§ 10-6. Fire protection outside corporate limits—Limitations; contracts.

(a) Except as otherwise provided by contract no fire protection service shall be rendered outside the corporate limits of the city by the fire department of the city except to:

(1) Protect property within the city threatened by fire outside the city;

(2) Protect municipally owned property located outside the city;

(3) Go to the aid of the fire department of another municipality threatened with disaster, when requested to do so by the duly authorized fire official of such municipality;

(4) Protect the property of an individual or corporation who has made previous arrangements with the city as provided in paragraph (b) below.

(b) Any political subdivision, business or corporation owning any property may enter into a contract for service protection with the city as outlined in (a), provided a fee for such service is paid to the city.

(1) Polk County contract. The city manager shall be authorized to approve fire service contracts with Polk County which are based on standardized formulas used between the county and municipalities with whom they contract.

(2) Annual fire protection agreement. The city manager shall be authorized to execute annual fire protection agreements with any political subdivision other than Polk County, business or corporation owning property outside the corporate limits on the following fee basis:

a. Commercial. Fee shall be calculated at the current Fire Assessment Fee rate as adopted each year by the City Commission or as otherwise established by the City Commission for each fiscal year.

b. Residential. Fee shall be calculated at the current Fire Assessment Fee rate as adopted each year by the City Commission or as otherwise established by the City Commission for each fiscal year.

(3) Temporary fire protection agreement. The city manager, with the advice of the fire chief, shall be authorized to enter into agreements for the temporary provision of fire service with fee for such temporary service to be calculated on the basis of hourly equipment and labor costs.

(4) Payment of fees for fire protection.

a. County contract. Fees shall be paid per distribution schedule determined by the office of the county tax collector.

b. Annual agreement. Statements shall be sent to all agreement holders for payment which shall be due on January first of each year. If payment is not received by the city on or before January fifteenth of each year, all fire protection will be terminated.

c. Temporary agreement. Anticipated costs will be paid prior to provision of service when feasible. Reimbursement for unanticipated costs and other costs not paid prior to provision of service will be billed by statement and due within thirty (30) days of submittal of statement.

(c) Upon the payment of the fees, as provided in paragraph (b) above, the city manager is hereby authorized to enter into a contract with the individual or corporation desiring fire protection service; however, such a contract shall specifically state that the city and the fire department thereof in no way obligates itself to respond to any call for fire protection service beyond its corporate limits, and that the calls will be answered only within the discretion of the chief of the fire department when, in his opinion, the answering of such calls will in no way interfere with or jeopardize the safety of the properties within the city limits. Nor shall the city or the fire department thereof be liable in any respect to any individual or corporation signing a contract with the city for any damage to property, loss by fire, damage by water, injuries to persons or damage to property by reason of attending the fire, or arising from the failure of the fire department to answer a fire call. 

(Code 1962, §§ 10-6—10-8; Ord. No. 94-01, § 1, 1-18-94; Ord. No. 2005-28, § 1, 8-2-05; Ord. No. 2015-06, § 1, 08-04-15)