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City of Fayetteville Code of Ordinances is hereby repealed, and the following is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
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Prairie
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DRAFT r 2
MUTUAL AID FIRE PROTECTION AGREEMENT
BETWEEN THE
CITY OF Fayetteville , ARKANSAS
AND THE
CITY OF Elkins , 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 each 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 basic and i.n accordance herewith unless and until such
time as either party hereto shall give notice to the other of a with-
drawal 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 12th day of Aiigiict
19 71
TY 0
By.
Mayor
RTTEST-
j' City Clerk
and
Fire Chief
REGIONAL MUTUAL AID PROTECTION AGREEMENT
FOR FIRE SERVICE
In order to.better protect the lives and property of the citizens
residing and owning property within the corporate limits of the Cities of
Bentonville, Fayetteville, Rogers, Siloam Springs, and Springdale, and for
the mutual benefit of the cities and the persons whom they serve and protect,
it is hereby agreed:
THAT each City,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 Fire Depart-
ment of the cities a party hereto, 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 city 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 any party hereto shall give notice to the other of a withdrawal
from the agreement.
THAT if any party to this agreement joins in a similar agreement
with another city or 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
unanimously approve, by official action, the extension of this agreement at
which time a new agreement covering all parties will be executed.
CITY OF BENTONVILLE passed and approved this J `)day of �..r,_h;_ 19 %/.
APPROVED: i `i•.e ,•^ <%l :.! F.r, Cl %_C'� _
Mayor
ATTEST:
City Clerk
CITY OF FAYETTEVILLE passed and approved this 15,d day of Q,,, .9 7/.
APPROVED:'"
Mayor
ATTEST:
City Clerk
CITY OF ROGERS passed and approved this day of / T 19 ?j
APPROVED: : /.
, .� Mayo
ATTEST: <,,j, /.///; G !!e
City Clerk
CITY OF SILOAM SPRINGS passed and approved this ,J1 day of �i. �,., i /, 19 7L
APPROVED: L
1 or
ATTEST:'LS+
Icity Clerk
CITY OF SPRINGDALE passed and approved this _,�L day of (/, ,c.�C..[_c?-J , 192L.
/ _ 7
APPROVED:^, i /. /
�--., . r :TyO
ATTEST:,/,
City
City Clerk
RESOLUTION NO. 72-9!
A RESOLUTION STATING THE CITY OF
FAYETTEVILLE'S WILLINGNESS TO PROVIDE FIRS
PROTECTION THROUGH MUTUAL AID UPON REQUEST OF
THE FIRE DEPARTMENT HAVING PRIMARY
RESPONSIBILITY, TO ANY AREA WITHIN FIVE MILES
OF THE CORPORATE LIMITS OF FAYETTEVILLE,
WHEREAS, the Fayetteville Fire Department has for may years
provided mutual aid response upon request to all Washington County
rural fire departments surrounding the City of Fayetteville, and in
addition, provides mutual aid response through a written agreement
with the Springdale, Rogers, Bentonville, Siloam Springs, and
Prairie Grove Fire Departments, and
WHEREAS, Act 833 of 1991, as amended by Act 10 of the First
Extraordinary Session of 1992, provides that in order for municipal
fire departments to participate in newly available state funds for
-
the training of fire department personnel, purchasing of certain
new equipment, and certain capital projects, such municipal fire
departments must submit an official municipal resolution signed by
the Chief Executive Officer of that municipality stating their
willingness to provide fire protection through mutual aid
agreement.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYE7TEVILLE, ARKANSAS:
Section 1. The City of Fayetteville does hereby state its
willingness to provide fire protection through mutual aid upon
request of the fire department having primary responsibility, to
any area within five (5) miles of the corporate limits of
Fayetteville.
PASSED AND APPROVED this 5th day of May , 1992.
APPROVED:
By•
Mayor
ATTEST:
•
v Ut un:A0a Lanny 1-arrar Inull M.�
Fb
3181°y
�,A7 JlJ/ Aid Fro
MUTUAL AID FIRE PROTECTION AGREEMENT
BETWEEN THE
CITY OF �`��"' ��
ARKANSAS
AND THE
CITY OF 'i-'<0kk�<' 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 each 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 this agreeme
day of
ATTEST:
ity Clerk
FpYETTF" I
Al
C) `.
66 eo
�9J'=•'L ♦ •City Clerk
executed by
CITY OF
By:
ve parties this
and i
Fire Chief
CITY OF F ETC LI c E iCA. �SaS
By:
�Mayor
and
Fire Chief
MAR 2 2 2004
CITY OF Ft.'; ETTEVILLL
CITY CLERK'S OFFICE
MVIUAL AID
This Ml7IUAL AID AGREE ' executed on this /� day of
198 5 , by and between the City of Fayetteville,
Arkans s and the Volunteer Fire Department of the O c e N
connunity. ,
WHEREAS, the purpose of this agreement is to better protect the
lives and property of the citizens residing and owning property within
the corporate limits or service areas of the parties.
NOW, THEREFORE, the parties to this agreement hereby mutually
agree as follows:
.. 1. Upon a properly authorized request o£ the other party, each
party will lend to the other aid and assistance in any fire, natural
disaster or other emergency falling within the capabilities of the
parties. Such aid and assistance shall include, but shall not be
limited to, the providing of supplemental and/or stand-by personnel
and equipment for such periods of time and at such places within the
corporate limits or service area of the aided party as shall be requested
and mutually agreed upon from time to time, and in accordance with
the following policy:
(a) Mutual aid by the City of Fayetteville:
(1) Mutual aid will be provided by the City of Fayetteville
only upon request of the fire chief, or his designate,
of the other party; automatic response by the Fayetteville
Fire Department shall not be required.
(b) Mutual aid will be provided by the City of Fayetteville
for the following occurrences:
(1) Tornado or other disaster.
(2) Fla'rable liquid fires.
!3) :'i_as _h .ifa in c,nyer.
(;) Mcre fires at one tiny than the other party's department
can handle.
(;) Failure of the other depart-.-nt's equipment.
(6) Rescue which the other o_psrtarant do_s not have the
equipment or training to provide.
(7) Large wild land fires.
r
1
.2-
(c) Mutual aid to the City of Fayetteville will be provided
for the following occurrences:
(1) Tornado or other disaster.
(2) When the manpower and equipment of the Fayetteville
Fire Department are combatting another emergency.
(3) In areas where there are no fire hydrants and the other
party's department can provide tankers for water supply.
(4) For large fires where it is necessary to rotate men
for rest periods and the Fayetteville Fire Department
is in need of additional manpower.
(5) Failure of the Fayetteville Fire Department's equipment.
2. Assistance under this agreement shall be provided on a reciprocal
basis until such time as either party shall give the other written
notice of withdrawal and termination of this agreement.
3. Should either party execute a Mutual Aid Agreement with
another party, such execution shall not be construed to be an extension
of this agreement.
IN WITNESS W�F, this Agreement has been executed on the date
first above written.
CITY OF FAYETTEVI ARKANSAS
BY-C��
Mayor
ATTEST
By: �4
clerk
GOSHEN VOLUNTEER FIRE DEPARTMENT
Title �A¢ lil�.A _.
ATTEST
Title:
:.
This MUIUAL AID AGREEMENT executed on this I/ m, day of
1985 by and between the City of Fayetteville,
Arkansas and the Volunteer Fire Department of the ROUND
MOUNTATN — Cortmunity.
WHEREAS, the purpose of this agreement is to better protect the
lives and property o£ the citizens residing and owning property within
the corporate limits or service areas of the parties.
NOW, THEREFORE, the parties to this agreement hereby mutually
agree as follows:
1. Upon a properly authorized request of the other party, each
party will lend to the other aid and assistance in any fire, natural
disaster or other emergency falling within the capabilities of the
parties. Such aid and assistance shall include, but shall not be
limited to, the providing of supplemental and/or stand-by personnel
and equipment for such periods of time and at such places within the
corporate limits or service area of the aided party as shall be requested
and mutually agreed upon from time to time, and in accordance with
the following policy:
(a) Mutual aid by the City of Fayetteville:
(1) Mutual aid will be provided by the City of Fayetteville
only upon request of the fire chief, or his designate,
of the other party; autaTetic response by the Fayetteville
Fire Department shall not be required.
(b) Mutual aid will be provided by the City of Fayetteville
for the following occurrences:
(1) Tornado or other disaster.
(2) Flammable liquid fires.
(3) Fires with life in danger.
(4) Mcrc £L-cs at ono time tnarj the other party's deparu7mnt
can handle.
J) Fa-1'_rE of the Cl-h' dP :9 rtY'a 5 E,U 4 r7:2nt.
(6) Re5Ct:9 WhiCh the Othc!' d?✓9C CS nC dc* 5 nor have the
equipment or training to provide.
(7) Large wild land fires.
0
-2-
a
mutual aid to the City of Fayetteville will be provided
for the following occurrences:
(1) Tornado or other disaster.
(2) When the manpower and equipment of the Fayetteville
Fire Department are combatting another emergency.
(3) In areas where there are no fire hydrants and the other
party's department can provide tankers for water supply.
(4) For large fires where it is necessary to rotate men <
for rest periods and the Fayetteville Fire Department
is in need of additional manpower.
(5) Failure of the Fayetteville Fire Department's equipment.
2. Assistance under this agreement shall be provided on a reciprocal
basis until such time as either party shall give the other written
notice of withdrawal and termination of this agreement.
3. Should either party execute a Mutual Aid Agreement with
another party, such execution shall not be construed to be an extension
of this agreement.
IN WITNESS NhiERD7F, this Agreement has been executed on the date
first above written.
ATTEST
By
C^ Clerk
ATTEST
i
f
Title:
CITY /Of.{)'AYETTEVI ARKANSAS
By: V
Mayor
:� N� u� N ; i� Ii•;u Yd. f`
e
r
UUEWIRWIT-1-9a• ra ,a
This MVIVAL AID AG MiENI' executed on this ,R 0 W day of
/ - , 198, by and between the City of Fayetteville,
Arkansas and the Volunteer Fire Department of the JAf}}/2
Community.
VEOZEAS, the purpose of this agreement is to better protect the
lives and property of the citizens residing and owning property within
the corporate limits or service areas of the parties.
NOW, THEREFORE, the parties to this agreement hereby mutually
agree as follows:
1. Upon a properly authorized request of the other party, each
party will lend to the other aid and assistance in any fire, natural
disaster or other emergency falling within the capabilities of the
parties. Such aid and assistance shall include, but shall not be
linited to, the providing of supplemental and/or stand-by personnel
and equipment for such periods of time and at such places within the
corporate limits or service area of the aided party as shall be requested
and mutually agreed upon from tine to time, and in accordance with
the following policy:
(a) Mutual aid by the City of Fayetteville:
(1) Mutual aid will be provided by the City of Fayetteville
only upon request of the fire chief, or his designate,
of the other party; automatic response by the Fayetteville
Fire Department shall not be required.
(b) Mutual aid will be provided by the City of Fayetteville
for the following occurrences:
(1) Tornado or other disaster.
(2) Flammable liquid fires.
(3) Fires with life in danger.
(•:) More fires at one ti....a than the other party's department
can handle.
(5) Failure of +he other dapar_men.t's equipment.
(6) Rescue which the other deoarL-.nt does not have the
equipment or training to provide.
(7) Large wild land fires.
-2-
(c) Mutual aid to the City of Fayetteville will he provided '
for the following occurrences:
(1) Tornado or other disaster.
(2) when the manpower and equipment of the Fayetteville
Fire Department are combatting another emergency.
(3) In areas where there are no fire hydrants and the other
party's department can provide tankers for water supply.
(4) For large fires where it is necessary to rotate men
for rest periods and the Fayetteville Fire Department
is in need of additional manpower.
(5) Failure of the Fayetteville Fire Department's equipment.
2. Assistance under this agreement shall be provided on a reciprocal
basis until such time as either party shall give the other written
notice of withdrawal and termination of this agreement.
3. Should either party execute a Mutual Aid Agreement with
another party, such execution shall not be construed to be an extension
of this agreement.
IN WITf1ES.S M U�F, this Agreement has been executed on the date
first above written. ,
CITY OF FA=EVIL ARKANSAS .,
By:
Mayor
ATTEST
By:
OitV Clerk
By:
Title:
,41
ATTEST
Title: -� p
This MUTUAL AID AGREEKENT executed on this � day of
,rays' r , 198 J, by and between the City of Fayetteville, 1
Arkansas and the Volunteer Fire Department of the lai�"'h\w�C�TO't..�
Ccnminity. ,
WHEREAS, the purpose of this agreement is to better protect the
lives and property of the citizens residing and owning property within
the corporate limits or service areas of the parties.
NOW, THEREFORE, the parties to this agreement hereby mutually
agree as follows:
1. Upon a properly authorized request of the other party, each
party will lend to the other aid and assistance in any fire, natural
disaster or other emergency falling within the capabilities of the
parties. Such aid and assistance shall include, but shall not be
lir.:ited to, the providing of supplemental and/or stand-by personnel
and equipment for such periods of time and at such places within the
corporate limits or Service area of the aided party as shall be requested
and mutually agreed upon from time to time, and in accordance with
the following policy:
(a) Mutual aid by the City of Fayetteville:
(1) Mutual aid will be provided by the City of Fayetteville
only upon request of the fire chief, or his designate,
of the other party; automatic response by the Fayetteville
Fire Department shall not be required.
(b) Mutual aid will be provided by the City of Fayetteville
for the following occurrences:
(1) Tornado or other disaster.
(2) Flammable liquid fires.
(3) Fires with life in danger.
(4) More fires at one tine than the other party's deparvrenr
can handle.
(5) Failure of the other department's equipment.
(6) Rescue which the other department does not have the
equipment or training to provide.
(7) Large wild land fires.
-2-
(c) Mutual aid to the City of Fayetteville will be provided
for the following occurrences:
(1) Tornado or other disaster.
(2) When the manpower and equipment of the Fayetteville
Fire Department are combatting another emergency.
(3) In areas where there are no fire hydrants and the other
party's department can provide tankers for water supply.
(4) For large fires where it is necessary to rotate men <
for rest periods and the Fayetteville Fire Department
is in need of additional manpower.
(5) Failure of the Fayetteville Fire Department's equipment.
2. Assistance under this agreement shall be provided on,a reciprocal
basis until such time as either party shall give the other written
notice of withdrawal and termination of this agreement.
3. Should either party execute a Mutual Aid Agreement with
another party, such execution shall not be construed to be an extension
of this agreement.
IN WITNESS MIEREOF, this Agreement has been executed on the date
first above written,
ATTE
Clerk
CITY OF YETTEVILLE, ARKANSAS
Ey:
Mayor
By:
Title: f\-Z.E 0-;A F
A`7 ST /
� r)-
Title: DREt���K.-� c �IJikEcTc�I:S
MUTUAL AID FIRE PROTECTION AGREEMENT
BETWEEN THE
West Fork Rural Fire Protection Association and
the City Fire Department of West Fork, 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 service area
boundaries of the Parties to the agreement, and for the mutual
benefit of the Parties and the persons whom they serve and pro-
tect, it is hereby agreed:
THAT each 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 service area boundaries 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 agreeme
agreement with a jurisdiction having like
such agreements shall not be construed to
this agreement and the obligations of the
the Parties to this agreement by official
extension of this agreement at which time
ing all parties will be executed.
it joins in a similar
fire protection agencies,
be an extension of
Parties hereto, unless
action%approve the
a new agreement cover -
THIS agreement,
consisting
of one
(1) page, constitues the
entire agreement of
the Parties
hereto.
IN WITNESS WHEREOF this agreement has/be
respective Parties this a0day of
BYCITY2 FAYET VI LE CITY OF
/lMayo By
Mdyor }'°
FORK
by the
1985.
FAYETTEVIILLLE FIRE DEPT. WEST FORK FIRE DEPT.
By AY
Fire Chief Fire Chief
ATTEST: WEST FORK RURAL FIRE
_(�� PROTECTION ASSOCIATION
lerk
By .v
ty t a -
President
ATTEST:
BYl
City Clerk
•
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
6/2112005
City Council Meeting Date
Fire Management Team Fire Operations
Submitted By Division Department
Action Required:
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.
Cost of this request
Account Number
Project Number
Budgeted Item
Category/Project Budget
Funds Used to Date
Remaining Balance
Budget Adjustment Attached
9&4 :f X1712 S —
De ect Date
City A orney
4PE ?" 41 W
Finance and Internal Service Director Dat
Mayor
Program Category / Project Name
Program / Project Cate o Name
Fund Name
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
�.,Received in City Clerk's Office
... • C' 2421 1?
This M UAL AID ACRE 2JENf executed on this �� day of
198 5 , by and between the City of Fayetteville,
Arkans Is and the Volunteer Fire Department of the
Commnity.
WHEREAS, the purpose of this agreement is to better protect the
lives and property of the citizens residing and awning property within
the corporate limits or service areas of the parties.
NOW, THEREFORE, the parties to this agreement hereby mutually
agree as follows:
1. upon a properly authorized request of the other party, each
party will lend to the other aid and assistance in any fire, natural
disaster or other emergency falling within the capabilities of the
parties. Such aid and assistance shall include, but shall not be
limited to, the providing of
and equipment for such periods
corporate limits or service are
and nutually agreed upon from
the following policy:
supplerrental and/or stand-by personnel
of time and at such places within the
a of the aided party as shall be requested
tine to time, and in accordance with
(a) Mutual aid by the City of Fayetteville:
(1) Mutual aid will be provided by the City of Fayetteville
only upon request of the fire chief, or his designate,
of the other party; automatic response by the Fayetteville
Fire Department shall not be required.
(b) Mutual
aid will
be provided by the
City of Fayetteville
for the
following
occurrences:
(1) Tornado or other disaster.
(2) Fla7mable liquid fires.
(;) M:xe fires of one tine than the other party's department
can handle.
(5) Failure of the otl=r dep.,=,-ent's equipment.
(6) Rescue which the other department does not ha=ve the
equipment or training to provide.
(7) r rge wild lan7 fi`eS.
-2-
(c) Mutual aid to the City of Fayetteville will be provided
for the following occurrences:
(1) Tornado or other disaster.
(2) When
the manpower
and equipment of
the Fayetteville
Fire
Department are
combatting another
emergency.
(3) In areas where there are no fire hydrants and the other
party's department can provide tankers for water supply.
(4) For large fires where it is necessary to rotate men
for rest periods and the Fayetteville Fire Department
is in need of additional manpower.
(5) Failure of the Fayetteville Fire Department's equipment.
2. Assistance under this agreement shall be provided on a reciprocal
basis until such time as either party shall give the other written
notice of withdrawal and termination of this agreement.
3. Should either party execute a Mutual Aid Agreement with
another party, such execution shall not be construed to be an extension
of this agreement.
IN WITNESS WiiEREOF, this Agreement has been executed on the date
first above written.
CITY OF FA=EVI ARKANSAS
By: 1 f4zl
Mayor
ATTEST
By:
(,CiV Clerk
GOSHEN VOLUNTEER _FIRE DEPARTMENT
ATTEST
Dy
l—
Title:
Z • •
This MUTUAL AID AGREEMENT executed on this day of
1985 by and between the City of Fayetteville,
Arkansas and the Volunteer Fire Department of the ROUND
MOUNTAIN CoRmnity.
WHEREAS, the purpose of this agreement is to better protect the
lives and property of the citizens residing and owning property within
the corporate limits or service areas of the parties.
NOW, THEREFORE, the parties to this agreement hereby mutually
agree as follows:
1. Upon a properly authorized request of the other party, each
party will lend to
the other
aid and
assistance
in any fire,
natural
disaster or other
emergency
falling
within the
capabilities
of the
parties. Such aid and assistance shall include, but shall not be
limited to, the providing of supplem>zntal and/or stand-by personnel
and equipment for such periods of time and at such places within the
corporate limits or aervice area of the aided party as shall be requested
and rrutually agreed upon from time to time, and in accordance with
the following policy:
(a) Mutual aid by the City of Fayetteville:
(1) Mutual aid will be provided by the City of Fayetteville
only upon request of the fire chief, or his designate,
of the other party; automatic response by the Fayetteville
Fire Department shall not be required.
(b) Mutual aid will be provided by the City of Fayetteville
for the following occurrences:
(1) Tornado or other disaster.
(2) Flammable liquid fires.
(3) Fires with life in danger.
(4) More f.ros at cnc ti7ie tan the other party's departrrrnt
can handle.
(5) Fail: -e c_ the ct}er de^:4rt_-r-_nt's equip"ten *.
_ ,.,
r.1 .p �h 1 r. _� i c `I e
(6) Res..,.. which the 't n'_ ve_,a t: :?lil O:Yc rent have the
equipirenr oc' training to provide.
(7) Large wild land fires.
0
-2-
(c) Mutual aid to the City of Fayetteville will be provided
for the following occurrences:
(1) Tornado or other disaster.
(2) When the manpower and equipment of the Fayetteville
Fire Department are combatting another emergency.
(3) In areas where there are no fire hydrants and the other
party's department can provide tankers for water supply.
(4) For large fires where it is necessary to rotate men
for rest periods and the Fayetteville Fire Department
is in need of additional manpower.
(5) Failure of the Fayetteville Fire Department's equipment.
2. Assistance under this agreement shall be provided on a reciprocal
basis until such time as either party shall give the other written
notice of withdrawal and termination of this agreement.
3. Should either party execute a Mutual Aid Agreement with
another party, such execution shall not be construed to be an extension
of this agreement.
IN WIT[g5S VEIEREOF, this Agreement has been executed on the date
first above written.
CITY O AYETTEVI ARKANSAS
By
Mayor
ATTEST ?
4 By:
--T ts Clerk
B i i
Title:
ATTEST
By:
Title: —
l
o • r.• �a is
This MUTUAL AID PGRHEMENI' executed on this 92 � W day of
198, by and between the City of Fayetteville,
7- V
Arkansas and the Volunteer Fire Department of the
Corr munity.
WHEREAS, the purpose of this agreement is to better protect the
lives and property of the citizens residing and owning property within
the corporate limits or service areas of the parties.
NOW, THEREFORE, the parties to this agreement hereby mutually
agree as follows:
1. Upon a properly authorized request of the other party, each
party will lend to the other aid and assistance in any fire, natural
disaster or other emergency falling within the capabilities of the
parties. Such aid and assistance shall include, but shall not be
limited to, the providing of supplemental and/or stand-by personnel
and equipment for such periods of time and at such places within the
corporate limits or ;ervice area of the aided party as shall be requested
and nutually agreed upon from time to time, and in accordance with
the following policy:
(a) Mutual aid by the City of Fayetteville:
(1) Mutual aid will be provided by the City of Fayetteville
only upon request of the fire chief, or his designate,
of the other party; automatic response by the Fayetteville
Fire Department shall not be required.
(b) Mutual aid will be provided by the City of Fayetteville
for the following occurrences:
(1) Tornado or other disaster.
(2) Flc.mrable liquid fires.
(3) Fires with life in danger.
(•:) More fires at one ti....a than the other party's departrrant
can handle.
(5) Failure or the ether denar_tment's equipment.
y.
(o) Rescue which the other de art^znt does not have the
equipment or training to provide.
(7) Large wild land fires.
(c) Mutual
aid to the City of
Fayetteville
will be provided
for the
following occurrences:
(1) Tornado or other disaster.
(2) when the manpower and equipment of the Fayetteville
Fire Department are combatting another emergency.
(3) In areas where there are no fire hydrants and the other
party's department can provide tankers for water supply.
(4) For
large fires
where it is necessary to
rotate men
for
rest periods
and the Fayetteville Fire
Department
is
in need of additional
manpower.
(5) Failure of the Fayetteville Fire Department's equipment.
2. Assistance under this agreement shall be provided on a reciprocal
basis until such time as either party shall give the other written
notice of withdrawal and termination of this agreement.
3. Should either party execute a Mutual Aid Agreement with
another party, such execution shall not be construed to be an extension
of this agreement.
IN WITNESS MIEREOF, this Agreement has been executed on the date
first above written.
CITY OF FAYETTEVIL ARKANSAS
By: 6 0
Mayor
ATTEST
By:
6�itV Clerk
Pr Pi
Byr
Title:
ATTEST
By;
Title: /_, u�f,•��� �/��--.L ���� �-.6r7
This MUTUAL AID AGREEMENT' executed on this t s rr+ day of
PA �,'&U<77r , 198 , by and between the City of Fayetteville,
Arkansas and the Volunteer Fire Department of the � ►JGTo�1
Community.
WHEREAS, the purpose of this agreement is to better protect the
lives and property of the citizens residing and owning property within
the corporate limits or service areas of the parties.
NOW, THEREFORE, the parties to this agreement hereby mutually
agree as follows:
1. Upon a properly authorized request of the other party, each
party will lend to the other aid and assistance in any fire, natural
disaster or other emergency falling within the capabilities of the
parties. Such aid and assistance shall include, but shall not be
limited to, the providing of supplemental and/or stand-by personnel
and equipment for such periods of time and at such places within the
corporate limits or Service area of the aided party as shall be requested
and mutually agreed upon from time to time, and in accordance with
the following policy:
(a) Mutual aid by the City of Fayetteville:
(1) Mutual aid will be provided by the City of Fayetteville
only upon request of the fire chief, or his designate,
of the other party; automatic response by the Fayetteville
Fire Department shall not be required.
(b) Mutual aid will be provided by the City of Fayetteville
for the following occurrences:
(1) Tornado or other disaster.
(2) Flammable liquid fires.
(3) Fires with life in danger.
(4) More fires at one time than the other party's department
can handle.
(5) Failure of the other department's equipment.
(6) Rescue which the other department does not have the
equipment or training to provide.
(7) Large wild land fires.
-2-
(c) Mutual aid to the City of Fayetteville will be provided
for the following occurrences:
(1) Tornado or other disaster.
(2) When the manpower and equipment of the Fayetteville
Fire Department are combatting another emergency.
(3) In areas where there are no fire hydrants and the other
party's department can provide tankers for water supply.
(4) For large fires where it is necessary to rotate men
for rest periods and the Fayetteville Fire Department
is in need of additional manpower.
(5) Failure of the Fayetteville Fire Department's. equipment.
2. Assistance under this agreement shall be provided on,a reciprocal
basis until such time as either party shall give the other written
notice of withdrawal and termination of this agreement.
3. Should either party execute a Mutual Aid Agreement with
another party, such execution shall not be construed to be an extension
o£ this agreement.
IN WITIg= W�F, this Agreerrent has been executed on the date
first above written.
MWORPAPS
B}' • �
it& Clerk
CITY OF EA=EVILLE? ARKANSASBy : ldG^i
Mayor
By: U V
Title: f1?�E CFAIEF
mpg
\ ST
By:
Title: 1��-rte,,�ft �'' tl�ikEtTc�:S
MUTUAL AID FIRE PROTECTION AGREEMENT
BETWEEN THE
West Fork Rural Fire Protection Association and
the City Fire Department of West Fork, 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 service area
boundaries of the Parties to the agreement, and for the mutual
benefit of the Parties and the persons whom they serve and pro-
tect, it is hereby agreed:
THAT each 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 service area boundaries 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 agreeme
agreement with a jurisdiction having like
such agreements shall not be construed to
this agreement and the obligations of the
the Parties to this agreement by official
extension of this agreement at which time
ing all parties will be executed.
at joins in a similar
fire protection agencies
be an extension of
Parties hereto, unless
action -approve the
a new agreement cover -
THIS agreement, consisting of one (1) page, constitues the
entire agreement of the Parties hereto.
IN WITNESS WHEREOF this agreement has be n
respective Parties this day of
BYTy VI Ldf�EP�2�/ CYTY OF
B
Mayor yor
FAYETTEVILLE FIRE DEPT.
By G!/ 2&re1"
Fire Chief
ATTEST:
n .
"ty Clerk
i by the
, 1985.
FORK
WEST FORK FIRE DEPT.
By
Fire Chief
WEST FORK RURAL FIRE
PROTECTION ASSOCIATION
Ln ,�
President
ATTEST:
By'la1-, ,.
City Clerk
From: Clarice Pearman
To: Fire Management Team
Date: 6/24/05 1:27PM
Subject: Ord. 4715
Team,
Attached is a copy of the ordinance passed by City Council, June 21, 2005 amending 33.046 of the Code
of Fayetteville regarding fire protection outside corporate limits.
Thanks.
Clarice
FA�11.,,1Ii�
Worth ectArkAnIr"'most Wider Read tvv"paper"
AFFIDAVIT OF PUBLICATION
I, Erin Emis. do solemnly swear that I am the Legal Clerk of the Arkansas
Democrat-Gazette/Northwest Arkansas Times newspaper, printed and
published in Lowell, Arkansas, and that from my own personal knowledge
and, reference to the files of said publication, that advertisement of:
tC�) 7q15:�:_was inserted in the regular editions on
him a'� e4 -1q, �FbS
PO#
Publication Charge: $ q�' �� _
Subscribed and sworn to before me this
day o�
Notary Public "
Sharlene D. Williams
My Commission ublic
Stat��ka'�as--
My Commission Expires
Please do not pay fro°m Atticlavvit
An invoice will be sent.
RECEIVED
2005. JUL 0 5 205
MY OF FAYETTEVILLE
CITY CLERK'S OFFICE
ORDINANCE NO. 4715
AN ORDINANCE AMENDING TITLE III, CHAPTER 33,
CITY OF FAYET HA IIIE CODE OF ORDINANCES TO
CLARIFY THE METHOD BY WHIr.H APP Dona
)AHED EY THE CT' COUNCIL OF
OF FA=EVILLEi ARKANSAS:
Section 1. That § 33.046, Provic1ing Re Protection SONCea Outside City, City of Feyernevllle Code of
Ordinances is hereby repealon, MO the follow n9 Is inserted in its steed:
33.046 Providing Fire Protection Se= Outside 0 t
The dry fire department shall not
provide fire pmtection senAces beyond Me corfwrete Mite and shell
not combat arty fire located outside the corporete Units incept pursuant to:
(A) A mutual old agreement, approved by Me City Coundl. with another rnmouidpal ComM31tio l or with e
duty and legally organized fire department which operates In Washington County
County
The city fire department shell have Me right to refuse to respond to any fire located outside the dyb
Corpora a limits if, h Me judgment of Me fire chef, or authorised reprasentathfe. fee protedlon wiMin the
City would be Impaired by suds A response,
PASSED entl APPROVED Mrs 21st day of June 2005,
RO BOX 1607 • 212 N. EAST AVENUE 9 FAYETIEVILLE, ARKANSAS 72701 • 479-571-6470