HomeMy WebLinkAboutOrdinance 4148 ORDINANCE NO. 41 4 g
AN ORDINANCE AMENDING §33.046, OF THE CODE OF
FAYETTEVILLE, TO SET THE FEES FOR RURAL_ FIRE CONTRACTS
FOR THE TWO YEAR PERIOD RUNNING JUNE 19 1999 TO MAY 315
2001 .
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1 . That §33.046, Providing fire suppression services outside City, Subsection
(13)(1), (C)(1), and (D), of the Code of Fayetteville, is hereby repealed and the following shall be
inserted in its stead:
§33.046 Providing fire suppression services outside City.
(11)( 1 ) Each property owner or resident desiring to participate in such a
contract shall pay to the City an annual fire suppression fee of $220 per property
covered within the "Association" per twelve (12) month period.
(C)( 1 ) Each property owner or resident desiring to participate in such a
contract shall pay to the City an annual fire suppression fee of $440 per property
covered per twelve (12) month period.
(D) Annual fees for fire suppression contracts for services outside the City
shall be as contained herein for the two year period running June 1 , 1999 to May
31 , 2001 .
PASSED AND APPROVED this 23rd day of March , 1999.
APPROVED:
By:
�l'lfYtl/
Fr d Hanna, Mayor
ATTEST:
By:
Heather Woodruff, Ci y Jerk
�f
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Mickey Jackson, Fire Chief
From: Heather Woodruff, City Clerk
Date: March 29, 1999
Attached is a copy of the ordinance setting the fees for rural fire contracts for your records. The
original will be microfilmed and filed with the city clerk.
cc. Emma Bagley, Accounting
File
MICROFILMED STATE OF ARKANSAS APR 19 1999
County of Washington } ss. r t 1
cE OPT
I, JEFF JEFFUS, hereby certify that I am the publisher of THE
NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class
mailing privilege, and being not less than four pages of five columns each,
published at a fixed place of business and at fixed (daily) intervals
continuously in the City of Fayetteville, County of Washington, Arkansas for
more than a period of twelve months, circulated and distributed from an
established place of business to subscribers and readers generally of all
classes in the City and County for a definite price for each copy, or a fixed
ORDINANCE NO. 4146 price per annum, which price was fixed at what is considered the value of the
AN ORDINANCE AMENDING publication, based upon the news value and service value it contains, that at
§33.0FAYET E OF THE CODE E least fifty percent of the subscribers thereto have aid for their subscriptions R
4 EV F THE
SET THE "7 P P
FEES FOR RURAL FIRE CON- to the newspaper Or Its agents Or through recognized news dealers Over a
. TRACTS FOR THE TWO
YEAR PERIOD RUNNING period of at least six months and that the said newspaper publishes an
JUNE 1 , 1999 TO MAY 31 , average Of more than forty percent news matter.
BE IT ORDAINED BY THE
CITY GOUNCIL OF THE CITY I furt rcertify, that the legal notice attached in the matter of
OF FAYETTEVILLE, ARKAN-
SAS: ,/ dID/� ��1 // � /
� C.G/ / l�C./ ( / 7 U
Section 1 . That§33.046, Pro- /
viding fire suppression services
outside City, subsection (B)(1 ), was published in the regular daily issue of said newspaper for
(C)(1), and (D), of the Code of
Fayetteville, is hereby repealed consecutive insertions as follo
and the following shall be in-
sailed in its stead:
The first insertion on the day of 19
§33.046 Providing fire sup-
pression services outside City.
(13)(1) Each property owner or the second insertion on the day of 19 —
resident desiring to participate
in such a contract shall pay to the third insertion on the —
the City an annual fire suppres-
sion fee of $220 per property
covered within the 'Associa- the (OUrth insertion On the a Of 1
tion' per twelve (12) month pe- y
Hod.
(C)(1) Each property owner or
resident desiring to participate er P b i er/General Manager
in such a contract shall pay to 9
the City an annual fire suppres.
sion fee of $440 per property
covered per twelve (12) month i Sworn to and subscribed before me on this / day of
period. /yam
(D) Annual lees for fire sup- 1
pression contracts for services
outside the City shall be as
contained herein for the two f�
year period running June 1 , 1 Catherine Sall
1999 to May 31 , 2001 . 1 + Notary Public
Notary Public, StatcofArkansas )C
PASSED AND APPROVED ,
this 23rd day of March, My Commission Expires: Wa.
hinPtnnCrnmiv
1999. �r My Commission Expires 02!27/05 +
«««««««««««««««««z D - ao
APPROVED:
By: Fees for Printing.......................................................$
Fred Hanna, Mayor
ATTEST: Cost of Proof.............................................................$
By:
Heather Woodruff, City Clerk
Total..........................................................................$
Vic 0o
�f 24y�if-e/
99 3a�
STAFF REVIEW FORM
x AGENDA REQUEST
x CONTRACT REVIEW
GRANT REVIEW MICROFILMED
ORDINANCE REVIEW
For the Fayetteville City Council meeting of March 16 , 1999
FROM :
Emma Badgley Accounting Admin . Services
Name Division Department
ArTTny RRQTTTRRn ,
Approval of an ordinance amending § 33 . 046 , Code of Fayetteville , to establish
annual fees for Rural Fire Contracts for the two year period of 06 / 01 / 99 -
05 / 31 / 01 .
rnnT To CTTV -
None
Cost of this Request Category/Project Budget Category/Project Name
Account Number Funds Used To Date Program Name
Project Number Remaining Balance Fund
BUDGET REVIEW : Budgeted I � �m Budget Adjustment Attached
Bud Coordinator IWI{d6inis rative services Director
CQN1RArT4f3RAN14LEASE REVIEW , LSRANTTN(] ACSF.NrV1
t 1/ '� - �'✓` -W
Acco ti Ma ager Date Coordinato Date
City Attorne Date 3 ternal Auditor Date
�Nki 4 3 - 1 .q9
Purchasing Officer Date
3TARF RRCnmmyw ]ATTAN '
Staff recommends approval .
Division Head Date Cross Reference
New Item :
Department Director Date
W. mo
— Prev Ord/Res # : 4030
mi
/' strative Services Director /I/ %DDat7e
J" /" 1 Orig Contract Date :
mayor Date
Page 2
SM RUM FORK
K
Description Rural Fire Contracts — 6/1/99 — 5/31/01 meeting Date 3/16/99
Cments: Reference cments:
Budget Coordinator
Accounting manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor J
FAYETTEVILLE
THE CITY OF FAYETTEVIUE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To : Fred Hanna, Mayor
Fayetteville City Council
From: Mickey Jackson, Fire Chic
Date: February 23 , 1999
Subject: Renewal of Rural Fire Contracts
Many citizens outside the city limits of Fayetteville, within a two mile radius, contract with the
City for fire suppression service in order to get an insurance premium advantage on their
properties . These contracts are designed to expire on May 31 of each year so that they can be
renewed at or about the same time.
Every other year, rates are recalculated to reflect increased fire protection costs incurred within
the City . This year such a rate revision is due.
A standard formula is used to determine the amount to be charged for rural contracts for the
succeeding two years. For 1999-2000 and 2000-2001 , the formula yields a cost of $220.00 per
"Association" property and $440.00 per "Individual" property . An Association exists when
three or more owners of contiguous properties all desire to have contracts . Individual contracts
are required for individual (or two adjacent) properties. A discount of $40.00 is allowed for
each type of contract where a similar agreement exists with the nearest rural volunteer fire
department.
The ordinance for renewing the contracts and establishing the new rates is scheduled to be
considered by the Council at the March, 16, 1999 meeting. We seek your approval of this
ordinance so that we can continue this service for two more years .
If you have any questions concerning this project or desire any additional information, please
give me a call at extension 365 or 575-8365 . Thank you.
FAYETTEVILLE
THE CITY OF FAYETTEVIEEE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To : Kevin Crosson , Administrative Services Director
From : Emma Badgley , Accounting Coordinator4�
Through : Marilyn Cramer , Accounting Manag
Date : February 23 , 1999 J , ' u
Subject : Renewal of Rural Fire Contracts
Attached is an agenda item request to establish annual rates for
rural fire contracts for the two year period ending May 31 , 2001 ,
in the amounts of $ 220 per member for association contracts and
$ 440 for individual contracts . The revenue from these contracts is
estimated to be $ 64 , 000 per year .
The computations are based on the City ' s 1999 Budget for Fire
Department expenditures and for property tax and state insurance
turnback revenues credited to the Fire Pension Fund . The estimated
depreciation is a calculation of annual depreciation on the fixed
assets of the Fire Department as of December 31 , 1998 . The cost
allocation amounts were obtained from the Budget Department ' s Cost
Allocation Plan used for the 1999 Budget .
The revenue derived from rural fire contracts for fiscal year 1998
was $ 57 , 228 . Currently , the City has contracts with thirteen ( 13 )
individual households and with thirty - seven ( 37 ) associations
representing three hundred twenty three ( 323 ) households .
The rates for contract years 1997 - 99 were $ 197 per member for
association contracts and $ 394 for individual contracts . A
discount of $40 was allowed for both types of contract where a
similar agreement exists with a rural fire department . The rates
for contract years 1995 - 97 were $ 191 per member for an association
contract and $ 382 for an individual contract with a $ 40 discount
allowed where a similar agreement existed with a rural fire
department .
Cityof Fayetteville
Proposed Rural Fire Contract Fees
1999-00 and 2000-01
Estimated Annual Cost of Fire Protection for the City of Fayetteville:
Fire Department Budget — 1999* 3,919,233
Estimated Contributions to Fire Pension Through
Property Taxes — 1999 246,000
Estimated Contributions to Fire Pension Through
State Insurance Refund — 1999 154,500
Estimated Annual Depreciation 360,554
1999 Cost Allocation — less equipment use 343,144
Total Estimated Annual Cost $5,023,431
Proposed Fees for Rural Fire Contracts:
Estimated Annual Cost $5,023,431/23,354** 215
Administrative Charge 5
Proposed Annual Fee per Association Member 220
Proposed Annual Fee per Individual Contract
(Twice Association Member Fee) 440
*Excludes fixed assets
**Total City of Fayetteville utility
customers as of December, 1998 (excluding irrigation)
Sample - Association Contract
C O N T R A C T
This CONTRACT executed this day of 19 by
and between the City of Fayetteville , Arkansas , hereinafter called
the " City " and the undersigned representative of owners of real
property located within two ( 2 ) miles of the Fayetteville corporate
limits , hereinafter called the " Property Owners " .
WHEREAS , § 33 . 046 of the Fayetteville Code of Ordinances
provides for an " association " contract which is defined as a
contract covering not less than three contiguous properties , and
WHEREAS , the City staffs and equips an organized fire
department , and
WHEREAS , the Property Owners do not have fire suppression
service available ; and
WHEREAS , the Property Owners desire to contract with the City
for the Fayetteville Fire Department to combat fires which may
occur on the property described below ; and
WHEREAS , under Ark . Code Ann . § 14 - 53 - 102 ( 1987 ) and § 33 . 046 of
the Fayetteville Code of Ordinances , fire fighting machinery and
equipment , with the necessary fire personnel to operate the same ,
may be used to combat fires beyond the corporate limits ; and
WHEREAS , the purpose of this agreement is to set forth the
terms and conditions , consistent with § 33 . 046 of the Fayetteville
Code of Ordinances , under which the Fayetteville Fire Department
will combat fire on the property described below ,
NOW, THEREFORE , in consideration of the mutual covenants
contained herein , the parties hereby agree as follows :
1 . During the term of this agreement , the City shall provide
fire suppression service to and shall combat fires occurring on the
real property , at the addresses listed in Exhibit " Al' attached
hereto and made a part hereof , subject to the conditions set out
herein .
2 . To defray costs incurred by the City in providing fire
suppression service to the aforesaid property , the Property Owners
shall pay to the City in advance an annual " fire suppression fee "
equivalent to $ 220 per household . If the Property Owners can show
proof of membership in a rural fire department , the fee shall be
$ 180 per household .
3 . The term of this contract shall commence upon the
execution date hereof and shall expire May 31 , 2000 ; provided this
Contract shall not be effective until receipt by the City of the
" fire suppression fee " prescribed herein . Prior to the receipt of
said fee , this Contract shall be of no force and effect and the
City shall be under no obligation to provide fire suppression
service to or combat any fire in the aforesaid area . The Property
Owners ' representative shall collect the required fees from all
property owners , - remit the fees to the City of Fayetteville
Accounting Department and execute the contract on behalf of the
Property Owners .
4 . During the term of this Contract , the City shall provide
fire fighting machinery and equipment , with the necessary fire
personnel to operate the same , to combat fires occurring on the
aforesaid property ; provided , the City shall be under no obligation
to respond to any fire located in said area if the Fayetteville
City Mayor or the Fayetteville Fire Chief determines that such
response will substantially impair the ability of the Fayetteville
Fire Department to provide adequate fire protection service to
Fayetteville or to adequately combat fire or fires occurring in
Fayetteville . In the event such a determination is made , neither
the City nor any city official or employee shall be liable for any
damages or loss which occurs from any fire on the aforesaid
property .
5 . Neither the City of Fayetteville nor any Fayetteville
official or Fire Department official or employee involved in
combating a fire on the aforesaid property shall be liable for any
damages or loss that occurs when the Fayetteville Fire Department
is combating a fire located on said property .
6 . All members of the Fayetteville Fire Department engaged in
fighting a fire located on the aforesaid property shall be
considered to be acting within their line of duty and in discharge
thereof and shall not lose or forfeit any right or benefit in rank ,
pay , disability or retirement payments or benefits .
7 . The City may terminate this agreement by giving thirty
( 30 ) days written Notice of Termination to the Property Owners at
the following mailing address :
Association Name
Property Owners ' Representative
Mailing Address of Representative
In the event the City terminates this agreement , the City
shall refund the unused standby fire suppression fee on a pro - rata
basis to the Property Owners . The amount of unused standby fire
suppression fees shall be computed as follows :
Total Fire Number of days Total Fire Amount
Suppression Fee - Contract in effect X Suppression Fee = of
Paid in Advance 365 Days Paid in Advance Refund
8 . The Property Owners may terminate this agreement by giving
a written notice of termination , signed by the Property Owners to
the Mayor of the City of Fayetteville , 113 W . Mountain ,
Fayetteville , Arkansas , 72701 . In the event a Property Owner
terminates this agreement , no unused portion of the fee will be
refunded by the City , but the unused portion of the fee may be
transferred to a subsequent occupant of the property upon approval
by the Fire Chief or his /her designee .
9 . Any notice of termination shall be deemed given on the
date the notice is deposited in the United States mail , as
evidenced by the postmark thereon , provided the correct postage is
paid , and the notice is addressed as provided herein .
10 . The Property Owners may extend the term of this Contract
for an additional term of one ( 1 ) year , to May 31 , 2001 , in
accordance with the following procedure : During the first year of
the contract , at least thirty ( 30 ) days prior to the termination of
this Contract , the Fayetteville Accounting Department shall mail to
the Property Owners ' representative a notice specifying the amount
of the fire suppression fee which the City will charge for the next
year . If the Property Owners desire to extend the term of this
Contract , the Property Owners ' representative shall collect the
fees from all property owners and remit the fees to the City of
Fayetteville Accounting Department prior to June 1 , 2000 . Upon
payment of the required fees , this contract shall be extended to
May 31 , 2001 . The property Owners hereby grant the person
designated in paragraph 7 of this Contract limited power of
attorney for the purpose of executing and renewing this Contract in
accordance with the procedure prescribed herein .
11 . In the event this Contract is executed after June 1 , 1999 ,
the fire suppression fee payable under paragraph 2 shall be reduced
for the original contract term in accordance with the following
formula :
Number of elapsed Amount of Amount of
days after June 1 X Fire Suppression = Reduction in
365 Fee Suppression Fee
12 . Any modification of this Contract must be in writing and
must be authorized by the Mayor of the City of Fayetteville and the
undersigned Property Owner .
IN WITNESS WHEREOF , this Contract is executed on the date
first above written .
CITY OF FAYETTEVILLE , ARKANSAS
By :
Mayor
ATTEST
By :
City Clerk
Property Owner
1999 - 2000 fee received Date Amount
Renewal fee received Date Amount
Sample - Individual Contract
C O N T R A C T
This CONTRACT executed this day of 19 by
and between the City of Fayetteville , Arkansas , hereinafter called
the " City " and the undersigned owner of real property located
within two ( 2 ) miles of the Fayetteville corporate limits ,
hereinafter called the " Property Owner " .
WHEREAS , the City staffs and equips an organized fire
department , and
WHEREAS , the Property Owner does not have fire suppression
service available ; and
WHEREAS , the Property Owner desires to contract with the City
for the Fayetteville Fire Department to combat fires which may
occur on the property described below ; and
WHEREAS , under Ark . Code Ann . § 14 - 53 - 102 ( 1987 ) and § 33 . 046 of
the Fayetteville Code of Ordinances , fire fighting machinery and
equipment , with the necessary fire personnel to operate the same ,
may be used to combat fires beyond the corporate limits ; and
WHEREAS , the purpose of this agreement is to set forth the
terms and conditions , consistent with § 33 . 046 of the Fayetteville
Code of Ordinances , under which the Fayetteville Fire Department
will combat fire on the property described below ,
NOW, THEREFORE , in consideration of the mutual covenants
contained herein , the parties hereby agree as follows :
1 . During the term of this agreement , the City shall provide
fire suppression service to and shall combat fires occurring on the
real property at the Property Owner ' s address listed in paragraph
7 , subject to the conditions set out herein .
2 . To defray costs incurred by the City in providing fire
suppression service to the aforesaid property , the Property Owner
shall pay to the City in advance an annual " fire suppression fee "
equivalent to $440 . If the Property Owner can show proof of
membership in a rural fire department , the fee shall be $ 400 .
3 . The term of this contract shall commence upon the
execution date hereof and shall expire May 31 , 2000 ; provided this
Contract shall not be effective until receipt by the City of the
" fire suppression fee " prescribed herein . Prior to the receipt of
said fee , this Contract shall be of no force and effect and the
City shall be under no obligation to provide fire suppression
service to or combat any fire in the aforesaid area .