Agreement Creating Joint Fire Department

November 27th, 2007

1. Creation of Department

Pursuant to Wisconsin Statutes 60.55 (1) (a)2, 61.65 (2) (a)3 and 66.0301, 1.here is hereby created a joint fire department to be known as the "Four Comers Emergency Services District" (hereafter "District'').

2. Purpose

This agreement is entered into for the purpose of forming an entity to provide fire protection, ambulance services, fire prevention inspections, water rescue, public fire prevention education, assistance to law enforcement agencies, natural disaster assistance and other emergency services within the areas of member municipalities hereafter specified. Services shall be provided by two distinct divisions, the fire protection service and the ambulance service. It. is the intent that the District shall be a joint fire department within the meaning of Wisconsin Statutes 60.55 (1) (a)2 and 61.56 (2) (a)3. While police services are not being provided by the District at this time, it is intended that the District be a potential vehicle for providing such services in the future.

3. Member Municipalities

The following governmental entities are hereby designated as the areas to be afforded fire protection by the District:

Town of Edgewater Sawyer County
Town of Wilson Rusk County
Town of Doyle Barron County
Town of Cedar Lake Barron County
Town of Long Lake Washburn County
Town of Birchwood Washburn County
Village of Birchwood Washburn County

The following governmental entities are hereby designated as the areas to be afforded ambulance service by the District:

Town of Edgewater Sawyer County
Town of Wilson Rusk County
Town of Cedar Lake Barron County (Sections: 1,2,3,9,11,12,13,14,23,24,25,26,35,36)
Town of Birchwood Washburn County
Village of Birchwood Washburn County
Town of Long Lake Washburn County (the following portions
of the Town of Long Lake:

  1. In T37N, RllW, Sections 1, 11,12,13,14,23,24,25,26,35,
    and 36, and those portions of Sections 2,3,10
    and
    15 lying east of Long Lake
    (but
    excluding Kunz Island);
  2. In T38N, R11W, the lands lying east of Long Lake.

4. Joint Board of Commissioners

The District shall be governed by a Joint Board of Commissioners (Hereafter "Joint Board") which shall be the Joint Board of fire commissioners within the meaning of Wisconsin Statutes 60.55 (l)(a)2 and 61.65 (2)(b)2. The Joint Board shall be responsible for establishing policies pertaining to the operation of the District and shall control the finances of the District. The Joint board shall consist of commissioners with one commissioner to be appointed by each member municipality, which appointee shall not be a firefighter or emergency medical technician employed by the District. Each member municipality shall determine its own procedures for appointment of commissioners, and may change the appointee at its own discretion upon reasonable notice to other member municipalities and the District.

5. Officers

The Joint Board shall elect a President, Vice. President and secretary/treasurer, each of whom shall serve for a term of two years. Election of officers shall take place in May of odd-numbered years following the Town and Village elections in April of that year, except that the inception of the District officers shall be elected to serve until May of the next odd-numbered year.

6. Powers of the Joint Board of Commissioners

The Joint Board shall have the exclusive power to transact the business and affairs of the District These powers include, without limitation, the power to purchase and dispose of the property of the District and to employ, suspend or terminate the District employees. The Joint Board shall have the power to authorize the President and Secretaryffreasurer to borrow money and execute all necessary documents on such terms as the Joint Board may direct.

The Joint Board shall adopt By-Laws for both the fire protection division and the ambulance division. Until other By-Laws are adopted, the existing By-Laws of the Birchwood Fire Department and the Birchwood Ambulance Service are hereby adopted except to the extent inconsistent with this agreement. The ByLaws shall provide for regular and special meeting of the Joint Board of Commissioners; until any other provision is adopted by the By-Laws, the Joint Board shall hold regular monthly meetings and special meetings at the call of the President All meetings, including notices thereof, shall comply with the Wisconsin Open Meeting Law, Chapter 19, Sub-Chapter V. Wisconsin Statutes, as the same may be amended from time to time.

The Joint Board shall maintain Ultimate control and be responsible for the operation of the District. However, it is deemed essential to the operation of this District that the Joint Board will rely heavily upon the Judgment and advice of the fire chief, in all matters germane to the technical requirements of the fire protection service, and the ambulance director in all matters germane to the technical requirements of the ambulance service.

7. Fiscal and Budget

The Joint Board shall approve the budgets of both the fire protection service and of the ambulance service each year prior to September 21 to provide each participating government entity adequate notice for their budget preparations.

The Joint Board shall approve the fiscal expenditures for the fire protection service and charge each participating town and · village proportionally to their share of the District's equalized property value, providing the total budget does not exceed 1/4 mil of their equalized property value.

The Joint Board shall approve the fiscal expenditures of the ambulance service and charge each Town and Village proportionately to their share of the ambulance service formula. The formula is based on each Town's and Village's proportion of their equalized property value adjusted based on their proportion of ambulance calls over the immediately preceding three years. Those having more calls will pay more and those having fewer calls will pay less.

The payment by participating governmental entities will be due each year one-half by January 31 and one-half by April 30; any late payment will be subject to a monthly interest charge of 1.5% of 18% annually.

8. Fiscal Participation and Voting Participation

The district shall use the total equalized property value of the District for those participating in fire protection and each entity will be responsible for their portion (entity's equalized property value divided by the total epv) of the budget.

The District shall use the following formula. for those participating in ambulance services: each entity will be responsible for their portion (entity's equalized property value divided by the total epv) of property value adjusted for the entity's proportion of ambulance calls over the immediately preceding three years ( see attached example) of that portion of the budget not covered by other revenue. Fiscal participation will be different for fire protection and ambulance service. Each entity will have one vote.

9. Quorum and Voting Requirements

(a) Commissioners representing a majority of total voting power constitute a quorum for doing business other than as provided in sub-sections (b) and (c) below a majority vote of commissioners constituting a quorum shall constitute the action of the Joint Board.

(b) This agreement may be amended only by the affirmative vote of two-thirds of all commissioners representing member municipalities. Amendment admitting additional municipal members for fire protection shall require the consent of all existing member municipalities currently utilizing the fire protection services of the District. Amendment admitting additional municipal members for ambulance service services shall require the consent of all existing member municipalities currently utilizing the ambulance services of the District.

(c) Capital expenditures in the amount of $50,000 or more may be authorized only by the vote of two-thirds of all commissioners constituting the Joint Board.

10. Withdrawal

Any member municipality may withdraw from the District upon nine months written notice. A withdrawing member shall remain responsible for its portion of existing debt of the District at the time of withdrawal. All property of the District is the property of the District as an entity and not of its constituent members, and a withdrawing member shall have no claim to any property of the District.

Agreement Originally Signed by:

Waldo Asp Chairman, Town of Edgewater

Earl Smith Jr Chairman, Town of Wilson

Keith Hardie Chairman, Town of Doyle

Jon Sleik Chairman, Town of Cedar Lake

L Sandridge Chairman, Town of Long Lake

Romaine Quinn Chairman, Town of Birchwood

Morris Gillet President, Village of Birchwood

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