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HomeMy WebLinkAbout1979-009 No Bannock Cnty Fire Protection DistCiTY OF CHUBBUCK, IDAHO RESOLUTION NO. 9 - ?9 WHEREAS, the City of Chubbuck has entered into a contract with the duly formed North Bannock County Fire Protection District to provide fire protection services in said District; and WHEREAS, the contract period extends from May 21, 1979 to May 21, 1980; and WHEREAS, the contract provides for consideration to be given by the District to the City in the sum of $30,000, of which $18,000 is to be paid not later than February 1, 1980, and the remaining $12,000 to be paid not later than August 1, 1980; and WHEREAS, the City and District have further agreed that the District furnish the City a fire truck on the understanding that such a truck will be made available to the District by Bannock County and that thetruck will thereupon become the property of the City in return for a credit of $2,000 allowed to the District against the amounts due under the fire protection contract with the City; and WHEREAS, the District has not obtained the fire truck from the County and has failed to deliver it to the City; and WHEREAS, the District, through its counsel, has advised the City that it cannot levy taxes, as approved by its voters, during 1979, because Idaho Code section 63-921 requires any taxing district to be organized not later than January 1 of the year in which it seeks to levy taxes; and WHEREAS, due to the restrictions of said statute, the District will be unable to collect taxes in a timely manner to make payments to the City as required by the present contract; and WHEREAS, although the District has bonding authority, the passage of a bond to satisfy contract requirements may be uncertain and would impose upon the taxpayers of the District substantial expense in addition to the cost of the contract and reasonable and ordinary costs of administering the District; and WHEREAS, the County is authorized under Idaho Code section 31-868 to enter into a contract with the City or the District to provide fire protec- tion services in areas of the county not otherwise receiving fire protec- tion; and WHEREAS, the City does not have financial resources to provide fire protection services through 1979 and 1980 without payment during those years; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO, that, in view of the fact that the District has not performed under the contract and appears unlikely to be able to perform during the current contract year, the Mayor is hereby authorized to declare and give notice, at such time as he deems most expedient to pro- tect City resources, that services under the contract areterminated unless or until the fire truck is furnished and evidence is provided that funds -1- are available from a specific, committed source from which to make timely payments under the contract. If services are terminated pursuant to such declaration and notice, the City shall pursue remedies available to collect payment of reasonable compensation, consistent with the contract, for ser- vices provided to the District. AND BE IT FURTHER RESOLVED that the County is urged to exercise its statutory authority to provide funds for the service until such time as the District can lawfully levy and collect the taxes approved by its voters. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR of the City of Chubbuck, Idaho, this 14th day of August, 1979. ATTEST: cit y Clerk -2-