84-R-43RESOLUTION NO. 84-R-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE
CITY OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA,
TO EXECUTE AN AGREEMENT WITH VOLUSIA COUNTY FOR
FIRE AND RESCUE SERVICE FOR 1984-85; REPEALING ALL
RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA:
SECTION 1: That the City Council of the City of Edgewater, Florida, authorizes
the appropriate officials of the City of Edgewater, Florida, to execute an agreement
with Volusla County for fire and rescue service for 1984-85.
SECTION 2: A copy of said Agreement is attached to this Resolution and by
reference incorporated herein as if fully set forth.
SECTION 3: That all Resolutions or parts of Resolutions in conflict herewith
be and the same are hereby repealed.
SECTION 4: That this Resolution shall take effect immediately upon its adoption
by the City Council of the City of Edgewater, Florida, at a 0 _ _�
meeting of said Council held on the _/Z -day of , 1984, and approved
as provided by law.
This Resolution was introduced and sponsored by (: __ A
and was read and passed by a vote of the City Council of the City of Edgewater,
Florida, Florida, at a meeting of said Council held on the /yam day of
1984, and approved as provided by law.
ROLL CALL VOTE AC Fnl 1 ntv
Mayor v
Authenticated this/1X01, day of
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Mayo, tj r
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Councilman- o e Three
/1f1/
Cou dman-Z ne Four
Appro or e d form:
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AGREEMENT
The COUNTY OF VOLUSIA, hereinafter called the "County" and the CITY OF
EDGEWATER, hereinafter called the "City" hereby agree as follows:
1. In consideration of an annual sum determined in Paragraph 2, payable in
equal monthly increments on the first of each month beginning October I, 1984 and
continuing through September 30, 1985, unless this contract is terminated at an earlier
date, the City hereby agrees to provide fire and rescue service protection for the
area known as the GREATER EDGEWATER FIRE do RESCUE SERVICE AREA within Fire
District No. 2 - Southeast Quadrant, more particularly described as follows:
BEGINNING at the intersection of the Easterly
right-of-way line of Interstate Highway 95 with the
North line of Section 6, Township 18 South, Range 34
East; run thence East, along the North line of Sections
6 and 5, Township 18 South, Range 34 East, to an inter-
section with the Northerly right-of-way line of the cut-
off; thence Easterly, along the said Northerly right-of-way
line of the Florida East Coast Railway branch line, to its
intersection with the Westerly City Limits line of the City
of Edgewater; thence Southerly, Easterly and Northerly,
following continuously the said City Limits line of the
City of Edgewater to its intersection with the Westerly
shore line of the Indian River North; thence Southerly,
along the said Westerly shore line of the Indian River
North, to its intersection with the Westernly extension
of the Southerly line of the South 630 feet of the West
840 feet East of U.S. Highway No. 1, of the North 52.46
claims of the Jane Murray Grant in Sections 48 and 49
of Township 18 South, Range 34 East, thence Westerly
along said Southerly U.S. Highway No. 1; thence Southerly
along saidright-of-way line to the intersection with the
Southerly line of Section 48; thence Southwesterly along
the South line of Section 48 to the intersection with the
Easterly right-of-way line of the Florida East Coast
Railroad right-of-way to the intersection with the North
line of Section 24; thence West along the North line of
said Section 24 and continuing along the North line of
Section 23 to the intersection with the East line of Section
43; thence Northwesterly along said East line of Section 43
to the Northeast corner thereof; thence Westerly along the
North line of said Sections 42 and 43 and continuing Westerly
along the North line of Section 43 to the intersection with
the Easterly right-of-way line of Interstate Highway No. 95;
thence Northerly along said Easterly right-of-way line to the
POINT OF BEGINNING.
And hereinafter called the "Service Area."
2. It :s agreed that the Service Area budget shall be divided into two major
categories, as follows:
a. Capital Purchases. Any capital purchases shall be agreed to, in
writing, in advance by the parties to this contract.
b. Operating and Maintenance Expenses. The County shall pay to the
City a sum of $32,000.00 for fiscal year 1984-85 from Fire District
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AGREEMENT TO PROVIDE FIRE & RESCUE SERVICE PROTECTION
TO THE COUNTY OF VOLUSIA FOR THE GREATER EDGEWATER
FIRE & RESCUE SERVICE AREA
No. 2 - Southeast Quadrant funds for the operation and maintenance
of the Service Area. This amount shall be adjusted annually pursuant
to the budget provisions in Paragraph 3.
3. Prior to June I of each year, the City shall prepare a budget for the combined
City and Service Area. This budget shall delineate the funding that needs to be
levied by the County in the Service Area to meet its portion of the overall fire
and rescue budget. Said budget shall be submitted to the County on or before July
15 of each year.
a. Expansion or Reduction of Service Area. If the County should expand
or reduce the Service Area during a contract year, subject to the
City's approval, then the County shall adjust the monthly payments
payable to the City for the remaining months of the contract year
by an amount equal to the percentage the assessed value of the
affected area bears to the assessed value of the unincorporated
Service Area prior to the change. In ensuing years, the City shall
consider this change in the Service Area in arriving at a budget.
b. If the City during any year of this contract shall annex any properties
that are located within the Service Area, there shall be no adjustment
in the amount paid by the County for the remaining part of that
year, because those taxpayers have already paid for the service. In
ensuing years, the City, when determining the budget for the combined
areas, shall take into consideration those annexed properties and
endeavor to reduce the costs to the Service Area. Both parties agree
that at no time should residents of the Service Area be required to pay
more than the residents of the City for like service with exception of
the cost of capital improvements to serve the Service Area.
c. It is the intent of this Agreement that the property taxpayers of the
Service Area not pay a disproportionate amount for operations or
capital costs because of reduced assessed valuation due to annexations
to the City. If the tax base of the Service Area from one year to
the next, or over a period of years, has decreased by 10% due to
annexations to the City, the City shall contribute 10% to the next
budget of the Service Area. Subsequent adjustments shall be made
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AGREEMENT TO PROVIDE FIRE @ RESCUE SERVICE PROTECTION
'TO THE COUNTY OF VOLUSIA FOR THE GREATER EDGEWATER
FIRE & RESCUE SERVICE AREA
at increments of 5%. Under no circumstances shall a decline
of assessed valuation which is not the result of annexation be considered
in determining the level of City funding.
4. The parties hereby agree that all purchases of supplies, equipment, buildings or
land shall be through the City's purchasing organization.
5. It is agreed that title to all equipment, buildings or land purchased by the
City out of the Fire Quadrant funds shall be vested in the City; however, upon termination
of this contract by whatever means, except hereinafter otherwise provided, said title
shall revert back to the County (except that the City shall retain title to and payment
obligations of the Edgewater Fire Station Number Two located on Mango Tree Drive),
and the County hereby agrees to assume all outstanding obligations existing on said
properties that revert to it. If at any time in the future, during the life of this contract,
the City shall annex in excess of 75% of the assessed value of the Service Area, then
title and outstanding obligations shall not revertto the County upon termination, but
shall remain with the City, and the City agrees to continue to provide the fire services
to the remaining portion of the Service Area that has not been incorporated at a pro
rata cost.
6. The fire protection and equipment provided under this Agreement shall be of
a nature and character as nearly equal as possible to those the City now provides for
its citizens, but the parties fully realize and accept that the fire protection service
cannot be the same kind and quality as that provided for the citizens of Edgewater as
the Service Area does not include as adequate a system of fire hydrants as exists within
the corporate limits of the City.
7. It is expressly understood and agreed that the City shall be an independent
contractor, responsible for furnishing all supplies, equipment, personnel, tools, Workers'
Compensation liability, hazard or other applicable kinds of insurance; and the City shall
assume and maintain responsibility for the direction, supervision or control of any services,
personnel or equipment that may be required hereunder. The City shall hold the County
harmless from any liability arising out of the performance of the services contemplated
herein; subject to approval by the City's liability insurance carrier prior to October 1
of the contract year.
8. The Fire Chief shall have sole and exclusive right and responsibility to prescribe
the manner and method of giving the alarm and responding to fire or rescue or other
emergencies in the territory of the Service Area to be served by the City.
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AGREEMENT TO PROVIDE FIRE a RESCUE SERVICE PROTECTION
TO THE COUNTY OF VOLUSIA FOR THE GREATER EDGEWATER
FIRE h RESCUE SERVICE AREA
9. The City hereby agrees to inspect all existent fire hydrants located within
the Service Area in the same manner and at the same intervals at which the City
inspects the fire hydrants located within the municipal boundaries.
10. The City hereby agrees to maintain a file, open to inspection by the County
Manager's Office, that will include all information relating to fire calls as is presently
maintained by the City for its own municipal protection.
11. It is agreed that the City shall provide the services contemplated under
this Agreement.
12. This Agreement shall be renewed annually upon agreement of the parties
unless terminated as provided herein. Termination may occur without cause only
after a party gives 180 days notice, in writing, to the other party and then only at
the close of the then contract (fiscal) year. If a breach or default of the Agreement
shall occur during any part of the contract year, the aggrieved party must give notice,
in writing, to the other party of the default and request that said default or breach
be remedied within 60 days. If said default or breach is not remedied within the
above -stated time, then the aggrieved party may cancel the contract within 60 days
or at the end of the fiscal year, whichever shall occur first.
13. If during the term of this agreement the City is unable to continue providing
fire and rescue service protection to the Greater Edgewater Fire Services Area
and the County undertakes to provide the same for the remaining term of this Agreement
then the County may lease from the City Fire Station Number Two upon the following
terms and conditions:
a. The City will lease Fire Station Number Two, except the north bay, to the
County free of rent until the end of the contract year.
b. The County agrees to maintain the building and the surrounding grounds
in equal or better conditions.
c. The County agrees to pay all utilities during the remaining term of the lease.
d. The north bay of Fire Station Number Two is excluded and will remain in
the sole possession of the City.
e. Upon expiration of the term of this agreement, September 30, 1985, the
lease will expire automatically and the County will surrender possession
of the building back to the City.
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AGREEMENT TO PROVIDE FIRE h RESCUE SERVICE PROTECTION
TO THE COUNTY OF VOLUSIA FOR THE GREATER EDGEWATER
FIRE do RESCUE SERVICE AREA
14. If either the City or the County are not in agreement with the budget
submitted, then representatives of the parties shall meet and negotiate, realizing
that pursuant to these negotiations the level of service within the City as compared
to the Service Area may be different. If agreement is not reached by September
1st of the contract year, then the contract shall automatically terminate at the end
of the fiscal year.
15. This Agreement shall be construed under the Laws of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be
executed by their duly authorized officers.
COUNTY COUNCIL
VOLUSIA COUNTY, FLORIDA
ATTEST: i BY:��
THTH MAl�P. T. FL CHAUS, CHAIRMAN
COUNTY MANAGER -.� � \
DATE:�t4"'i'✓ /8 /gg�
ATTEST: .�.�..-�.-
CONNIE KINSEY
CITY CLERK
APPROVED AS TO LEGALITY AND FORM:
CITY OF EDGEWATER
VOLUSIA COUNTY,
CODU�N/TTYY�,`FLORIDA
BY^�/N : Il_.i. f� 2
----D"AVID LEDBETTER, MAYOR
DATE: Y I 6 34
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