Loading...
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fire suppression services outside City, Subsection (13)(1), (C)(1), and (D), of the Code of Fayetteville, is hereby repealed and the following shall be inserted in its stead: §33.046 Providing fire suppression services outside City.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 .