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HomeMy WebLinkAbout2000-278F bnereEWeOLGLQ4r Wwmem dMance,WFIre Prot Fee, OW Onc ORDINANCE NO AWO-A 7t AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER ELEVEN "FIRE PREVENTION" OF THE DENTON CODE OF ORDINANCES TO PROVIDE FOR THE COLLECTION OF FEES AND COST RECOVERY FOR FIRE PREVENTION AND PROTECTION SERVICES AND OTHER PUBLIC SAFETY AND EMERGENCY SERVICES RENDERED BY THE CITY OF DENTON FOR MOTOR VEHICLE ACCIDENTS INVOLVING NON-RESIDENTS, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton contributes monies to the Denton Fire Department to provide fire protection and emergency services, and WHEREAS, the City of Denton provides such fire protection service pursuant to the City of Denton Code of Ordinances, and WHEREAS, the City Council finds that there are increasing costs associated with providing adequate fire prevention and protection services and other public safety and emergency services, including services resulting from extraordinary and dangerous occurrences and hazardous material incidents involving motor vehicle accidents that may impair the City of Denton's ability to provide all necessary emergency services, and WHEREAS, the City Council finds that providing these services to non-residents within the city strains the resources of the city and impairs the City of Denton's ability to provide all necessary emergency services to its residents, and WHEREAS, the City Council of the City of Denton has determined that it is in the best interest of the health, safety and general welfare of the citizens of the City of Denton and the Denton Fire Department to recoup costs associated with providing fire protection and other emergency services to non-residents involved in motor vehicle accidents, and WHEREAS, the City Council has determined that in order to protect the public health, safety, and welfare, and to protect and preserve public funds and tax dollars, the City of Denton should adopt a policy to seek reimbursement of expenses and costs incurred while providing such fire prevention and emergency services from non-residents of the City of Denton involved in motor vehicle accidents, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That all of the above preambles are hereby found to be true and correct and are hereby approved and incorporated into the body of this ordinance as if copied in their entirety Page 1 of 3 F %ham OPMGLZUf DwumanM` Winpr gk N. PM Fags 00 doc SECTION 2 The Denton Code of Ordinances, Chaper 11 "Fire Prevention" Article 1 is hereby amended by adding section 11-3 to read as follows Sec. 11-3 Recovering cost for fire protection and emergency services A Collection of Fees 1 The Chief of the Denton Fire Department, or his designee, shall collect all fees and costs for fire prevention services and for other public safety and emergency services rendered by the Department when providing these services for motor vehicle accidents Such fees include but are not limited to the use of equipment, materials, maintenance and overhead expenses and costs of whatever nature which constitute full reimbursement to the Denton Fire Department for services actually rendered and as hereinafter authorized 2 Within thirty (30) days of the date of providing fire prevention and protection services or other public safety and emergency services for motor vehicle accidents, the Cluef of the Denton Fire Department, or his designee, shall submit an invoice for all costs, fees, charges and expenses related to providing such services, to include but not limited to all actual expenses including costs of equipment operations, cost of materials utilized, costs of specialists, experts or other contract labor not in the full time employment of the city, overtime costs, and other incidental costs incurred by the city as a result of the incident, to the customer, client, owner, designated agent, representative and/or insurance company who received, covered and/or otherwise benefited from these services The provisions of this section shall apply only to those persons who were not residing within the City of Denton at the time of the incident which led to the benefits of services 3 Any bills, fines or penalties, including but not limited to clean up costs, fees or expenses that are imposed upon the City of Denton or the Denton Fire Department by any local, state or federal agency, related to the rendering of fire protection or prevention services or of other public safety and emergency services involving motor vehicle accidents, may be included in the billing or billed separately within thirty (30) days of receipt 4 Any fees or expenses billed by the Chief, or his designee, shall be payable in full within sixty (60) days of the date of the invoice Failure to timely make payment may result in the accumulation of interest on any unpaid balances at the rate of 10 percent per annum for any unpaid balances B Enforcement The City may enforce the provisions of this Ordinance by any action allowed by law for the collection of any amounts due hereunder, including reasonable and necessary attorneys fees, costs, and expenses, in a court of competent jurisdiction Page 2 of 3 F 1sherowepeLGL%ow D wmftb MlnencesWflre PM Fees ON Ooc SECTION 3 If any section, article, paragraph, sentence, clause, phrase or word in this ordinance or application thereto any person or circumstances is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council hereby declares it would have passed such remaining portions of this ordinance despite such invalidity, which remaining portions shall remain in full force and effect SECTION 4 That this ordinance shall become effective immediately upon its passage and approval / PASSED AND APPROVED this the day of Q e , 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY' / Page 3 of 3