2013-538 Orange County - Town of Chapel Hill Fire Protection and Emergency Services Agreement

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Please return this copy to the Clerk's to the Board's —office for permanent agenda file. CX_ STATE OF NORTH CAROLINA ORANGE COUNTY FIRE PROTECTION AND EMERGENCY SERVICES AGREEMENT THIS AGREEMENT (this "Agreement), made and entered into this 14th day of June , 2013 by and between Orange County, hereinafter referred to as the "County" and Town of Chapel Hill, hereinafter referred to as the "Town", both referred to herein individually as "Party" and jointly as "Parties". WITNESSETH: 1. County created the Greater Chapel Hill Fire Service District (the "District") as a County Service District as delineated on Exhibit A to this Agreement pursuant to Chapter 153A, Article 16 of the North Carolina General Statutes and desires to contract with Town for fire protection and other services as set out herein. 2. Pursuant to N.C.G.S. Sec. 153A-307, the County agrees that it will cause to be assessed or levied a special tax of fifteen cents ($.15) per one-hundred dollar ($100) valuation of all real and personal property in the District unless otherwise limited or prohibited by law or a vote of the people, and will collect said tax as a part of the ad valorem taxes of Orange County; provided however, the amount levied annually shall be based on the needs projected in the budget estimate submitted by the Town to the County as approved by the County. 3. That a special or separate fund shall be maintained by the County for funds collected as a result of said special tax. 4. That from said special tax ninety-eight and one-half percent (98.5%) of current and delinquent funds collected on real and personal property excluding motor vehicles and ninety-eight and one-half percent (98.5%) of funds collected on motor vehicles shall be remitted to the Town in quarterly payments by the 15th day of the first month of each quarter for the first three quarters beginning in July and ending on March 31, and the final quarterly payment will be made based on the County Finance Director's estimate of overall tax collections through the fiscal year end not to exceed the appropriation amount. 5. The Town shall provide and furnish adequate fire protection services and shall provide the necessary equipment, personnel, and other resources as determined by the North Carolina Department of Insurance, Fire and Rescue Service Division, and the Insurance Service Office for all persons and property located within the District. Town currently has an insurance rating of 3 , and during the term of this Agreement will maintain at least a 3 insurance rating. Town will furnish fire, rescue and medical responder services on the same basis and in the same manner as it provides such services within the Town free of charge to all persons and individuals within the District, provided, however that this Agreement shall not prevent the Town from imposing fees, so long as such fees are the same for properties in the District 1