HomeMy WebLinkAboutOrdinance 3490 F' LE9 FCp RECORD
`90 JUL 12 Rn 9 5y
ORDINANCE NO . 3490
ML LOA
AN ORDINANCE AUTHORIZING THE FIRE DEPARTMENT L04EyER
OF THE CITY OF FAYETTEVILLE TO RESPOND TO
HAZARDOUS MATERIALS INCIDENTS , DEFINING A
HAZARDOUS MATERIALS INCIDENT , AND AUTHORIZING
THE CITY TO BILL AND COLLECT FOR THE COSTS
INCURRED IN RESPONDING TO HAZARDOUS MATERIALS
INCIDENTS . /
WHEREAS , the costs incurred by the ✓City of Fayetteville and
its Fire Department in responding to hazardous materials incidents
is considerable and places a significant financial burden upon the
limited financial resources of the City , and
WHEREAS , the recipient ( s ) of the services received from the
Fire Department of the City of Fayetteville in managing and
mitigating a hazardous materials incident should bear the costs of
such services .
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE , ARKANSAS :
Section 1 . AUTHORIZATION : The Fayetteville Fire
Department is hereby authorized to respond to hazardous materials
incidents inside the City of Fayetteville , outside the City where
contracts for fire protection with the City of Fayetteville exist ,
and outside the City upon a call for assistance from another fire
department within Washington or Benton Counties which is serviced
by the Southwest Arkansas Regional Hazardous Materials Response
Team .
Section 2 . DEFINITION : As used in this ordinance
"hazardous materials incident " shall mean any incident involving
the release , spill , leak , or other undesirable accumulation of any
substance for which a Material Safety Data Sheet ( MSDS ) is
required under Section 311 of the Emergency Planning and Community
Right - To -Know Act of 1986 ( Public Law 99 - 499 ) .
Section 3 . RATES , REIMBURSEMENTS , COLLECTIONS AND
RECORDS :
1 . ( a ) The Fire Department of the City of Fayetteville is
hereby authorized to bill and collect from
recipients of services for all costs incurred by
the Fayetteville Fire Department responding to a
hazardous materials incident , including but not
limited to :
1 ) A charge of $ 200 for the first hour and $ 100
for each additional hour for each major piece
of fire apparatus which responds to the
incident , and
LI84R1,J I �P�`G��'J�
I , I
2 ) An hourly charge equivalent to the regular
hourly pay for each hour that each on- duty
employee of the Fayetteville Fire Department
spends in response to and / or on the scene of
the incident , and the regular time and one -
half rate of pay for each hour that each off -
duty employee of the Fayetteville Fire
Department spends in response to and / or on the
scene of the incident , and
3 ) The replacement costs of all expendable
equipment and supplies used by the
Fayetteville Fire Department in managing and
mitigating the incident including any
equipment damaged or made unusable by
contamination , and
4 ) All costs incurred by the Fayetteville Fire
Department for any labor , materials , or
supplies provided by third parties at the
request of the Fayetteville Fire Department ,
including but not limited to , the Northwest
Arkansas Regional Hazardous Materials
Emergency Response Team , local government
entities , business and industrial facilities ,
specialist , consultants , and utilities , and
any other costs necessary to manage and
mitigate the incident .
( b ) The fire chief , or his designated representative ,
shall collect charges due the City for the
provision of hazardous materials incident services
and shall :
1 ) Prepare and issue statements for charges to
petsons , corporations , partnerships or any
other entities , who are provided Lzardous
materials incident services under this
ordinance .
2 ) File suit to collect delinquent charges due
within a reasonable time after the service is
provided .
3 ) Maintain adequate records _ which shall contain
the following information :
a ) date ;
b ) funds collected for services rendered ;
c ) accounts receivable ;
d ) unpaid charges ;
e ) such other information as may be required
by officials of the City of Fayetteville .
UBEP,. 1315P,. F2,O
Section 4 . The Board of Directors hereby determines that
the. immediate collection from recipients for services provided by
the Fayetteville Fire Department in responding to hazardous
materials incidents is essential to the public health , safety , and
welfare . Therefore , an emergency is hereby declared to exist , and
this ordinance being necessary for the public health , safety , and
Welfare shall be in full force and effect from and after its
passage and approval .
PASSED AND APPROVED this 3rrl day of T,�y 1990 ,
APPROVED :
BV :
Mayor
ATsTEST i ' ,
t ,
BY r t' — I ..
C3[ktk
t
oBA3 ( 5PRGi 269
CERTIFICATE OF RECORD
State of Arlgnsas < SS
Cl of Fayetteville
Sherry Thomas, City Cierk and Ex-
I, Alma Kcllmeyer, Ci-cuit Clerk and �fficio recorder for the City of
Ex-officio (' xc'r'I ru t" '-�hir ilon County, Fayetteville, do hereby certify that the
Arkansas, d, n,. ._y cc:nry that this in- annexed or foregoing is of record in my
crumont vias r::.:d for record in my office Office and the same appear""" s��, In
co indic^ted hereon and tiro tome is now Ordinance & Resolution book at
duly rccor iod w;'.h t'rr cr'+m vledcdement �e�� witness my an and
and cerl:'imIJ I' -ccci, in (:.cord Book and 19 LC —n18ait
Of
Pori w ire -r ..,d t ar. on. _
I:1 v::—. o W" ::-,'- :7, I I•ova hereunto a t/Z4
set my hand and affix: d' i: .; scot of said city Clerk aR EY-Offfc.o Re.jyAar
Court on the 6fjino¢atcd hereon.
Alma Kolimeyer
Circuit Clerk and
Ex-officio Recor.'Lr
by i ,`3,
7MAANCElN 0'
3190
1Dt 1• A(I1N 1 � EIZINGTH E FIRM7=NTSOFt STHSTATE of ARKANSAS
POFA D7V L_MATERIALSi IN- County Of Washington
, DEFINING A:US.MATERJALSi -
; I NCI DE_NT ;: AN D
AUTHORIZING THE CITY
TO BILL AND COLLECT I, hereby certifythat
FOR . THE COST S, INCUR-, amthepublishero HENORTHWESTARNSAS TIMES, a dally newspaper
RED IN RESPONDING�TOI having a second c as mailing privilege, an being not less than four a es of
HAZARDOUS MATERIALS, P B
INCIDENTS. five columns each, published at a fixed place of business and at a fixed (daily)
WHEREAS, the costs in. intervals continuously In the City of Fayetteville, County of Washington, Arkansas
c rredvilla by thiii Fir;Of Fayeapart-; for more than a period of twelve months, circulated and distributed from an
I menta antl Its Fire' Depart-
I mens in res pe.* to haz-' established place of business to subscribers and readers generally of all classes
erconsiderable is Incidents
acessa , copy, or a fixed Price Pos s materialplin the City and County for a definite price for each fier
Is ca
.significant financial burden annum, which price was fixed at what is considered the value of the publication,
upon . the. ginited' financial' based upon the news value and service value it contains, that at least fifty percent
resources of the City, and
WHEREAS; the 'reci- of the subscribers thereto have paidcash for their subscriptions to thenewspaper
pient(s) :of ;he services or its agents or through recognized news dealers over a period of at least six
received from the Fire months; and that the said newspaper ublishes an average of more than forty
P g
Department of the City oft
: Fayetteville in managing percent news matter.
and mltlgating•a hazardousl
materials incident shoutdl
bear the costs of such ser- I further certify that the legal notice hereto attached In the matter of
vices.
BE ITORDAINED BY
THE BOARD OF ..DIREC
TORS OF
F A V E T T EV IL L E ,
Section 1. AurIfDRIZA- was published in the regular dally issue of said newspaper for
TION : The Fayetteville Fire ' consecutive insertions as follows:
Department is hereby
authorized to res
pontl to Q�
hazardous materials .lociThe first Insertion on the L - day of 199-6 —
dents Inside the City
I , Fayetteville, outside the Cil;ty where comracts for ere the second insertion on the day of 19
protection with the City Gf
Fayetteville exist, antl out-
s side the City upon a call for the third Insertion on the day of 19
!assistance romrancthei'fire
department within Washing-
ton or Benton Counties and the fourth insertion on the -
which is 'serviced ^ by the
iSouthw.elzt Av,kansas '
Regional Hazardous Mate- '
I rials Response Team. � �//
Section 2. DEFINITION : S Orn t0 and so scribed before me 0 this �1L day of
As used . ln this ordinance
"hazardous . materials Incl-
, dent" shall mean; any incl-
dent Involving the release, '
(spill , leek or other
undeslrable accumulation of
any substance:,for which a -
{Material Safety, Oare Sheet N t ry Publi
(MSDS) if required ,under
Section 311 'of the Emergen- MV Commission Expires:
cy P18nningen0 Community
Right-To-Knout' Act 01 1986 �^,,d
+ (Publl c'Law 99-499). ! � / _ 9 /
Section 3. RATES,I REIM-
BURSEMENTS, COL•LEC-
TIONSANDRECORDS:
'I 1. (a) The Fire Depart- .
Ment of the City of Fayet-
I to bill is hereby authorized
ci- { f (7 - ) i
Ito mil and collect from real- ' Fees for Printing _ 5 L� f[j
, coatis of serylathe Fayet-
teville all
costs Firetlby the teen
Fire a hazardous COSI Of Proof —. 5
responding to ehazardous
meTegbut
Incident,notlimited
tedto in- .ClUdin / D
1) A charge of $300 for the
first hour and $10o for each
additional hour for each me- i
for piece of fire apparatus
which responds to the inci-
dent, and
31 An hourly charge
equivalent to the regular I C,
hourly pay for each hour F% L Lo L t V
that each on-duty employee i
of the Fayetteville Fire
Department 'spends In I '2
response to and/or on the AUG OJ IFV
scene of the Incident, and the -'
regular time and one-half
rate of pay for each . hour FINANCE DEPT.
that each off-duty employee
of the Fayetteville Fire
Department spends in
response to and/or on the
aceneof the Incident, and
3) The replacement costs
of all expendable equipment
and supplies used by the -
Fayetteville Fire..Maps".
ment in managing and
mitigating the Incident in.
� Cluding any equipment
damaged or made unusable
by contamination, and
4) All costs incurred 6y
lthe Fayetteville Fire
Department for any labor,
materials, or supplies pro-
I vided by third parties at the
request of the Fayetteville '
Fire Department, including
but not limited to, the Nor.
thwest Arkansas Regional
Hazardous Materials
Emergency Response
Team, local government en-
tities, business and industri-
al facilities, specialist, con.
sultants, and utilities, and
any other costs necessary to
manage and mitlgate The in-
cident.
(b) The fire chief, or his
designated representative,
shall collect Charges due the
City for the provision of haz.
ardous materials Incident
services and shall :
1 . 1 ) Prepare and Issue
I statements for charges to
persons, corporations, part-
nerships, or any other en.
tities, who are provided haz.
ardous materials Incident
I services under this ordi-
nance.
7) File suit to collect delin-
quent charges due within a
reasonable time after the
service is provided.
3) Maintain adequate re-
cords - which shall contain
the following Information :
a) date;
b) funds collected for ser.
vicesrendered;
c) accounts receivable;
d) unpaid charges;
e) such other information
as may be required by of-
fiClals of the City of Fayet-
tevive.
Section I. The Board of
Directors hereby deter.
mines that the Immediate
-, collection from recipients
for services provided by the
Fayetteville Fire Depart.
ment In responding to haz-
I ardous materials Incidents
Is essential to the public
health, safety, and welfare.
Therefore, an emergency Is
hereby declared to exist,
and this ordinance being
necessary for the public
health, safety, and welfare
. shall be in full force and ef-
fect from and after its
^•ec_ege_ and approval.
PASSED AND APPROV-
EDthIS3rddayof July, 1990.
• APPROVED:
By: William V. Martin
Mayor
ATTEST :
By: Sherry L. Thomas
City Clerk