HomeMy WebLinkAbout2012-438 Emergency Svc - Caldwell Fire Dept and Eno Fire Dept Fire Protection and Emergency Services AgreementNORTH CAROLINA
AGENCY AGREEMENT
ORANGE COUNTY
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This Agreement made this the I day of 2012, between Orange County, a political
subdivision of the State of North Carolina ( "Coun . ) located at 200 South Cameron Street, Hillsborough,
North Carolina 27278, Caldwell Fire Department ( "Caldwell ") located at 7020 Guess Road, Rougemont,
North Carolina 27572 and Eno Fire and Emergency Services ( "Eno ") located at 5019 US HWY 70W,
Durham, North Carolina 27705.
Whereas, the County created special tax districts for fire protection in accordance with Chapter
69 of the North Carolina General Statutes; and
Whereas, the County elected to contract with incorporated nonprofit fire departments to provide
fire protection services to the County; and
Whereas on May 19, 1992 the County entered into Agreements with both Caldwell and Eno to
provide primary fire protection services within the geographic boundaries of Caldwell and East Orange,
respectively; and
Whereas both Fire Departments have been providing service within their primary fire protection
districts and now desire to enter into an Agreement whereby Eno will provide primary fire protection
services to an area within Caldwell Fire District (see Exhibit 1, which attached and hereby incorporated
by reference); and
Whereas the County levies and collects taxes on all real and personal property subject to taxation
in East Orange and appropriates those funds to Eno for the use of the residents in the East Orange Fire
District and not Caldwell; and
Whereas on January 20, 2011, the Orange County Board of Commissioners approved a change to
the insurance district line boundary (see Exhibit 1) to allow Eno to provide primary fire protection
services to residents within a portion of Caldwell Fire District; and
Whereas the County will authorize Eno to provide the primary fire protection to residents in
Caldwell as shown in Exhibit I so long as they do not use or expend any funds or resources appropriated
for fire protection services levied and collected from and for the residents in the East Orange Fire District.
Now, therefore, in consideration of the mutual covenants and premises herein contained, the
Parties agree to the following:
That Eno is authorized to provide primary fire protection services in the area of the Caldwell
Fire District shown in Exhibit 1.
2. Eno shall not expend any funds or resources appropriated for the use of residents in the East
Orange Fire District for the primary fire protection services outside the area of the Caldwell
Fire District shown in Exhibit 1. In the event any such expenditure occurs for primary fire
protection outside the area shown in Exhibit 1 Eno shall immediately notify the County and
Eno shall take corrective measures to rectify the expenditure and to ensure such expenditure
shall not be repeated.
3. That Caldwell shall make annual payments of $500.00, or as agreed to by Eno and Caldwell,
to Eno as compensation for Eno's availability and service in providing primary fire protection
services in the area of the Caldwell Fire District shown in Exhibit 1.
4. That Eno and Caldwell shall, upon request by County, grant County access to inspect all
books and accounts of the Fire Department at any time as provided in the 1992 Contract and
Agreements between County and Eno and between County and Caldwell.
5. To the extent the terms of the 1992 Contract and Agreements between County and Eno and
between County and Caldwell may conflict with the terms of this Agreement between the
County, Eno and Caldwell the terms of this Agreement shall control.
Effective the day and date first above recorded.
FOR gALDWELL ; FIR I)EP RTMENT
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FOR ENO FIRE AND EMERGENCY SERVICES
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FOR ORANGEOTY
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