AN
ORDINANCE OF THE CITY OF BASTROP AUTHORIZING THE BASTROP FIRE DEPARTMENT
TO SEEK REIMBURSEMENT OF COSTS OF CERTAIN EMERGENCY, FIRE AND RESCUE
SERVICES PROVIDED BY THE BASTROP FIRE DEPARTMENT, FOR SERVICES PROVIDED
WITHIN THE RESPONSE AREA OF THE BASTROP FIRE DEPARTMENT. PROVIDING
A SEVERANCE CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS: The Bastrop Fire Department ("BED")
provides fire suppression, emergency, and rescue services in and around
the City of Bastrop.
WHEREAS: The BFD is equipped with and utilizes certain
apparatus, emergency tools, equipment, and materials as a means of
saving lives and property; and
WHEREAS: The purchase of said tools, equipment, and
materials is a significant expense for the City of Bastrop; and
WHEREAS: The BFD has requested that the City Council
of the City of Bastrop approve a plan by which the BFD may seek to
recover certain costs expended by the City and/or the BFD to provide
fire suppression, emergency and rescue services to persons and entities
located within The Bastrop Fire Department service area; and
WHEREAS: The Council has determined that it is protective
of the health and welfare of the Citizens of the City to have BFD
service beneficiaries pay a fair and reasonable share of the cost
incurred by the City and/or BFD related to items such as, but not
limited to: (1) wear and tear of apparatus, tools, and equipment,
(2) materials used during the provision of services, and (3) specialized
training provided to the firefighters of the BFD.
WHEREAS: The City Council has evaluated the proposed
Fee Recovery Schedule, provided and proposed by the BFD for various
BFD services; and
WHEREAS: The BFD has reported to the Council that
many. persons or entities requiring BFD emergency services have insurance
to cover the costs associated with such the provision of services
by the BFD, as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF BASTROP THAT:
SECTION 1: That the City of Bastrop recognizes and
supports the right/need of the BFD to recover certain costs incurred
by it as a result of its provision of fire suppression, emergency
and rescue services. Such fees for BFD services shall be related to
items such as, but not limited to: (1) wear and tear of apparatus,
tools, and equipment, (2) materials used during the provision of services,
and (3) specialized training provided to the firefighters of the BFD
to update training and enhance BFD services. ("Fees and Charges")
SECTION 2: BFD Fees and Charges shall be collected
for services provided inside the City Limits as well as those provided
outside the City Limits of Bastrop, as set forth in detail in Exhibit
A, attached hereto, and as amended by the Council, from time to time.
The Administrative personnel of the BFD shall utilize applicable incident
report information, which will be used as documentation for collection
of Fees and Charges, by the City's BFD's .
SECTION 3: The BFD, or its authorized agent, shall
submit an invoice to the applicable insurance company covering the
losses and damages that are related to the BFD's emergency services
rendered. If it can be reliably determined that there is no insurance
coverage for a specific event/loss which causes the BFD to incur loss,
damage, and wear and tear to apparatus, tools, equipment, and materials,
then the BFD may seek reimbursement from the person(s) or entities
that received emergency services from the BFD.
SECTION 4: Residents of the City of Bastrop who have no insurance
coverage for the incident(s) connected to receiving emergency services
rendered by the BFD are hereby exempted from the BFD Fees and Charges
contained herein, unless it is determined that the BFD emergency services
rendered were necessary as a direct result of negligent and/or malicious
act(s) and/or omissions, on the part of the recipients of the BFD
services. Property used for commercial, retail, industrial and/or
other non-residential purposes shall not be eligible for any exemption
from payment of the BFD Fees and Charges, as stated herein if, the
Fire Chief, determines that the facility involved in the emergency
services provided by the BFD did not have properly installed and/or
functioning fire alarms and/or fire suppression equipment and systems.
SECTION 5: BFD shall not seek reimbursement for BFD services
provided to residential structures fires within the City's corporate
limits, unless it is determined that the fire fighting services rendered
by BFD were a direct result of negligent, malicious act(s) and/or
omission, on the part of the property owners/residents. This 'residential
exclusion' does not apply to multifamily residential units that provide
housing to more than two families, i.e., having more than two separate
residential units.
SECTION 6: First Responder/Medical Assist calls to residences,
(i.e., not involving a motor vehicle), that are located within the
City's corporate limits are hereby exempted from the BFD Fees and
Charges , unless it is determined that the emergency services rendered
were a direct result of negligent, malicious act(s) and/or omissions,
on the part of persons receiving the treatment.
SECTION 7: In December of each year that this Ordinance is
in effect, the Fire Chief shall prepare a summary report of the BFD's
collections and assessments as per this Ordinance, and shall submit
it to the City Manager. The City Manager shall forward the report
to the City Council for its review, consideration and comment, during
a City Council meeting.
SECTION 8: BFD's allocation of fees collected, shall be proportional
as between the City and the BFD, and the division of same shall be
based upon the ownership of the equipment used by the BFD on the call
that generates the fee.
SECTION 9: The BFD shall remit to the City's Finance
Department the City's portion of Fees collected pursuant to this Ordinance,
by the 15th of each applicable month, along with documentation used
by the BFD in determining the City's portion of Fees collected.
SECTION 10: All City Ordinances or parts of Ordinances that
are in conflict with the provisions set forth in this Ordinance are
hereby repealed, and no longer have nor shall they be given any force
or effect.
SECTION 11: If any provision of this Ordinance or
application thereof to any person(s) or circumstance(s) shall be held
invalid, such invalidity shall not affect the other provisions, or
application thereof, so long as the remaining, non- conflicting provisions
may be given effect.
SECTION 12: This Ordinance shall take effect upon
the date of final
passage noted below, or when all applicable hearing and publication
requirements, if any, are satisfied in accordance with the City's
Charter, Code of Ordinances, and the laws of State of Texas.
READ and ACKNOWLEDGED on First Reading on the 13th day of November
2007.
READ and ADOPTED on Second Reading on the 27th day of November 2007.
APPROVED:
By: Tom Scott
Mayor
ATTEST:
Teresa Valdez
City Secretary
EXHIBIT
A
ITEMS
TO BE BILLED PER HOUR**
**The minimum charge for any item on this list is one (1) hour,
and for any additional hours or portion thereof, the charge
will be prorated accordingly. |
Unit
of Measure |
Apparatus |
Price
per Hour** |
| Per Engine |
Class A Engine |
$500.00 |
| Per Aerial |
Aerial |
$500.00 |
| Per Rescue
unit |
Rescue (Heavy) |
$600.00 |
| Per Brush
unit |
Brush Truck |
$400.00 |
| Per Command
unit |
Command Car/Truck |
$200.00 |
| Per PPV fan |
PPV Fan |
$55.00 |
| Per Generator |
Generator,
Portable |
$55.00 |
| Per Generator |
Generator |
$55.00 |
| Per Saw |
Chain Saw |
$45.00 |
| Per Pump |
Portable
Pump |
$95.00 |
| Per Pump |
Float Pump |
$65.00 |
FIRE
EQUIPMENT |
Tool
|
Price
|
Unit
of
Measurement |
| Foam Nozzle
|
$55.00 |
Per Incident |
| Foam Eductor |
$50.00 |
Per Incident |
| AFFF Foam |
$40.00 |
Per Gallon |
| Class A Foam |
$25.00 |
Per Gallon |
| Piercing
Nozzle |
$40.00 |
Per Incident |
| M/S Fog Nozzle |
$55.00 |
Per Incident |
| M/S Straight
Bore Nozzle |
$30.00 |
Per Incident |
| Salvage Cover |
$28.00 |
Each Used |
| SCBA Pack |
$85.00 |
Each Used |
| Hall Runner |
$18.00 |
Per Incident |
| Portable
Tank |
$75.00 |
Per incident |
| Water Extinguisher |
$22.00 |
Per Incident |
| Dry Chemical
Extinguisher |
$45.00 |
Per Incident |
| CO2 Extinguisher |
$45.00 |
Per Incident
|
| Scene Lights |
$22.00 |
Each Used |
| Water Vests |
$30.00 |
Each Used |
| Thermal Imaging
Camera |
$75.00 |
Per Incident
|
| Heat Detection
Gun |
$75.00 |
Per Incident |
| Sawzall |
$55.00 |
Per Incident |
HAZARDOUS
MATERIAL EQUIPMENT |
Supplies/Service |
Price |
Unit
of Measurement |
| Absorbent |
$17.00 |
Per Bag |
| Absorbent
Booms |
$40.00 |
Each Used |
| Top Sol |
$35.00 |
Each Used |
| Disposable
Coveralls |
$30.00 |
Each Used |
| Neoprene
Gloves |
$20.00 |
Each Used |
| Latex Gloves |
$6.00 |
Each Used |
| Over Boots |
$25.00 |
Each Used |
| Disposable
Goggles |
$15.00 |
Each Used |
| Gas Plug
Kit |
$50.00 |
Each Used |
| Plug and Dike |
$65.00 |
Each Used |
| Drum Liners |
$10.00 |
Each Used |
| Barricade Tape |
$22.00 |
Each Used |
| Poly Sheeting |
$55.00 |
Each Used |
| Removal of Hazardous Material |
$150.00 |
Per Incident |
| Disposal of Hazardous Material |
$150.00 |
Per Incident |
| Gas Multi
Meter |
$65.00 |
Per incident |
| CO2 Meter |
$65.00 |
Per Incident |
| Terrazyme |
$70.00 |
Each Used |
| Microblaze |
$10.00 |
Per Quart |
| Microblaze |
$150.00 |
Per 5 Gallons |
RESCUE EQUIPMENT |
Tool |
Price |
Unit
of
Measurement |
| Spreaders |
$250.00
|
Per Incident |
| Cutters |
$250.00 |
Per incident |
| Rams |
$250.00 |
Per Incident |
| Air Bags |
$250.00 |
Per Incident |
| K-12 Saw |
$55.00 |
Per Incident |
| Target Saw |
$55.00 |
Per Incident |
| Ajax Tool |
$25.00 |
Per Incident |
| K-Tool |
$25.00 |
Per Incident |
| Windshield Tool |
$15.00 |
Per incident |
| Rescue Blanket |
$32.00 |
Each Used |
| Rope |
$25.00 |
Each Used |
Collision Investigation Fee (to be charged in responses where no mitigation
services, debris removal, or rescue services are performed), $275.00.
