HomeMy WebLinkAboutOrdinance 4391 ORDINANCE NO. 4391
AN ORDINANCE AMENDING §33.046 OF THE
CODE OF FAYETTEVILLE, TO SET THE FEES
AND CONDITIONS FOR ANNUAL RURAL FIRE
CONTRACTS EFFECTIVE JUNE 11 2002
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That §33.046. Providing fire protection services outside
city, is hereby repealed and the following shall be inserted in its stead:
§33.046. Providing fire suppression services outside city.
The city fire department shall not provide fire protection services beyond
the corporate limits and shall not combat any fire located outside the corporate
limits except pursuant to:
(A) A mutual aid agreement or written contract, approved by
the city council, with another municipal corporation or with
a duly and legally organized fire department which operates
in Washington County.
(B) A written contract executed with an individual resident or
property owner of a specific property located not more than
two miles beyond the city's corporate limits. Each property
owner or resident desiring to participate in such a contract
shall pay to the City an annual fire suppression fee of $487
per property for a twelve (12) month period.
(C) Annual fees for fire suppression contracts for service outside
the City shall be as contained herein for twelve (12) months
effective June 1, 2002.
(D) The city fire department shall have the right to refuse to
respond to any fire located outside the city's corporate limits
if, in the judgment of the fire chief or his authorized
representative, fire protection within the city would be
impaired by such a response.
• • Ord . 4391
(E) No contract shall be executed without the prior
determination by the fire chief or his authorized
representative that the property covered by the
contract can be identified and serviced by the fire
department.
PASSED and APPROVED this the 7h day of May, 2002.
APPROVED:
By:
DAN COODY, Mayor
Ir
� l
fi r ` oodruff, City Clolk
ALY
0 •
NAME OF FILE: Ordinance No. 4391
CROSS REFERENCE:
05/07/02 Ordinance No. 4391
05/07/02 Contract for Fire Protection
04/19/02 Memo to Mayor Coody, from Chris Bosch, Fire Chief, regarding renewal
of rural fire contracts
03/23/99 Copy of Ord. 4148
05/07/02 Staff Review Form
05/08/02 Memo to Chris Bosch, Fire Chief, Fire Department, from Heather
Woodruff, City Clerk
05/18/02 Statement of Legal Advertising from Arkansas Democrat Gazette
NOTES:
0 0
ORDINANCE NO.
AN ORDINANCE AMENDING §33.046 OF THE CODE OF FAYETTEVILLE,
TO SET THE FEES FOR RURAL FIRE CONTRACTS FOR THE PERIOD
RUNNING FROM JUNE I , 2002 THROUGH MAY 3192003,
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 (11)(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.
(B)(1 ) Each property owner or resident desiring to participate in such a
contract shall pay to the City an annual fire suppression fee of 5487 per property
for a pc4odtwelve (12) month period.
�J111
(C) Annual fees for fire suppression contracts for service outside the City
shall be as contained herein for a oqc rriod rning June 1 , 2002 through
May 31 , 2003 . -})aefve (iZunPXO�A % W
PASSED AND APPROVED this day of 2002.
APPROVED:
By:
Dan Coody, Mayor
ATTEST:
By:
Heather Woodruff, City Clerk
• o
oRe . �f39/
CONTRACT FOR FIRE PROTECTION
This Contract executed this �-Zj� day of 20 by
and between the City of Fayetteville, Arkansas, hereinafter d0ed 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" of $487.
3. The term of this contract shall commence upon the execution date hereof and
shall expire one (1 ) calendar year from the date of this agreement; provided this Contract
shall not be effective until receipt of 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.
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 Fire Chief determines that such
response will substantially impair the ability of the Fayetteville Fire Department to
provide adequate fire protection services 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 official or employee of the
Fayetteville Fire Department, involved in combating a fire on the aforesaid property shall
be held 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
an 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 Owner at the following mailing address:
Property Owner's Name:
Property Address:
Mailing Address:
In the event the City terminates this agreement, the City shall refund the unused portion
of the fire suppression fee on a pro-rata basis to the Property Owner. The amount of
unused 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 Owner may terminate this agreement by giving written notice of
termination, signed by the Property Owner to the Fire Chief of the City of Fayetteville,
303 W. Center St. Fayetteville, AR. 72701 . In the event the Property Owner terminates
this agreement all unused portions of the fee shall be retained by the City.
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.
• O�Pd • �3 9/
10. The Property Owner may renew this agreement for a period of one (1 ) year in
accordance with the following procedure: During the time frame of the Contract, at least
thirty (30) days prior to the termination of this agreement, the Fayetteville Fire
Department will send to the Property Owner, via certified mail, a notice specifying the
amount of the fire suppression fee which the City will charge for the upcoming year. If
the Property Owner desires to extend the term of this Contract, the Property Owner shall
remit the required fee to the City of Fayetteville Fire Department, within thirty (30) days
of receipt of this notification. Upon receipt of payment of the required fire suppression
service fee, this Contract shall be extended for one (1 ) calendar year from the date
payment in full is received. Payment in full should be sent via certified mail to the
Fayetteville Fire Department Fire Headquarters, 303 W. Central, Fayetteville, AR. 72701 .
11 . In the event this Contract is executed after June 1 , 2002, the fire suppression
fee payable under paragraph 2 shall be the full amount of the said agreement and this
contractual agreement will extend for one calendar year from the date the original
agreement.
12. Any modifications to this contractual agreement must be in submitted in
writing and must be reviewed by the Fire Chief of the Fayetteville Fire Department and
authorized by the Mayor of the City of Fayetteville or his/her designated representative
and undersigned by the Property Owner.
IN WITNESS WHEREOF, this contract is executed on the date first above
written.
CITY OF YETTEVILLE, CANSAS
By: ✓(
Mayor
J fC . I T"T"
y .
ZZ
rk
Property Owner
Fee Received by:
Date Received:
Amount Received:
0 0
From the Desk of the Fayetteville Fire Dept
303 W. Center St.
Director/Fire Chief
Fayetteville, AR. 73701 f
(479) 575-8365
Memo
TO: Dan Coody, Mayor
From Chris Bosch, Fire Chie(
Dates April 192 2002
Ree Renewal of Rural Fire Contracts
Several households outside the city limits of the City of Fayetteville currently have contracts for fire
protection with the Fayetteville Fire Department This service is beneficial to those citizens in that it
allows them to utilize our City's ISO rating so they can obtain a reduced rate on their current
homeowners insurance policy. These contracts are due to expire on or around May 31 , 2002.
Historically, the Fire Department has utilized a standard bi-annual formula for calculating these fees
with the current rate structure of $2207.00 for a residence with an "Association"' membership and
$440.00 for a residence without an "Association" membership. Further the FFD offered a $40.00
discount for residents who contracted with a Rural Volunteer Fire Department.
After carefully reviewing the above listed fee structure it has been determined that the existing Fire
Protection Contractual Fees does not cover the cost of providing these services. With this in mind I am
proposing an increase in the Rural Fire Contract Fee structure, which will more effectivey recover the
Fire Departments cost of providing this service. In order to recover the Fire Departments cost I am
recommending the new fee structure for these contract services be raised to $487.00 per contract I
would also like to propose that these fees be reviewed on an annual basis, rather than bi-annually
since the cost of providing these services increases annually.
Currently the Fire Department administers approximately 325 of these agreements, which generate
approximately $71 ,500 in annual revenue. This fee increase should generate approximately $158,275
annually, which is an additional $86,775 above what is already generated. I believe this rate increase
will more effectively recover the cost of providing these services. I have attached a copy of the
proposed contract for your review as well as the proposed change in ordinance language to reflect my
recommendations.
If you have any questions, comments or concerns regarding this matter, please give me a call and I will
be happy to provide additional information at your convenience.
Thank you.
' For the purpose of these agreements an Association Membership is defined as three or more residences sharing common
property boundaries with each requesting contractual fire protection from the FFD.
1
C® Pyj
O"INANCENO.-J"As MICROFILMED
AN ORDINANCE AMENDING §33.046, OF THE CODE OF
FOR THE
TOS T THE PERIOD RUNNING JUNE 1S FORRURAL F 1999 O MAY 31 ,
CONTRACTS
FOR TIlE TW0 YEAR
2001 .
COUNCIL OF THE CITY OF FAYEMV LLE+
BE IT ORDAINED BY THE CITY
ARKANSAS:
S tis io_l . That §33 .0469 Providing fire suppression services outside City, Subsection
1 ,
(C)(1). and (D), of the Code of Fayetteville, is hereby repealed and the following shall be
(B)O
inserted in its stead:
§33.046 Providing fire suppression services outside City.
(B)(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.
' owner or resident desiring to Participate in such a
(C)(1) Each property
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 service 1u�999 to City
shall be as contained herein for the two year period running
31 , 2001 .
PASSED AND APPROVED this —23-- day of �—` 1999.
APPROVED:
By:
F Hanna, Mayor
ATTEST:
By-- Ci erk
Heather Woodruff
• STAFF REVIEW FORM •
Agenda Request
FOR THE FAYETTEVILLE CITY COUNCIL MEETING OF May 792002
FROM:
Chris Bosch, Fire Chief Fire Administration Fire Department
Name Division Department
ACTION REQUIRED: Approval of an ordinance ammending § 33.046, Code of Fayetteville, to establish
annual fees for Rural Fire Contracts for a two year period from June 1, 02 through May 31 ,04.
COST TO CITY:
None
Cost of this request Category/Project Budget Category/Project Name
Account Number Funds Used To Date Program Name
Project Number Remaining Balance TAX FUND
BUDGET REVIEW: N/A Budgeted Item N/A Budget Adjustment Attached
Budget Coordinator Administrative Services Director
CONTRACT/LEASE REVIEW GRANT APPLICATION REVIEW
Accounting Manager Date
City t ey Dat
Purchasing Officer Date
Internal Auditor Date Internal Auditor Date
STAFF RECOMMENDATION Staff recommends approval of this ordinance charge.
CROSS REFERENCE
Division Head Date
r NEW ITEM: No
y /is /off
Department Director Date PREWORD/RES. # 4030
02�� ORIG. CONTRACT DATE N/A
Admi ' tralilve Services Director ate
CONTRACT # N/A
Offayor Dat6
Lel
• STAFF REVIEW FORM •
DESCRIPTION MEETING DATE
COMMENTS:
Budget Coordinator Reference Comments:
Accounting Manager Reference Comments:
City Attorney Reference Comments:
Purchasing Officer Reference Comments:
ADA Coordinator Reference Comments:
Internal Auditor Reference Comments: