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HomeMy WebLinkAbout95-91 RESOLUTIONs RESOLUTION NO. A RESOLUTION AUTHORIZING A NEWFIRE CONTRACT WITH THE CITY OF GREENLAND. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor authorized and directed to execute City of Greenland from June 1, 1991 of $45,000 annually. A copy of execution hereby is attached hereto part hereof. and City Clerk are hereby a new fire contract with the to May 31, 1996 in the amount the contract authorized for marked Exhibit "A" and made a PASSED AND APPROVED this 21st day of May , 1991. • SATTEST: By: City Cl v • . i APPROVED: By • • • • CONTRACT THIS CONTRACT executed this /S4. /i/o 543/9/ day of Pit 1991, by and between the City of Fayetteville, Arkansas, hereinafter called "Fayetteville", and the City of Greenland, Arkansas, hereinafter called "Greenland". WHEREAS, Fayetteville mans and equips an organized fire department; and WHEREAS, Greenland does not have an organized fire department; and WHEREAS, Greenland desires to contract with Fayetteville for the Fayetteville Fire Department to combat fires which may occur in Greenland; and WHEREAS, the purpose of this agreement is set forth the terms and conditions under which the Fayetteville Fire Department will combat fires in Greenland. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereby agree as follows: 1. The term of this contract shall be five years, beginning June 1, 1991 and expiring May 31, 1996. 2. The Fayetteville Fire Department shall provide standby fire protection to the City of Greenland and shall combat fires occurring in Greenland from the effective date of this contract subject to the conditions set out herein. ow - 3. During the term of this contract the Fayetteville Fire Department shall provide fire fighting machinery and equipment, with the necessary firemen to operate the same, to combat fires occurring in Greenland; provided, Fayetteville shall have the right to limit its response to any fire located in Greenland if the Fayetteville City Manager or the Fayetteville Fire Chief determines that such a response will substantially impair the ability of the Fayetteville Fire Department to combat a fire or fires occurring in Fayetteville. 4. Greenland shall pay Fayetteville a sum in four equal installments each year, which sum shall be $45,000 annually, with each of the four quarterly installments totaling $11,250. The first installment will be due on June 1, 1991 with subsequent installments due each September 1, January 1, March 1, and June 1. Failure to pay said fees in a timely manner will give Fayetteville the option to cancel this contract by written notice to Greenland. 5. Greenland may terminate this contract at the end of any quarter (September 1, December 1, March 1, and June 1) prior to the expiration date hereof (May 31, 1996) by g iving Fayetteville fifteen (15) days written termination. Said notice shall be sent to: Fayetteville City Manager 113 West Mountain Fayetteville, Arkansas 72701 notice of 6. Fayetteville may terminate or ask for renegotiation of this contract if Greenland annexes significant additional lands or has growth which significantly increases Fayetteville's responsibility under the contract. 7 This contract shall become effective on the date of its signing by representatives of both cities. 8. Neither the City of Fayetteville nor any o fficial or Fayetteville Fire Department employee involved in combating a fire shall be liable for any damages or loss when the Fayetteville Fire Department is fire located within Greenland. 9. All members of the Fayetteville Fire Department engaged in fighting a fire located in Greenland shall be considered to be acting within their line of duty and Fayetteville official or in Greenland that occurs combating a • in discharge thereof and shall not lose or forfeit any ✓ ight or benefit in rank, pay, disability, or retirement payments or benefits. 10. There shall be attached hereto a certified copy of the Resolution adopted by the governing bodies of Fayetteville and Greenland authorizing the execution of this contract. 11. Any modification of this Contract must be in writing and authorized by the governing bodies of Fayetteville and Greenland. IN WITNESS WHEREOF, this Contract has been executed on the date first above written. ATTEST.: Pott +a Nipmitteg City Clerk CITY OF FA2FLE, ARKANSAS Mayor CITY OF GREENLAND, ARKANSAS By: