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HomeMy WebLinkAboutAmending Chapter 9 Entitled Limited Fee Exemptions for Emergencies Involving Local Units of Government Gvoerned by Mutual Aid AgreementORDINANCE No. 10305 -14 Passed by the Common Council of the City of South Bend, Indiana Attest: Attest: April 28, 20 14 Presented by me to the Mayor of the City of South Bend, Indiana April 29, 20 14 City Clerk ,esident of Common Council Approved and signed by me Aft) L Z 9 20 1 � City Clerk 0 tOKTy Mayor M Bill No. 2i1-0 Ordinance No. � 03 OS _t y AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 9, ARTICLE 5 OF THE SOUTHBEND MUNICIPAL CODE BY INCLUDING NEW SECTION 9 -30 ENTITLED LIMITED FEE EXEMPTIONS FOR EMERGENCIES INVOLVING LOCAL UNITS OF GOVERNMENT GOVERNED BY MUTUAL AID AGREEMENT. STATEMENT OF PURPOSE AND INTENT On December 9, 2013, the South Bend Common Council passed Bill No. 68 -13 addressing specialized services performed by the South Bend Fire Department. That Bill became Ordinance No. 10275 -13, after being approved by the Mayor and has been codified into the South Bend Municipal Code. That ordinance was the first update to the regulations governing hazardous materials and tactical teams since 1998. The ordinance noted that these specialized teams provide unique life- saving public services by the qualified and dedicated individuals serving on those teams. It further noted that fee adjustments were necessary in order to sustain and provide these critical services for the betterment and safety of the City of South Bend and Homeland Security District # 2. The Indiana General Assembly created a statewide mutual aid program which automatically makes each Indiana unit of government a party to a Statewide Mutual Aid Agreement. There are seven (7) counties in District 2 which include St. Joseph, Elkhart, Starke, Marshall, Kosciusko, Pulaski and Fulton, as depicted on the attached map. District 2 Mutual Aid Inter -Local Government Agreement is aimed to expand the resources available to each participating jurisdiction, to coordinate planning, to ensure timely arrival of aid, to minimize operational and administrative conflicts and to facilitate prompt recover of costs. This ordinance sets forth limited exemptions for emergencies involving any local unit of government who is governed by the District 2 Mutual Aid Inter -Local Government Agreement. lipp lip / / / / G1i ! Section I. Chapter 9, Article 5 of the South Bend Municipal Code is amended by the addition of new Section 9 -30 which shall read in its entirety as follows: South Bend Fire Department Hazmat & Tactical Team User Fee Ordinance Page 2 Sec. 9 -30 Limited Fee Exemptions for Emergencies Involving.Local Units of Government Governed by Mutual Aid Agreement. Section I. Chapter 9, Article 5 of the South Bend Municipal Code is amended to read in its entirety as follows: (a) Definitions: As used in this Article, the following definitions apply: (1) Emergency shall mean any occurrence, or threat thereof, whether natural or caused by man, in war or in peace, which results or may result in substantial injury or harm to the population, substantial damage to or loss of property, or substantial harm to the environment and is beyond the capacity of an individual jurisdiction to effectively control. (2) Mutual Aid shall mean a prearranged written agreement and plan whereby assistance is requested and provided between two or more jurisdictions during a designated emergency under terms of the District 2 Mutual Aid Inter -Local Government Agreement. (b) The user fees for the South Bend Fire Department's Hazardous Materials Team set forth in Section 9 -26 and the user fees for the South Bend Fire Department's Tactical Rescue Team (TRT) set forth in Section 9 -27 of this Article shall not be charged for mutual aid services provided by such teams to a local unit of government who is governed by the District 2 Mutual Aid Inter -Local Government Agreement during an emergency. Sec. 9 -31 Through Sec. 9 -33 Reserved for Future Use. Section II. If any section, subsection, sentence clause or phrase of this Article is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, legal publication. )IJeLiak& Council Member Derek D. Dieter Health & Public Safety Committee Chairperson Council Member at Large of the Common Council South Bend Fire Department Hazmat & Tactical Team User Fee Ordinance Page 3 WYOKIMM TN�A i FrIlITIMMS), • •: 01a' ent4by me to Mark Neal the Deputy Mayor of the City of South Bend, Indiana, on the Z'Ylay of .p,n A , 2014, at 1 � ' z-6 o'clock q_. m. Janice lboom, Deputy Clerk p ZOOerLando y me on the L 9 day of AeAl L 2014 at 5 30o'clock r .m. ark Neal 0ff4rl Mayor City of South Bend, Indiana 1st, READING PWLiq HEARING 3rd READING HOT APPROVED REFERRED PASSEEi I Fled in Clerlf',.> APR 0 ; ii4 _ .. -.�.� JCZ�` CITY CLE Oliver J. Davis President Derek D. Dieter Vice - President Valerie Schey Chairperson, Committee of the Whole Tim Scott First District City of South Bend Common Council 441 County -City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 April 4, 2014 The South Bend Common Council 4's Floor County -City Building South Bend, Indiana 44601 (574) 235 -9321 Fax (574) 235 -9173 http: //w ..southbendin.gov Re: Ordinance Creating Limited Fee Exemptions for Emergencies Involving Local Units of Government Governed by Mutual Aid Agreement. Henry Davis, Jr. Dear Council Members: Second District I am introducing for your consideration and approval the attached proposed Valerie Schey ordinance. The council Attorney and I have had the pleasure of working closely Third District Assistant Chief Jim Lopez in developing this ordinance. Fred Ferlic The proposed ordinance would provide limited fee exemption for services Fourth District provided by the South Bend Fire Department's Hazardous Materials Team and the Tactical Rescue Team for governmental units who are signatory to the District David Varner 2 Mutual Aid Inter -Local government Agreement. Fifth District I request that the Bill be referred to the Health and Public Safety Committee and Oliver J. Davis Sixth District set for public hearing at the April 28, 2014 Common Council meeting. Thank you. Derek D. Dieter At Large Most sincer Gavin Ferlic At Large Derek D. Da so Hea lth and Public Safety Committee Karen L. White At Large Attachments cc: Fire Chief Steve Cox Assistant Fire Chief Jim Lopez Rick Tripp, St. Joseph County Emergency Management Agency Director