2003 - 05-05-03 Regular Meeting - Laserfiche WebLink

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DRt NORTH CAROLINA) 350 q\ 4L9 PACE ;3.9 AGREEMENT LEE COUNTY ) THIS AGREEMENT, made and entered into this the 5th day of May 2003, by and between LEE COUNTY, hereinafter referred to as the County, and the Carolina Trace Volunteer Fire Department, hereinafter referred to as the Fire Department; WITNESSETI-1: WHEREAS North Carolina General Statute 69-25.5/153A.300 provides that counties may provide for fire and rescue protection in a designated district by contracting with any incorporated nonprofit volunteer or community fire department; and WHEREAS, Chapter 159 of the North Carolina General Statutes provides that the county budget ordinance may be in any form that the Board of County Commissioners of any county deems most efficient in enabling it to make the Fiscal policy decision embodied therein and provides for a fund for each special district whose taxes are collected by the county; and WHEREAS, the Fire Department is a nonprofit corporation organized and authorized to furnish fire and rescue protection service to the citizens of its district; and WHEREAS, the Fire Department serves the area of a special tax district created by a vote of the people known as the Carolina Trace Fire District of Lee County (the District); and WHEREAS, Lee County presently levies and collects a special tax and is responsible for appropriating the funds derived therefrom for Fire protection in the fire district; and WHEREAS, the County and the Fire Department desire to enter into this agreement for the Fire Department to furnish fire and rescue protection for and within the District- NOW, THEREFORE, in consideration of the premises and of other good and valuable considerations, the parties hereto contract and agree as follows: • 1. Lee County agrees that it will provide funds, from the special tax which is levied in such amount as the Board of County Commissioners may deem necessary from year to year upon the valuation of all taxable real and personal property in the Carolina Trace Fire District of Lee County, unless otherwise limited or restricted by law or unless the people of the District shall vote to terminate said tax. The County will collect the funds from the special tax as may be levied as provided by law. For each fiscal year, the funds estimated to be provided from the special tax shall be based on the needs projected in the budget estimate jointly submitted by the Fire Department and the County staff to the County Commissioners and as approved by and deemed necessary by the County Commissioners for furnishing fire and rescue protection services within the District. 2. A special or separate fund shall be maintained by the County for funds collected as a result of said special tax. 3. The funds derived from the special tax levied, to the extent they are collected by the County, shall be paid to the Fire Department within the fiscal year as agreed to by the Fire Department and the Lee County Manager. Beginning July I, 2003, payments shall not exceed the net amount of funds collected (after deducting 3% to cover expenses for administration and workmen's compensation) from the special tax for fire protection in the District and shall not