O61-26ORDINANCE No. 61-26
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, PERTAINING TO THE FURNISHING OF
MUNICIPAL FIRE PROTECTION TO AREAS BEYOND
THE MUNICIPAL LIMITS OF THE CITY OF BOYNTON
BEACH: PROVIDING FOR A SAVINGS CLAUSE AND FOR OTHE~
PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON
BEACH, FLORIDA:
SECTION 1. No fire service shall be rendered outside the
municipal limits of the City of Boynton Beach, Florida, by the municipal fire
forces except in the following cases:
(a) To protect property located in a fire protection district
or in a Township, Village or City having a contract with the
City of Boynton Beach for fire pro~ection.
(b) To protect property within the City of Boynton Beach
threatened by a fire outside the City.
(c) To protect City property located outside the City.
(d) To go to the aid of a community threatened with disaster
as a result of a spreading or uncontrolled conflagration.
(mutual aid).
SECTION 2. Outside Fire Protection Line.
The Fire Chief shall determine the location of an outside fire
protection line, including all territory within which the fire forces of the City
could, with safety~ render municipal fire protection service. No fire servic,
shall be rendered beyond the fire protection line except to protect City owned
property or the operating property of an essential public utility serving the
City, or in case of disaster conditions or to render mutual aid to another
City with an organized fire force having fire equipment valued in excess of
$10, 000.00. The location of said line may be modified from time to time to
conform with changing conditions and circumstances.
SECTION 3. Application to establish a fire protection district.
A fire protection district may be established in the territory
within the outside fire protection line on application of the property owners
within such district or in the case of amunicipality by the governing body
thereof~ in accordance with the following provisions:
(a) In the case of an unincorporated area, the application
shall be made on blank forms to be provided by the City Clerk and
shall be signed by the owners of not less than 90% in tax value of all
improved parcels of real estate within the proposed district.
(b) In the case of a:.municipality, the application may
be filed by the governing body of said municipality.
~c) For the purposes of this section, "i~p~oved parcel
of real estate" shall mean a residence, business or other building
with the entire tract of land used in connection therewith. T'Tax
value" shall mean the value for taxation purposes as established by
the County Tax Assessor of Palm Beach County, Florida for the
year preceding the beginning of the fire protection year.
(d) The application shall be accompanied by a plot plan
showing the boundaries o£ the proposed district, the roadstherein
and the approximate location of all buildings therein. It shall
specifically indicate each building whose owner does not join in
the application in the case of an unincorporated area. Also, in
the case of an unincorporated area, the application shall designate
one or more persons to act as representative for the Petitioners.
~e) The application shall be accompanied by a preliminary
fee of $100.00 which shall be considered as payment on account if the
proposed district is established and shall be forfeited if the contract
is either refused by the applicant when offered to the applicant or
is rejected by the City.
SECTION 4: Feasibility of proposed district.
On receipt of an application in proper form for establishment
of a fi~e-., protection district, the City Council shall direct the Fire Chief to
make a
feasible
survey of the proposed district to determine whether or not it is
for the City to furnish fire proection to said area. If the Fire Chief~
shall find the boundaries of the proposed district to be unsatisfactory the same
may, with the approval of the Petitioner, be modified so long as the provisions
of Paragraph "A" Section 3, above are complied with.
SECTION 5: If the City Council, on recommendation of the
Fire Chief, shall determine that it is feasible for the fire forces of the City to
render fire protection in the proposed district, it shall determine in its
discretion, based upon the circumstances in each individual instance, the fire
protection fee, payable for a period of one year, for the district or municipalit
to be served, together with other charges indicated. The fire protection
period for any fire protection district shall expire on October 31st next after
the establishment of the District, except that ifthe District is established after
October 1 of any year, the expiration date shall be October 31st of the succeed-
lng year.
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SECTION 6. Contract.
Upon payment in advance of the established base
fee, the City shall enter into a contract, drawn pursuant to the terms of this
ordinance, with the representatives of the fire protection district, whereby the
City shall undertake to furnish said fire protection to the petitioning property
owners of the fire protection district. The contract shall in no eye, confer
a right of action for damages on any property owner of the district or any
persons for operation, or failure to operate thereunder.
SECTION 7. Unprotected property.
As to unincorporated ~aas, property in a fire protection
district for which no fire protection fee has been paid shall not be entitled to
fire protection. Where the owner of an unprotected vacant lot subsequently
erects a building thereon, he may obtain fire protection for such building upon
payment of the proportionate fee for the unexpired protection period. Owners
of existing buildings in a fire protection district, not joining in the application
for fire protection nor paying a fire protection fee may have their buildings
subsequently protected under the contract l~ut only upon payment of the full fee
which would have been charged against them had they joined in the application
for the curre~l fire protection year.
SECTION 8. Renewals.
Renewals of contract for fire protection districts shall be made
as in the case of original applications. Applieations for renewal shall be mad
not less than thirty days before the expiration date of the existing contract and
renewal payments shall be made not less than ten days before such expiration
date. The City shall be under no obligation to menew any fire protection con-
tract contemplated hereunder.
SECTION 9. Equipment utilized in fire calls.
The Fire Chief of the City of Boynton Beach, Florida, shall hav,
full discretion as to how much equipment shall be sent to answer any call or
calls made to fire protection districts under contract.
SECTION 10: Insurance.
Any fire protection district, township, village or city entering
into a fire protection contra~t with the City of Boynton Beach, shall, in
addition to the conditions hereinabove provided, furnish the City with a
general liability insurance policy for protection of the City of Boynton Beach
in the minimum amount of $100, 000.00 for injuries to any one person, and
$300, 000.00 for injuries to more than one person in any one a~rident in
connection with the operations under a fire protection contract. In addition,
any applicant for a fire protection contract shall furnish the City with an
appropriate instrument releasing the City of Boynton Beach, Florida, its
officers, agents and employees from any and all claims for damages or loss
resulting from failure to furnish or delay in furnishing men or apparatus or
for failure to prevent or control any conflagration whether resulting from
its officers, agents or employees or
neglect of the City of Boynton Beach,
otherwise.
inconsistent with,
r epe ale d.
SECTION 11. Repealing Provisions.
Ail ordinances or parts of ordinances insofar as they may be
or conflict with the provisions of this ordinance are hereby
SECTION 12. Severability.
Should any section or pr~ision of this ordinance or any portior
paragraph, sentence or phrase or word thereof be declared by a court of
competent jurisdiction to be unlawful, such deeision shall not affect the validi~
or the remainder thereof as a whole or part thereof other than the part
de clare d invalid.
SECTION 13. Effective date.
This ordinance shall becomee~fective in the manner and at the
time provided by the Charter and Ordinances of the City of Boynton Beach,
Florida.
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Ao
D.~ 1961.
First reading this 5th day of September , A.D. 1961.
Second, final reading and passage this, ~ day of ~g~-~
(CORPORATE SEAL)
' ,,,.,' ' ' Mayor
~ouneilman
/ Councilman
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