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HomeMy WebLinkAboutReso 1979-9834 /, -- RESOLUTION NO. 9834 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BONITA-SUNNYSIDE FIRE PROTECTION DISTRICT FOR JOINT FIRE PROTECTION SERVICES, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, AND RESCINDING RESOLUTION NO. 9822 AND MODIFYING RESOLUTION NOS. 9678, 9779 AND 9825 The City Council of the City of Chula Vista does hereby resolve as follows: NOlv, THEREFORE, BE IT RESOLVED that that certain agreement between the City of Chula Vista, a municipal corporation, and the Bonita-Sunnyside Fire Protection District, for joint fire protection services, dated the 6th day of November, 1979, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. BE IT FURTHER RESOLVED that Resolution No. 9822, adopted on the 23rd day of October, 1979, be, and the same is hereby rescinded. BE IT FURTHER RESOLVED that Resolution Nos. 9678, 9779 and 9825 approving temporary fire protection measures for the Bonita-Sunnyside Fire Protection District be, and the same are hereby modified as reflected in the agreement adopted hereby. ;;d:~:V~i-o form by George D. Llndberg, Cl y Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 6th day of November , 197~, by the following vote, to-wit: AYES: Councilmen Scott, Gi 11 ow , Cox, Hyde, McCandliss NAYES: Councilmen None ABSENT: Councilmen None '---' STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) SSe CITY OF CHULA VISTA) WJJ2.~(~ Mayor of the City of Chula Vista ~-r I, , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. , and that the same has not been amended or repealed. DATED City Clerk 11/6/79 JOINT FIRE PROTECTION AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE BONITA-SUNNYSIDE FIRE PROTECTION DISTRICT THIS AGREEMENT, made and entered into this 6th day of November , 1979, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and THE BONITA-SUNNYSIDE FIRE PROTECTION DISTRICT, a fire protection dis- trict organized in accordance with the Fire Protection District Act of 1969, hereinafter referred to as "District"; WIT N E SSE T H : ----------- WHEREAS, City and District are empowered by law and are presently providing fire protection services, including fire sup- pression measures, fire prevention measures and emergency medical services, and WHEREAS, in accordance with the Joint Powers Agreements entered into from and after 1963, District has provided such ser- vices in those areas which have been annexed to the City and were previously a part of the territory of the District and in which the City did not then, and does not presently, have adequate equipment or facilities to conveniently provide such services thereto, and WHEREAS, the continued annexation of territory by the City of Chula Vista within the areas served by the Bonita-Sunnyside Fire Protection District and any subsequent removal of said terri- tories from said district area would detrimentally affect both the financial and physical capability of the Bonita-Sunnyside Fire Protection District to furnish fire protection to those territories located in the unincorporated areas of the District, and WHEREAS, the City of Chula Vista and the Bonita-Sunnyside Fire Protection District now wish to enter into a new arrangement for the joint and cooperative provision of such services which will assist the financial operation of the District; preserve the physi- cal integrity of the District and continuity of fire protection services throughout those areas which have been annexed to the City and withdrawn from the District; allow for complete access and response capability to all parts of the District service area; and establish termination provisions consistent with the mutual needs and requirements of District and City based upon increasing urbanization of the District area and changing concepts of fire protection in order to insure the highest level of fire protection service for the entire Bonita-Sunnyside area. NOW, THEREFORE, IT IS MUTUALLY AGP~ED by and between the parties hereto as follows: 1. Purpose. This agreement is made pursuant to the provisions of Article 1, Chapter 5, Division 7, Title 1 of the Government Code of the State of California commencing with Section 6500. City and District each possess the powers referred to in the above recitals. The purpose of this agreement is to provide financial support to the Fire District so as to enable District to furnish -1- R-9834 - 2- fire protection to all areas encompassed by the original description of the boundaries of the Bonita-Sunnyside Fire Protection District including any portion or portions of areas of District which are presently annexed to the City of Chula vista or may hereafter be annexed to the City of Chula Vista and whether or not said annexed territory has been or may be withdrawn from the District territory. 2. Term. This agreement shall be effective for a three year period commencing from and after July 1, 1979 and shall continue in full force and effect for a period of thirty-six (36) months from said date unless appropriately amended by mutual agreement of the parties or as terminated as herein provided. 3. Termination. This agreement may be terminated by either party upon 12 months written notice delivered to the governing board of said parties, with said notice given so that the termination date shall be effective on July 1st of a calendar year. 4. Payment to District for Fire Protection Services within the City of Chula Vista. City agrees to pay to District the amount of $24,000 per year for a two-year period. It is understood and agreed that City has heretofore paid the sum of $12,000 for said services to and until November 1, 1979 and has extended the temporary fire protec- tion agreement to and until November 8, 1979. Therefore, City does hereby agree to pay to District upon execution of this agree- ment an additional sum of $12,000, less any amount that may have been paid for the extension from November 1 to November 8, 1979, as complete payment for services to and until June 30, 1980. Thereafter, City agrees to pay District in advance commencing July 1, 1980 the sum of $2,000 per month through June 30, 1981. During the third year of this agreement commencing July 1, 1981, City agrees to pay to District the sum of $24,000 in monthly incre- ments as provided hereinabove plus the total percentage of the Consumer Price Index for San Diego County for the two previous years, e.g. assuming the San Diego Consumer Price Index was 10% in 1979 and 10% in 1980, paYment for the third contract year of July 1, 1981 through June 30, 1982 would be $24,000 plus 20% or $4800 for a total of $28,800 divided into twelve incremental pay- ments. 5. Dispatch Services. The City of Chula Vista agrees to provide a joint dis- patch service for the Bonita-Sunnyside Fire Protection District through the combined dispatch center located in the Chula Vista Police Department. Said service shall be instituted as soon as reasonably possible with an estimated date of commencement of June 1, 1980. It is understood and agreed that the Bonita-Sunnyside Fire Protection District will pay for all telephone expenses and any other so-called "start up" costs incurred in modifying the existing system in order to provide such dispatch service for the District. Any additional costs for said dispatch service will be borne by the City. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA BONITA-SUNNYSIDE FIRE PROTECTION DISTRICT 1J~\ City ~ :&:~~ ;,r City Attorney :; V F' -;7'-<<....< ~ < .~ < "< << " <- - ." / / /(7' / ./' ,/ <- ./ ",' f~' ,/ > " /,' /" ~ .' 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