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City of Fayetteville Code of Ordinances is hereby repealed, and the following is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
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FAYETTEVILLE ; ? By:
• RP •� � DAN GOODY, Mayor
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ATTEST:
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By:
SONDRA SMITH, City Clerk
-74�
City Council Meeting of June 21, 2005
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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
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