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
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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
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