HomeMy WebLinkAboutResolution No. 1982-02 ---
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RESOLUTION NO. 82-2 i
A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK
TO ENTER INTO A FIRE PROTECTION AGREEMENT WITH THE
BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS AND THE
CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT; PROVIDING AN.
EFFECTIVE DATE.
BE IT RESOLVED by the City Council of the City of Cape Canaveral,
Florida; as follows:
SECTION 1. The Mayor and the City Clerk are hereby authorized
to enter into an agreement among the Brevard County Board of County
Commissioners and the Cape Canaveral Volunteer Fire Department for
Fire Protection in Brevard County District II Fire Protection
Municipal Service Taxing Unit and Dispatch Service to the Cape Canaveral
Volunteer Fire Department; a copy of said agreement is attached hereto
and made a part hereof Ey reference.
SECTION 2. This Resolution shall take effect immediately upon
its adoption.
ADOPTED by the City Council of the City of Cape Canaveral, Florida,
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this day of January , 1982.
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Approved as to Form: HARRIS X
MURPHY X
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NICHOLAS
RUTHERFORL
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4eiitttorney
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MICROFILMED 1-18-83 '
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. - FIRE PROTECTION AGREEMENT
THIS FIRE PROTECTION AGREEMENT entered into this 28th
day of January , 198Z, between the BREVARD COUNTY
BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, as the
governing body of Brevard County District II Fire Protection
Municipal Service Taxing Unit, hereinafter referred to as the
"District" ; THE BOARD OF COUNTY COMMISSIONERS OF BREVARD
COUNTY, FLORIDA, as the governing body of Brevard County,
Florida, hereinafter referred to as the "County"; THE CITY
COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, hereinafter
referred to as the "City" ; and the CAPE CANAVERAL VOLUNTEER
FIRE DEPARTMENT, hereinafter referred to as the "Fire Depart-
) ment. "
WITNESSETH :
WHEREAS, the "County, " on August 11, 1977, adapted
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Ordinance 77-32, which amended section 10-80, Article VI,
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Chapter 10, Brevard County Code, to create the Brevard County
District II Fire Protection Municipal Service Taxing Unit re-
sponsible for fire protection in all unincorporated areas of
- the "District" ; and
WHEREAS, the "District" areas north and south of the "City"
can be better protected by the Fire Dep.a.r.lartent; and
WHEREAS, the "District" provides a full-time fire dis-
patch service that is capable of providing dispatch service to
0 the Fire Department for fire dispatch within the "City."
• NOW, THEREFORE, it is mutually agreed between the parties
as follows:
1. The "City" and the Fire Department hereby agree to
provide such fire protection and rescue services within the
following service area within the boundaries of the "District" ;
That portion of Brevard County District. II
• lying between State Road AlA and the Atlantic
Ocean with the southern boundary of the "City"
as its northern boundary and the northern
. ' boundary of the City of Cocoa Beach as its
southern boundary.
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MICROFILMED 1-18-83 •
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That portion of Brevard County District II - .
- - lying between the southern boundary of the
Cape Canaveral Air Force Station and the '
northern boundary of the "City."
The aforementioned unincorporated areas is hereinafter re-
ferred to as the service area.
2. The "City" hereby agrees as follows:
a. -To provide the same level of fire protection and emer-
gency
rescue services in the service area as the "City" and the
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0 Fire Department provide to residents and property located within
the boundaries of the City.
b. To provide for joint fire inspection and fire prevention
services within_the service area according, to standards of in-
spection and fire prevention services agreed upon between the
parties from time.
3. The County hereby agrees as follows.:
a. To provide a full-time fire dispatch service to receive'
requests for fire and emergency rescue services from within the
t city and to alert members of the Fire Department using dispatch
procedures provided by the City and Fire Department. ' The dis-
patch services to be furnished by the District to the City will
be at a level equal to that provided by the District to areas
within the District.
4. The services provided to the District and the County by
the City and the Fire Department as outlined in Section 2 and
the services to be provided to the City and the Fire Department .
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as outlined in Section 3 are considered an even trade of ser-
vices and no further compensation by any party will be re-
quired.
5. The District and the City and the Fire Department hereby
agree upon request to mutually assist and aid each other with
Fire Protection,and Emergency Rescue Services.
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• • - 6. This agreement shall remain in force uiiies— terminated•
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by one of the parties to this. agreement. Notice of termination
shall be given by written notice at least 30 days prior tothe
date of such termination. Notice shall be given to the District
and the County be sending written notice to the office of the
County Administrative Director, Board of County Commissioners,
P.O. Box 1496, Titusville, Florida, 32780. Notice shall be
given to the City and the Fire Department by sending written
notice to the City Manager, 105 Polk Avenue, Cape Canaveral,.
Florida, 32920, and 190 Jackson Avenue, Cape. Canaveral, Florida,
32920.
THIS AGREEMENT, shall be deemed to have been entered
into under the provisions of the Florida Statutes, Section
163. 01 and. the "Florida Interlocal Cooperation Act of 1969,"
and shall be subject to approval by the Department of Legal
Affairs under Subsection (11) of said act.
Each party waives all claims against the other party or
its insurance carrier for compensation for any loss, or damage
to its property or personal injury, or death of its personnel,
whichmay occur as a consequenceof the performance of this
agreement. No party shall be reimbursed by any other party
for any costs incurred pursuant to this agreement. ;
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IN WITNESS WHEREOF, the parties hereto have set their
hands and seals this day and year first above written.
ATTrEtST✓J :; ti k `,,z=z BOARD OF COUNTY COMMISSIONERS OF
,i, �`� x y ra ' f,4 r k y, BREVARD COUNTY, FLORIDA, AS THE
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.i!:,_,/,/'jt ',� r & :,,:q.,,,,:,-,:,:,.,,,:m.,,,?Y{ COUNTY DISTRICT II FIRE CONTROL
r: r/ ' 01 . tis /ls Y4'P DISTRICT.
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r ��' ��1 ; �,... •."1.",,,,:,„,.,. BY moi.� A ..-_i•IA-i: � ... ..
?R"C �,Y n1�i, stadciP,ti ,.Tri`' , lerk joe'Wickham, -- C airman
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a r A.6,0.1*:,-,,..} ' ARD OF COUNTY COMMISSIONERS OF
°,,b<.,','E 4,,,Y,°-f _r�,:;;;:,1'4,'r BREVARD COUNTY, FLORIDA.
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JEST '`` p:.. e/. CITY COUNCIL. OF THE CITY OF CAPE
'z°��7. • •r J �;' r .'/ CANAVERAL, FLORIDA.
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L ,,e • �. _� �• ,. BY: _ / /jr,Ciii `,C CO'err „="`i May r. oh son Mur• , J .
;ATl ST,, £fi •'�ici CITY OF CAPE CANAVERAL VOLUNTEER
/ 'a �° . ... r p%(' FIRE DEPARTMENT..
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. President
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STALORIDA )
COUNTY OF BREVARD)
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The foregoing instrument was acknowledged before me this_
8 day of January • • , 1982 : , by Wallace Eberwein
as Secretary , of the Cape Canaveral Volunteer Fire Department
VOLUNTEER FIRE DEPARTMENT, A • non-profit corporation, on
0 behalf of, said corporation. ,,: ;ly ya�U I!1/:''
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My commission expires. I a '' E
• ,::•� Notary Public _tIdde of YF Jti d-a_
Public,State of F,u, 5-'/ ° 1-
Ivo ary 1982 mat..#2:, �'r+g . ;?
My, commission expires Feb. 23, r 7 1 Eli.l! A "''
The foregoing instrument was acknowledged before me this_
8 day of January ,
1982 , by Bill Calvert k. " '
as President : , of the Cape Canaveral Volunteer ; s'r�e�,�7 / 'r,;, '
. Department, a roil- rofit cor oration, on behalf o �Js �;d r t; f
y :i/
corporation. P ;, • L , ',.,'‘,.,1,!,1,‘'',.--
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Notary Public States o;f cf'lor fi .:, W;f " -
My commission expires : /�,.�1 , �fJ', ;`'a•�r.e
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'Notary Public• ,State of Florida at Lar i{` 7t /�/,J i+
My commission expires Feb: 23; 19{i4 4'1' L i,-,43f ",