HomeMy WebLinkAbout2012-3398 - Ordinance - 03/08/2012 ORDINANCE NO. 2012 3N$
AN ORDINANCE AMENDING CHAPTER 6 "FIRE PROTECTION" OF THE CODE
OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY ADDING
SECTION 4 "EMERGENCY AND RESCUE SERVICES "; AUTHORIZING THE
COLLEGE STATION FIRE DEPARTMENT TO CHARGE FOR THE COST OF
PROVIDING CERTAIN EMERGENCY AND RESCUE SERVICES WITHIN ITS
DESIGNATED RESPONSE AREA UNDER CERTAIN CIRCUMSTANCES;
PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the College Station Fire Department provides fire suppression, emergency medical,
and rescue services in and around the City of College Station; and
WHEREAS, the College Station Fire Department 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 College Station and its citizens; and
WHEREAS, because of the foregoing, the City Council of the City of College Station herein
directs the City and its Fire Department to effectuate a revenue recovery plan through which
beneficiaries of the services of the College Station Fire Department are required to pay a fair and
reasonable share of the cost of loss and wear and tear to apparatus, tools, equipment and
materials used and the cost of the specialized training provided to the emergency responders of
the College Station Fire Department in the use of such tools, equipment and materials, so that a
safe and appropriate level of service can be available to the City; and
WHEREAS, frequently, persons or entities requiring the emergency services and for whom the
apparatus, tools, equipment, and materials have been utilized have insurance to cover the costs
associated with the loss and wear to said tools, equipment, and materials incurred in connection
with the act of rendering emergency services to said persons or entities and should therefore also
be assessed such costs; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the facts and recitations contained in the preamble of this Ordinance are
hereby found and declared to be true and correct, and are incorporated by
reference herein and expressly made a part hereof.
PART 2: That Chapter 6, Section 4 be hereby added to the Code of Ordinances of the City
of College Station, Texas, as set out in Exhibit "A ", attached hereto and made a
part of this ordinance for all purposes.
PART 3: That all previous ordinances in direct conflict with this ordinance are hereby
superseded and repealed, but only to the extent of such conflict.
PART 4: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way affect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and
effect.
PART 5: That any person, firm, or corporation violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be punishable according with the general penalties for violations as set out in
Chapter 1, Section 5 of the College Station Code of Ordinances.
PART 6: That this ordinance shall become effective immediately upon passage and
approval.
PASSED, ADOPTED and APPROVED this g-'' day of MarCh 2012.
ATT ST: APPROVED:
L City Secret Mayor
APPROVED:
/ 0 / /
City Attorney
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EXHIBIT "A"
That Chapter 6, Fire Protection, of the Code of Ordinances, City of College Station, Texas, is
hereby amended by adding a section, to be numbered Section 4 "Emergency and Rescue
Services," which said section shall read as follows:
"CHAPTER 6
FIRE PROTECTION
SECTION 4 Emergency and Rescue Services
A. The City Council of the City of College Station recognizes and supports the practice of
College Station Fire Department to bill persons and entities, including insurance companies
providing coverage to said persons and entities, for the reasonable costs that are related and
incidental to any loss, damage, and wear to College Station Fire Department apparatus, tools,
equipment, and materials utilized to provide the emergency services to said persons and entities.
B. Fees shall be collected for services provided within the College Station Fire Department
designated response area that includes both inside and outside the City limits. Fees will not
exceed the amount expended by the College Station Fire Department. Fire Administration shall
collect applicable incident report information that will be forwarded to the College Station Fire
Department's authorized agent responsible for collection of any incurred fees.
C. The College Station Fire Department, or its authorized agent, shall submit an invoice to the
appropriate insurance company, person, or entity covering or responsible for the particular
expenses as related to the emergency services provided.
D. If it can be reliably determined that there is no applicable insurance coverage for the
emergency and rescue services provided by the College Station Fire Department, or if the
emergency and rescue services were provided as a result of negligent and/or malicious act(s) or
risky behavior on part of the recipient, then the City may hold responsible the person or entity
that received said emergency services for the costs."
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