2000-278 0RDINANCE NO a'~ffO-~ ~
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 Ordmances, 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 vehmle 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 stratus 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 pubhc 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
ECT~ 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 or&nance as if copied in their
entirety
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~_~ The Denton Code of Ordinances, Chaper 11 "Fire Prevention" Article 1 is
hereby amended by adding section 11-3 to read as follows
See. 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, mmntenance 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 Chief 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 m the full time employment of the c~ty, 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, ~nchidlng but not hm~ted 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 ~n
full w~thln sixty (60) days of the date of the invoice Fmhire to timely make
payment may result m the accumulation of interest on any unpaid balances at
the rate of 10 percent per annum for any unpaid balances
B Enforcement
The Caty may enforce the provisions of this Ordinance by any action allowed by
law for the collection of any amounts due hereunder, ancludlng reasonable and
necessary attorneys fees, costs, and expenses, in a court of competent jurisdiction
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~ If any section, article, paragraph, sentence, clause, phrase or word m th~s
ordinance or application thereto any person or c~rcumstances is held ~nvahd or tmconst~tut~onal
by a court of competent junsdmt~on, such holding shall not affect the validity of the remaining
portions of this ordinance, and the C~ty Council hereby declares it would have passed such
remalmng pomons of th~s ordinance despite such invalidity, whmh remmmng portmns shall
remmn ~n full force and effect
~ That thru ordinance shall become effective ~mmedmtely upon its passage
and approval
PASSED AND APPROVED this the g~_.~n day of~, 2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY ..... .~ _ ,.4
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
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