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HomeMy WebLinkAboutOrdinance 4715 ORDINANCE NO. 4715 AN ORDINANCE AMENDING TITLE III, CHAPTER 33, CITY OF FAYETTEVILLE CODE OF ORDINANCES TO CLARIFY THE METHOD BY WHICH FIRE PROTECTION SERVICES ARE PROVIDED OUTSIDE THE CITY LIMITS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That § 33.046, Providing Fire Protection Services Outside City, City of Fayetteville Code of Ordinances is hereby repealed, and the following is inserted in its stead: 33.046 Providing Fire Protection Services Outside City The city fire department shall not provide fire protection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, approved by the City Council, with another municipal corporation or with a duly and legally organized fire department which operates in Washington County. (B) 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 authorized representative, fire protection within the city would be impaired by such a response. PASSED and APPROVED this 21St day of June 2005. APPROVED GSE sG. •GST Y O,c.• '- ; =U . �A FAYETTEVILLE ; ? By: • RP •� � DAN GOODY, Mayor S � �z • �. ATTEST: 4 By: SONDRA SMITH, City Clerk -74� City Council Meeting of June 21, 2005 ><r� Prv�c�zq► CITY COUNCIL AGENDA MEMO ¢XKI C rZs To: Mayor and City Council Thru: Gary Dumas, Operations Director From: Chief Marion Doss, Fire Management Team Chief Gregg Riley, Fire Management Team Chief Chris Lynch, Fire Management Team Date: June 3 . 2005 Subject: Amending Ordinance 33 .046 of the Code of Fayetteville RECOMMENDATION The Fire Department recommends the approval of an ordinance amending Title III, Chapter 33, City of Fayetteville Code of Ordinances to clarify the method by which fire protection services are provided outside the city limits. BACKGROUND Ordinance 33 .046 was enacted to provide for Mutual Aid agreements with another municipality or legally organized fire department. Mutual Aid agreements are set up to provide reciprocal sharing of staffing and equipment in a time of need. During the 70 and 80's the City of Fayetteville entered into Mutual aid agreements with surrounding volunteer fire departments as well as the major cities in the region. In the early 1980's, the City of Fayetteville amended this ordinance to provide for paid contractual fire protection service to individuals and neighborhoods. Contractual fire protection services obligated the Fayetteville Fire Department to commit resources to combat fires in contracted properties. This service was extended only to properties outside the corporate limits but, within two mile of the limits. In 2002, the ordinance was amended to raise the rates charged for fire contracts to more closely match the actual costs to administer the fire contract program. When the ordinance was amended it removed the two tier rate system to an individual only contract with a substantial rate increase. Since the end 2004 the city no longer has any active "Fire Contracts" as set forth in the ordinance. DISCUSSION The Fire Management Team has reviewed the current situation and determined that the Mutual Aid agreements in place with surrounding cities and volunteer fire departments will provide reciprocal resource deployment in case of emergencies. These agreements will still allow for the surrounding fire departments to request assistance outside the City of Fayetteville. Having the agreements in place negates the need for "Fire Contracts" with individual property owners. Amending this ordinance will in no way affect the current Mutual Aid agreements with city and volunteer fire departments. These agreements have worked exceptionally well and have been vital to the successful termination of past emergencies. The Mutual Aid agreements only obligate the Fayetteville Fire Department to respond if that response does not significantly reduce the resources protection the city. BUDGETIMPACT None ORDINANCE NO, AN ORDINANCE AMENDING TITLE III, CHAPTER 33, CITY OF FAYETTEVILLE CODE OF ORDINANCES TO CLARIFY THE METHOD BY WHICH FIRE PROTECTION SERVICES ARE PROVIDED OUTSIDE THE CITY LIMITS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That § 33.046, Providing Fire Protection Services Outside City, City of Fayetteville Code of Ordinances is hereby repealed, and the following is inserted in its stead: 33.046 Providing Fire Protection 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, approved by the City Council, with another municipal corporation or with a duly and legally organized fire department which operates in Washington County. (B) 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 authorized representative, fire protection within the city would be impaired by such a response. PASSED and APPROVED this 21st day of June 2005. - APPROVED B , , R ��AN COOD- Mayor ATTEST: -, S�ONDRA SAITII; City-5.C'lerk 1, CITY OF FAYETTEVILLE AUTOMATIC MUTUAL AID AGREEMENT This Agreement executed by and between the City of Fayetteville, Arkansas, hereinafter called the "City" and the Fire Chief or Commissioner of the undersigned Rural Fire Protection District, hereinafter called the "District" is agreed upon jointly by each organization. WHEREAS, the City staffs and equips an organized Fire Department; and WHEREAS, the District desires to enter into an Automatic Mutual Aid agreement with the City for the Fayetteville Fire Department to assist in combating fires which may occur on and around properties located with the Districts boundaries and within two (2) miles of the Fayetteville corporate limits. 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 both parties agree to provide Mutual Aid Fire Suppression Service to and shall assist in combating fires involving the principal residence occurring on the real property at the Property Owner' s address listed in paragraph 7, subject to the conditions set out herein. 2. The term of this agreement shall commence upon the execution date of this document. 3 . During the term of this agreement, both parties 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 or remain at any fire located in said area if the Fayetteville Fire Chief determines that such response or continued presence 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. Neither party nor their representatives shall be liable for any damages or loss which occurs from any fire on the aforesaid property. 4. Neither party nor any official or employee of either party, involved in combating a fire on the aforesaid property shall be held liable for any damages or loss that occurs before, during or after the Fayetteville Fire Department combats a fire located on said property. 5. All members of both parties 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. 6. The either party may terminate this agreement by giving thirty (30) days written Notice of Termination. Rural Fire Protection District: District Address: Property Address: 7. 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. 8. Any modifications to this 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 designated representative and undersigned by the Property Owner. IN WITNESS WHEREOF, this contract is executed on the date first above written. CITY OF FAYETTEVILLE By: DAN COODY, Mayor ATTEST: By: City Clerk Rural Fire Protection District Date Received: 14-53-102. Fire fighting beyond municipal limits. (a)( 1 ) In order to prevent the destruction by fire of property located outside the corporate limits of cities and towns and in order to lessen the loss caused on account of insufficient means to combat fires and as a protection against such loss, the city council or other governing body of any city or town having an organized fire department may provide by ordinance that the fire fighting machinery and equipment, with the necessary fire fighters to operate it, may be used to combat fires beyond the corporate limits of any city or town, upon such terms, conditions, and restrictions as may be prescribed in the ordinance. (2)(A) If the city council or other governing body of any city or town enacts an ordinance to provide that its fire department may operate beyond its corporate limits, then the governing body of the city or town may further provide that necessary facilities may be built or constructed outside the corporate limits to house the fire fighting machinery, equipment, and the fire fighters in order to properly combat fires beyond the corporate limits, but only if: (i) There are no active fire protection services offered in the area beyond the corporate limits of the city or town where the facilities are to be constructed; and (ii) The county quorum court approves of the construction of the fire fighting facilities by a county ordinance. (B) However, a city or town may construct necessary facilities to house the fire fighting equipment in areas where fire protection services currently exist if, in addition to the requirement of subdivision (a)(2)(A) of this section, the construction is approved by a unanimous vote of the board of directors of the fire department serving that area outside the corporate limits. (b)( 1 ) When the organized fire department of a city or town combats a fire beyond the corporate limits of the city or town, a reasonable effort must be made for ninety (90) days to obtain compensation or reimbursement for the services from the property owner involved. (2) If the city or town is unable to obtain payment or reimbursement from the property owner for the services within the ninety-day period, the county wherein the property is located may reimburse the municipality for the service in an amount not to exceed two hundred dollars ($200). (c)( 1 ) Neither the municipality nor any municipal official or fire department official or employee involved in combatting the fire shall be liable for any damages or loss that occurs while the department is combatting the fire outside the corporate limits of the city or town. (2) The fire fighters shall have the same coverage as they have if they are injured while outside the city limits. (d) All members of the fire department of any city or town, when engaged in fighting fire beyond the corporate limits of the city or town under the terms of any ordinance as authorized in this section, shall be considered to be acting within their line of duty and in discharge thereof. No member of the department shall lose or forfeit any right or benefit in rank, pay, disability, or retirement payments and benefits on account of out-of-city or out-of-town activities. History. Acts 1951 , No. 270, § § 1 , 2; 1957, No. 348, § 1 ; 1973, No. 114, § § 1 , 2; A.S.A. 1947, § § 19-2106 - 19-2107; Acts 2001 , No. 1464, § I RESOLUTION NO . 23_89 MIGROFI1ti1fD A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN _INTERLOCAL COOPERATION AGREEMENT FCR FURNISHING HAZARDOUS MATERIALS INCIDENT RESPONSE SERVICES IN BENTON AND WASHINGTON COUNTIES . BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That the Mayor and City Clerk are hereby authorized and directed to execute an interlocal cooperation agreement for furnishing hazardous materials incident response services in Benton and Washington Counties . A copy of the agreement authorized for execution hereby is attached hereto marked Exhibit " A " and made a part hereof . PASSED AND APPROVED this 21st day of March 1989 . APPROVED i By . / Mayor ATTEST By : C ' y lerk RESOLUTION NO . 111 - 83 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A FIRE PROTECTION P'fUTUAL AID AGREEMENT WITH THE CITY OF FARMINGTON . BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKA14SAS : That the Mayor and City Clerk are hereby authorized and directed to execute a fire protection mutual aid agreement with the City of Farmington . A copy of the agreement authorized for execution hereby is attached hereto , marked Exhibit "A" , and made a part hereof . PASSED AND APPROVED this 20th day of September 1983 . APPROVED : By : (?44�4 Mayor ATTEST : r By : City rk MUTUAL AID FIRE PROTECTION AGREEMENT BETWEEN THE CITY OF Farmington ARKANSAS AND THE CITY OF Fayetteville ARKANSAS In order to better protect the lives and property of the citizens residing and owning property within the corporate limits of the Parties to the agreement and for the mutual benefit of the Parties and the persons whom they serve and protect , it is hereby agreed : THAT ea ;. h Party , upon a properly authorized request of the other , will lend to the other aid and assistance in any fire , natural disaster or other emergency falling within the capabilities and missions of the Parties , such aid and assistance to include , but not be necessarily limited to , the providing of supplemental and/or standby personnel and equipment for such periods of time and at such places within the corporate limits of the aided party as shall be requested and mutually agreed upon , from time to time . THAT such assistance is intended to be reciprocal and will be extended on this basis and in accordance herewith unless and until such time as either party hereto shall give notice to the other of a withdrawal from the agreement . THAT if either party to this agreement joins in a similar agreement with cities having like fire protection agencies , that such agreements shall not be construed to be an extension of this agreement and the obligations of the parties hereto , unless the parties to this agreement by official action approve the extension of this agreement at which time a new agreement covering all parties will be executed . IN WITNESS WHEREOF this agreement has been executed by the respective parties this 20th day of Septembe r 19 83 : . CITY OF Fayettevil Arkansas By : } �� � ATTEST : i U 1pS� M yor � . � Cit�Clerk VV - and /il�GAL Fire V of CITY OF r By : Mayor ATTEST. p ✓ / City Cier1�� and � Z; • .- ., ireFChief BAD COPIES- IIIPrairie Grove Fayetteville r j-,e oro ( :rr1 rhe r: r r,'' RGI t t p r ! f11 C Ci ." et.rc . - . I . 1 . � Cr r r- Rli' r. . , . . :' e. •- pr : „� I;- , : _ It 17 December x_....71 . Prairie rrriJibe Grove � � l /