§ 1233-13. Contract.  


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  • Upon payment of the proper fee, the city manager shall be authorized to execute a contract with the representatives of the fire protection district whereby the city shall undertake to furnish city fire protection to the petitioning property owners of the fire protection district. The contract shall, in no event, confer a right of action for damages on any property owner of the district or on any other person for operation or failure to operate thereunder. The city will not establish any fire houses or fixed equipment outside the city limits. Where the protection period is less or more than a year, the fee shall be proportionately less or greater than the fixed annual fee, according to the number of months. In calculating the number of months, fractional parts of a month consisting of 10 days or less shall be disregarded. Where the fractional part is more than 10 days it shall be counted as a full month.

    In the case of the annexation to the city of the whole or a part of a fire protection district more than one month before the end of the fire protection period, the city manager shall calculate the equitable refund due the property owners for the unexpired part of the protection period and shall report the result of such calculation to council for such action as council shall consider proper.

(C.O. 705-12; renumbered to C.M.C. 711-13, eff. Jan. 1, 1972; renumbered to C.M.C. 1233-13 by Ord. No. 364-1979, eff. Sept. 6, 1979; repealed and reordained as Sec. 1233-13 by Ord. No. 385-1984, eff. Sept. 6, 1984)