2018-236 Emergency Svc - Fire Protection and Emergency Services Agreement-Chapel Hill

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STATE OF NORTH CAROLINA ORANGE COUNTY FIRE PROTECTION AND EMERGENCY SERVICES AGREEMENT TH S AGREEMENT (this "Agreement "), made and entered into this �day of *l� , 2018 b and between Orange County, hereinafter referred to as the "County" Y � Y Y and Town of Chapel Hill, hereinafter referred to as the "Town ", both referred to herein as "Party" and /or jointly as the "Parties ". WITNESSETH: 1. County created the Greater Chapel Hill Fire Service District (the "District ") as a delineated on Exhibit A to this Agreement pursuant to Chapter 153A, Article 16 of the North Carolina General Statutes and desires to contract with the Town for fire protection and other services from the Chapel Hill Fire Department (the "Fire Department ") as set out herein. 2. Pursuant to NCGS §153A -307, the County agrees that it will cause to be assessed or levied a special tax of not more than 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 Fire Department 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 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 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. Fire Department will furnish fire and rescue services free of charge to all persons and individuals within the District (excluding non - public commercial transportation). Fire Department shall strive to maintain the current ISO rating of 2. 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 services and properties in the District and in the Town. By way of illustration, but not limitation, in the event the Town was to establish a charge for responding to a false alarm, it may