Loading...
HomeMy WebLinkAboutReso 1977-8579Form No .' 342 Rev. 3/74 RESOLUTION NU, 8579 RESOLUTION OF THE CITY' COUNCIL OF THE CI'T'Y Off' CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE MONTGOMERY FIRE PROTECTION DISTRICT FOR JOINT FIRE PROTECTION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agreement between THE CITY OF CHULA VTSTA, a municipal corporation, and THE MONTGOMERY FIRE PROTECTION DISTRICT, for joint fire protection dated the 12th day of April , 19 77 a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approveda BE IT :FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized ar~d directed to execute said agreement for and on behalf of the City of Chula Vista, Presented by --~ ,~~ ~~~ i~~ George D. Lindberg, City Attorney Approved as to form by / / George D. Lindberg, City At rney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF Ci-lULA VISTA, CALIFORNIA, thrsl2th day of April - 1977 , by the following vote, to-wit: m AYES : Councilmen Scott , E~dahl , Hobel , Hvde , Cox NAYES: Councilmen None ABSENT: Councilmen None `~ ~2~~~ ~ ~:~YI/ Mayor o the City of Chula Vista ATTES` City lerx STATE OF CALIFORNIA) COUNTY OF SAN DIErO) ss. CITY OF CHULA VISTA] 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended nr repealed.. DATED City Clerk Revised 4-7-77 JOINT FIRE PROTECTION AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE MONTGOMERY FIRE PROTECTION DISTRICT THIS AGREEMENT, made and entered into this 12th day of Aril , 1977, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and the MONTGOMERY FIRE PROTECTION DISTRICT, hereinafter referred to as "District"; W I T N E S S E T H WHEREAS, City and District are each empowered by law to provide fire services as to fire suppression measures, fire pre- vention measures and emergency medical services, e.g., respirators, and WHEREAS, City and District are of the opinion that those areas located within the District shown as Area 1, and within the City, shown as Area 2, on Exhibit "A", attached hereto and incor- porated herein by reference as if set forth in full, hereinafter referred to as the "Chula Vista-Montgomery Fire District Automatic Response Area" should be established as an automatic response area which will serve and be of benefit to the inhabitants of the City and the County of San Diego insofar as fire suppression activity is concerned. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: Section 1. Purpose. This agreement is made pursuant to the provisions of Article 1, Chapter 5, Division 7, Title 1 of the Govern- ment 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 exercise these powers jointly to provide a system of automatic response for fire suppression services in Areas 1 and 2 as shown on Exhibit "A" comprising the "Chula Vista-Montgomery Fire District Automatic Response Area". Section 2. Term. This agreement shall become effective as of the date herein and shall continue in full force and effect for a period of ten (10) years from the date herein unless appropriately amended by mutual agreement of the parties or termination as provided herein. Section 3. Areas of Responsibility. It is understood and agreed that the City of Chula Vista shall respond with an engine company consisting of a 1000 GPM rated pumper and a crew from the appro- priate fire station locations in all fire suppression situations in any area shown in Area 1 of the Auto- matic Aid Response Area. It is understood and agreed that District shall respond with an engine company consisting of a 1000 GPM rated pumper and a crew from the Pontgomery Fire District fire station to all fire suppression situations occurring in Area 2 in the Automatic Aid Response Area generally bounded on the north by "L" Street and on the east by Hilltop Drive. - 1 - Section 4. Modification of Areas of Responsibility. From time to time, City and Fire District shall review and appropriately modify areas of responsibility as changes may be effected through annexation of territory to the City of Chula Vista. Section 5. Departmental Obligations and Procedures. It shall be the obligation of each of the Fire Chiefs and their designated representatives to establish appropriate procedures for the implementation for the program of automatic response and to provide adequate training to the men under their direction to insure the effective implementation thereof. In the event a unit(s) operating in the automatic aid area is unable to be released in sufficient time to affect a department shift change, the jurisdiction receiving the aid shall be responsible for any overtime costs of employees in- curred as a result of receiving such aid. Section 6. Payment to District for First Response Within City Boundaries. The City of Chula Vista agrees to pay to Montgomery Fire District an amount equivalent to District's property tax revenue for all District territories annexed to the City of Chula Vista subsequent to P2arch 1, 1977 and within the effective terms of this agreement wherein the District has the continued obligation for first response. City shall make such payment based upon current assessed valu- ation of said territories on an annual basis at the time property taxes for said territories are received by the City. City shall pay 100 of District's property tax rate for a period of five (5) years after the annexation of any such territory. In the sixth year following annex- e ation of any such territory, the payment shall be reduced by 20~ for each succeeding year and at the end of the tenth year from the date of annexation or the expiration of this agreement, whichever shall occur first, no further payments shall be made for such territories. It is fur- ther understood and agreed that such reimbursement to District for such territories where District retains the obligation of first response shall remain in full force and effect for the ten (10) year period from the effec- tive date of this agreement even though the agreement in other respects may be amended, modified or terminated. Section 7. Termination. This agreement may be terminated upon ninety (90) days written notice by either City or District. It is under- stood and agreed that such notice shall set forth the reason for requesting said termination and during the ninety-day period, the parties to this agreement shall meet to attempt to satisfy the causes or reasons for the request for ter- mination in a manner mutually beneficial to the parties. Further, this agreement shall terminate if and in the event District should determine that such amount of terri- tory of District has been annexed so as to make it finan- cially or practically infeasible to continue to carry out a program of fire protection for the balance of the Dis- trict. - 2 - Section 8. Consultation. Members of the staff on the legislative bodies of both the City and District shall meet for the purpose of con- saltation and review of the automatic response program established by this agreement on a semi-annual basis. Said meetings shall be conducted alternately in the offices of the City and the District commencing with the initial meeting in October of 1977 in the offices of the District. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHITLA VISTA MONTGOMERY FIRE PROTECTION DISTRICT ~\ ~ ~-=~~.) ~ ~ jr Mayor o the City of hula vista . ~ ";'~ ATTEST. ~~?y . J: " //` City Cler s Approved as to form by j ' , i ~\ l~ i~ %~ ~ City ttorney - 3 -