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HomeMy WebLinkAbout2004 Emergency Svc - East Alamance Fire District Contract~ 4 RETURN THIS COPY TO THE CLEKR'S OFFICE FOR THE PERMANENT AGENDA FILE NORTH CAROLINA ORANGE COUNTY This contract, made and entered into this ~ day of 2004, by and between the CITY OF MEBANE, a municipal corporation, hereinafter referred to as the City, and the COUNTY OF ORANGE, hereinafter called the County. WITNESSETH: That for and consideration of the mutual covenants hereinafter contained, and pursuant to authority granted by North Carolina General Statutes 160A-I l and 160A-243, do hereby covenant and agree as follows: 1. The City agrees to furnish and provide continuing fire protection services to all property within the East Alamance Fire District lying outside the boundaries of the City: and 2. Payment for fire protection service is provided through an existing contract between the City and the Efland Volunteer Fire Company, Incorporated, which is attached hereto and incorporated herein as Exhibit A to this agreement. This contract shall renew automatically each fiscal year on the first day of July, and shall continue in effect until terminated by either party hereto, upon three hundred sixty five (365) days written notice to the other party provided, however, the contract shall terminate automatically if the existing contract with Efland Volunteer Fire Company, Incorporated terminates, IN WITNESS WHEREOF, the County has caused this document to be executed by the Chair of the Board of County Commissioners and attested by the Clerk to the Board of County Commissioners, and the City has caused this document to be executed by the Mayor and attested by its Clerk. Vi`''i ~- ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS CITY OF BANE .BY: aY ATTEST: BY: ~.,~~, , ~= Clerk NOV-26-2003 11:00 FROM: ., NORTH CAROLINA ORANGE COUNTY 70:9684066 P.1~3 FIRE SERVICE AGREEMENT This contract, made and entered into this the ~ day of June, 2003, by and between Efland Volunteer Fire Company, Inc., a nonprofit corporation with its principal office in Orange County, North Carolina, party of the first part (hereinafter referred to as "Efland") and the City of Mebane, a North Carolina municipal corporation, located in Alamance and Orange Counties, North Carolina, party of the second part (hereinafter referred to as "Mebane"). WITNESSETH: THAT WHEREAS by agreement dated June 1, 1998, Mebane, through its fire ~-~ department, did agree to provide fire protection within certain portions of the Efland Fire ~ - Protection District; and ' ,~' WHEREAS the areas in which Mebane has provided primary fire protection services is described as follows: Beginning at a point where Orange County Road # 1340 intersects the Alamance County line, thence along said Alamance County line in a southerly direction until said line intersects Orange County Road # 1007, thence along said road to intersection of Road # 1117, thence along said road to intersection of Road # 1120, thence along said road to intersection of Road # 1114, thence along said road to intersection of Road # 1310, thence along said road to intersection of Road # 1306, thence along said road to intersection of Road # 1342, thence along said road an imaginary projection of said road to a point where it would intersect with Road # 1340, thence along said road to the point of beginning; and WHEREAS, the City of Mebane "ias annexed a portion of the property lying within said des ;ribed area and ,t .~ required by North Carolina reneral >tatlAte Section 160A-49.1 to negotiate a five year contract to provide fire protection in the area annexed by the City which was within the Efland .Fire Protection District; and ~ - WHEREAS, the City of Mebane is willing to compensate Efland Fire Protection District and the Efland Volunteer Fire Company, Inc. for estimated lost revenues arising out of said annexation and as a portion of said compensation to continue fire protection for five years beginning July 1, 2003 in all of the area described above notwithstanding that a substantial portion of said area that remains in the Efland Fire Protection District and was not annexed by the City. NOW, THEREFORE, the City of Mebane agrees that it will, through the Mebane Fire Department, provide fire protection services to the area described above for the period beginning July 1, 2003 and ending June 30, 2008. NOV-26-2003 11:01 FROM: 70:9684066 P.2~3 ,. ,. ~- Nature of Protection: Upon caI1 by or on behalf of any resident, business or property owner of the described area, party of the second part will dispatch to the area, and utilize in combating such fires as may exists, such equipment and as many men as the File Chief, or his designate, deems, in his sole and absolute discretion, available under the circumstances. From the moment any of the fire personnel of the party of the second part arrive within the Efland Fire District in response to a call, such person as in command of the detail shall assume absolute command of all activity being carried on, on property on which there is a fire and all persons on that properly shall be subject to his absolute direction and control. Such fire personnel shall have sole discretion as to the manner in which such fires as may exist are combated and what men and equipment are to be committed thereto. Party of the second part, through its Fire Department, shall exert its best efforts under the circumstances in combating said fires. Party of the first part sball in no way be liable for actions of the party of the second part for its failure or lack of success in connection therewith or for damage done to property of residents, businesses or property owners of the Efland Fire District or to that of their agents, servants, employees, licensees or invitees, by virtue of or arising out of the same. All obligations of party of the second part shall be secondary to providing protection for their own citizens. The City of Mebane agrees to pay and the Efland Volunteer Fire Company, Inc. agrees to accept a lump sum payment in the amount of $12,630.45 as good faith compensation required by North Carolina General Statutes Section 160A-49.1. Said payment shall be made within ninety (90) days of the execution of this agreement by both parties. Additionally, the City of Mebane agrees that it will provide the fire services within said defined area more fully described above at no additional charge to Efland Volunteer Fire Company, Inc. Both parties agree that the Efland Fire Protection District will continue to level its fire protection tax in those portions of the area described above which have not been annexed by the City of Mebane and that the proceeds of said tax shall be distributed to Efland Volunteer Fire Company, Inc. The payments and service provisions outlined above are hereby accepted by Efland Volunteer Fire Company, Inc. in full and complete satisfaction of the City of Mebane's obligations pursuant to North Carolina General Statutes Section I60A-49.1. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. . CITY OF MEABNE EFLAND VOLUNTEER FIRE CO., INC. By: ay President Glendel St henson Ronnie McAdams, Sr. NOU-26-003 11:01 FROM: r.. ~. . ay: City ger Robert L. Wilson Fire Ch' Robert J. Louis NORTH CAROLINA ORANGE OCUNTY 70:9684066 P.3~3 By: c~9 Secretary Treasurer Lonnie J. Adams I, ~~`~~. ~ • ~~M'C~Pt t ,Notary Public, do hereby certify that Ronnie McAdams, Sr. and Lon e J. Adams, officials of the Efland Volunteer Fire Company, Inc., each personally appeared before me this day and acknowledged the due execution of the foregoing and attached contract. Witness rr-y hand and notarial seal, this ~~ day of ~F ~m~S2.t' , 2003. V N ry Public My Commission Expires:~~C~ NORTH CAROLINA ALAMANCE OCUNTY I, ~ ~~l~ca~ ,Notary Public, do hereby certify that Glendel Stephenson, Robert L. Wilson and Robert J. Louis officials of the City of Mebane, each personally appeared before me this day and acknowledged the due execution of the foregoing and attached contract. Witness my hand and notarial seal, this ~ ~ day of ~ , 2003. .~ No Public My Commission Expires: 7 7 006