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HomeMy WebLinkAboutCreating Article 5 of the Chapter 9, Entitled hazardous material and tactical rescue teamsORDINANCE No. a9z, sa Passed by the Common Council of the City of South Bend, Indiana, July 13, 19 ~~ Attest: Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana President of Common Council July 14, 19 98 City Clerk Approved and signed by me July 20 ~ 19 98 Mayor ~ ~ ~ ~4 SUBSTITUTE ORDINANCE NO. U l o~ I ~ / J AN ORDINANCE CREATING ARTICLE 5 OF CHAPTER 9 OF THE SOUTH BEND MUNICII'AL CODE, ENTITLED HAZARDOUS MATERIAL AND TACTICAL RESCUE TEAMS Statement of Purpose and Intend The Fire Department of the City of South Bend has established and operated a Hazardous Material Team and a Tactical Rescue Team at the expense of the City of South Bend. These teams deal with hazardous material emergency situations and with confined space and other rescue emergency situations respectively. The purpose of this Ordinance is to establish fees when either of these teams responds to a crisis outside the city limits. The monies raised will be used for the cost of repairs andbr purchase of necessary equipment, for these teams, other Fire Department equipment, and to pay for the cost of needed repair and remodeling of existing fire stations, or the building of new fire stations and the creation and continuation of dedicated fund for the deposit of such fees received. Such fees were not established before by the Common Council of the City of South Bend, although the Board of Public Safety has entered into contracts in the past with the Indiana Toll Road to provide such services. NOW, THEREFORE, BE TT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section ][• It is hereby created Article 5 of Chapter 9 of the South Bend Municipal Code, entitled Hazardous Materials and Tactical Rescue Team, to read as follows: Section 9-26 Hazardous Material TTs .r Fee Established (al Th e f ollow ing user fee schedule s hall be ch ged for all hazar dous material responsgs Qutside the Cit y of South Bend }provided by the City hmi gh the Srn~th RPnrl Fire Department Hazar dou s Ma terial Team .(,~ Basic Fee (iJp to 4 hoursl. 52400.00 .(~ Additional Hourly Charge~,after 4 hoursl 5664.00 ~ amputation of the time set fora ve shall inclndP any Fraction of an Ho ~r and shall run from he time of dispatch to the time the Haz rdous Ma erial Team re o s back in service. Sbl In addition to the above, the shall charge for the replacement costs for disposable materials and supplies ac~uLred~ons m and exp nd .~ sp ifi al y for the pose of the response as well as replacement costs for equipment owned by South Bend that is contarrn~ated or othe 's dams Berl l,eyond reuse or repair durin tg he response This charge shall be made regardless of the location of the incident Sc) The ab ove fees shall be char ged on a per run occurr ence The o wne r of rhP p~pg~rrv, 'n h emerg ray receiver response nP.r PSSarv shall 'oin ly and se verally lia ble for the fees (dl The above fees shall take effect on Tul,~, 1998 .' 4 t~~,js • . '~ . Section 9-27. Tactical Rescue Team User Fee Established. ,(~,ZThe following user fee schedule shall be charged for all tactical rescue responses outside the City of South Bend provided by the Citv through the South Bend Fire Department Tactical Rescue Team. .(.~,1 Basic Fee l,Up to 4 hours) .......................................... 24 .{,~ Additional Hourly Charge'~after 4 hoursl ................... $660.00 ~.3~ Computation of the time set for above shall include any Fraction of an Hour and shall run from the time of dispatch to the time the Tactical Response Team reports back in service. Sbl Ln addition to the above, th i y shall charge for the replacement costs for disposable materials and supplies acquired, consumed, and expended specifically for the purpose of the response as well as replacement costs for e4uipment owned by South Bend that is contaminated or otherwise daman eg d beyond reuse during the response. This charge shall be made regardless of the location of the incident. (c1 The above fees shall be charged to the beneficiary of the services, the owner of the property, and if known, the person or persons whose actions in whole or in part made the emergency receiver response necessary shall be jointly and severally liable for the fees. ~d) The above fees shall take effect on July 1, 1998. Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor and legal publication. ~~ -~ Member of the Common Council 1 st READING ~~- g- g PUELiC HEARING 7'~J ' 9 !j 3rd READING 7_~3 ~ ~~ NOT APPROVED i?~:FERRED ~~" _ .~ t P/,55ED 713-9L`-`'CIS SU~S~ ~`(l~~ Filed ire Clerlc'~ ®ffi~ JUI~ - 3 f3~B LOPciT/l~i. Di1D1'i CITYCLERIG, 30. ®I:PdD,11:. COMMITEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Commitee of the Whole, to whom was referred: BILL NO. 132-97 A BILL CREATING ARTICLE 5 OF CHAPTER 9 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED HAZARDOUS MATERIAL AND TACTICAL RESCUE TEAMS Respectfully report that they have examined the matter and that in their opinion, this bill has been recommended to the Council favorably, as substituted. John Broden Chairman 7O1 W. SAMPLE STREET SOUTH BEND, INDIANA'166O1-ZH91 PHONe219/235-9255 Fax 219/235-9305 TDD 219/235-5567 CTCY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR SOUTH BEND FIRE DEPARTMENT LUTHER J. TAYLOR FIRE CHIEF May 19, 1998 Mr. Sean Coleman South Bend Common Council 4th Floor, County-City Building South Bend, In 46601 Dear Mr. Coleman, Please find attached for filing an ordinance establishing a user fee for the City of South Bend Fire Department Hazardous Material Team and the Tactical Rescue Team. Revenue generated from these teams are deposited into Fund #289 which assist with the on going upgrade and replacement of equipment. The Haz-Mat Team currently provides service to a portion of the Toll Road through an agreement which was approved by the Board of Safety. If you have any further questions, I will be available to answer them. Sincerely, ~~o~- 1~ Luther Taylor Fire Chief LT\kas Filed its Clerl~'~ Office JUf~ - 3 1993 LORaTTA J. oIl~r~ CRY CLERK, ~. 6EtdD,!"!. ROBERT X. QUINN III BERT R. PRAWAT RICHARD D. $wITAISxI ASST.CHIF.F OPERATIONS ASST.CH[EF FIRE PREVENTION ASST. CHIEF SERVICES /EMS