWARD COUNTY and CITY OF DANIA Relatinq to Providing FIRE PROTECTION SERVICES IN CERTAN ANNEXED AREAS OF THE CITY O_ I A EXHIBIT "All INTERLOCAL AGREEMENT Between BROWARD COUNTY and CITY OF DANIA Relating to Providing FIRE PROTECTION SERVICES IN CERTAIN ANNEXED AREAS OF THE CITY OF DANIA WITNESSETH, this Interlocal Agreement entered into in accordance with Section 163.01 , Florida Statutes, between BROWARD COUNTY a political subdivision of the State of Florida, hereafter sometimes called 'COUNTY" by and through its Board of County Commissioners, AND CITY OF DANIA, a municipal corporation organized and existing under the laws of the State of Florida, hereafter called "CITY" , by and through its city commission. WHEREAS, in accordance with Chapter 171 , Florida Statutes, as k•= amended, the municipal boundaries of the CITY generally located north of Stirling Road and West of Ravenswood Road have been extended and enlarged through annexations , and will continue to be extended and enlarged, so as to include areas that were part of the unincorporated area of the COUNTY; and WHEREAS, for the purposes of this agreement the annexed areas will be indentified on fiha man �tF a ...-I •- .IVLCw and incorporated herein and will be collectively called the "Dania Annexation Area" , as said Annexation Area shall be amended from time to time in accordance herewith; and WHEREAS, the COUNTY and CITY believe it is in the best interests of both for the COUNTY to continue providing fire protection services in the Dania Annexation Area, and this agreement is intended to accomplish that result; and -2- WHEREAS, Chapter 121 Article III , Broward County Code of Ordinances, deals with the Broward County Fire Protection District and Fire Departments, and among other things: Provides that the unincorporated area of the COUNTY is a municipal service benefit unit for the purpose of providing fire protection and other related services to the unincorporated area, which shall be known as the Broward County Fire Protection District ; Provides that an extension of the corporate limits of any city or town into the District shall remove the new incorporated area from the District ; Provides for a Fire Protection Board and for a Division of Fire Protection; Provides that nothing in the article shall prohibit the COUNTY from contracting with any municipality County for the purpose of in Broward providing fire protection and other -related services to any portion of a municipality; and WHEREAS, it is the intent of the COUNTY and the CITY to structure this agreement so that the Dania Annexation Area, even though it is now out of h Fire District, will be treated, for fire rprotect on purpos s durringtion the life of this agreement , as if it is still in the District ; and WHEREAS, it is an assumption underlying this agreement that, inasmuch as the Dania Annexation Area was in large part in the Fire Protection District throughout a large part of calendar year 1989, the COUNTY will collect the special assessment levied on the business firms , associations, buildings and land in the Dania Annexation Area for the calendar year 1989, and that , therefore , the CITY's obligation to pay the COUNTY for fire protection services as set forth herein shall commence with the calendar year 1990 and continue for succeeding years of this agreement; - NOW, THEREFORE, in consideration of terms and conditions herein, the COUNTY and CITY agree as follows : TL - - • ♦lie findings and preamble set forth above are hereby found to be true and correct and are hereby deemed to be a part of this agreement. 2. Attached hereto as Exhibit "A" and made a part of the agreement is the map, mentioned above, of the Dania Annexation Area. -3- J 3. During the term of this agreement, the COUNTY shall provide fire protection services in the Dania Annexation Area, in the same manner, the Dania Ann and to the same extent as if Fire exation Area is part of the Broward County Protection Distict . The COUNTY shall perform its Pre-Fire-plan Program in the Dania Annexation conjunction with the CITY's Fire Department and there shall be mutual Area in shall training sessions . The CITY and COUNTY together provide radio communication needed to work g on fire and/or rescue scenes . It is understood that enforcement of all fire ordinances and statutes, including the Fire Protection Code which is part of South Florida Building Code, is the responsibility of the the COUNTY as of the respective effective dates annexation of each parcel of land of the in the Annexation Area. Dania 4. For the calendar agreement , the90 andTY succeeding calendar years Of this fire protection services in shall pay the COUNTY for an amount equal to the the Dania Annexation for fire sum of all special Area, protection for the P assessments would for have current calendar year, that _ . firms been levied against the associations, buildings and lands business Annexation Area, as if the Dania in the Dania Still in the Broward Annexation Area were during that County Fire Protection District responsibility oflether Year. COUNTY It shall be the writing of the amount to notify the CITY in pay the due for each year. The CITY shall amount due within forty-five (45) days of receiving the notice from the COUNTY. Under no circumstances shall the COUNTY assign or subcontract out its responsibilities herein to any third party. Nor shall C the COUNTY other the agree to provide such services to any of the municipality within the geographic area set forth map attached as Exhibit A hereto. Any such assignment, subcontracting or contracting out with third parties by the COUNTY shall automatically cancel this agreement and relieve the CITY of its responsibilities hereunder, notwithstanding any other provision herein to the contrary. G 11 _ �• ine Dania Annexation Area as shown on the map attached as Exhibit "A" hereto shall be amended from time to time as additional parcels are annexed into the CITY. CITY's Fire Chief shall provide written COUNTY's The - Emergency Service notice to the additional areas. Director of all such additional areas Upon receipt of such notice Dania Annexation shall automaticall . such Area hereunder y become part of the the terms of this agreement , and shall be covered by -4- 6. This agreement shall take effect upon its filing with the Clerk of the Circuit Court as required in Section 163 . 01 , Florida Statutes, and it shall expire on December 31 of 1995 , provided however, that this agreement shall be automatically renewed for an additional five ( 5 ) year period , unless either party gives sixty (60 ) days advance written notice to the other party of its intent not to automatically renew this agreement . 7 . This agreement shall be executed in four counterparts , each of which shall be deemed to be a duplicate original . IN WITNESS WHEREOF, the parties hereto have made and executed this agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chairman, authorized to execute same by Board action on the day of , 1989 , and the CITY OF DANIA, signing by and through its Mayor, City Manager and City Clerk-Auditor. COUNTY BROWARD COUNTY, through its ATTEST: BOARD OF COUNTY COMMISSIONERS County Administrator and Ex- By: Officio Clerk of the Board Nicki E. Grossman, Chairman of County Commissioners of Broward County, Florida day of , 1989 Approved as to form by Office of General Counsel , Broward County, Florida Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale , Florida 33301 Telephone : ( 305 ) 357-7600 By: Assistant General Counsel -5- INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA RELATING TO PROVIDING FIRE PROTECTION SERVICES IN CERTAIN ANNEXED AREAS OF THE CITY OF DANIA. CITY WITNESSES: CITY OF DANIA, a municipal corporation of the State of Florida By: Charles K. McElyea, Mayor - Commissioner By: Robert F. Flatley City Manager Attest : Wanda Mullikin City Clerk-Auditor APPROVED AS TO FORM AND CORRECTNESS By: Frank C. Adler, City Attorney -6- N N �l co �� f-f 1-�-4 - ► - - 1 ui ti N S05'1 N � N �,.•'� w � � 3 .'�..ml'. 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