HomeMy WebLinkAboutOrd 919-2021 Amending Code Appendix A, Adding New Article A9.000 (Fire Services Fees)CITY OF ANNA, TEXAS
ORDINANCE NO. QI q-c^JWI
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE ANNA CITY
CODE OF ORDINANCES BY AMENDING APPENDIX A (FEE SCHEDULE) ADDING A
NEW ARTICLE A9.000 (FIRE SERVICES FEES); PROVIDING FOR AN EFFECTIVE
DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE
HIGHEST PENALTY AMOUNT ALLOWED BY LAIN, WHICHEVER IS LESS; AND,
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules
and regulations governing Schedule of Fees; and
WHEREAS, the City's emergency and non -emergency services response activity to
incidents continues to increase each year and requirements involving equipment and
training and to provide emergency services create additional demands on all operational
aspects of the fire department services; and
WHEREAS, the fire department has investigated different methods to maintain a high
level of quality of emergency and non -emergency service capability throughout times of
constantly increasing service demands, where maintaining an effective response by the
fire department decreases the costs of incidents to insurance carriers, businesses, and
individuals through timely and effective management of emergency situations, saving
lives and reducing property and environmental damage; and
WHEREAS, relying solely on real property tax to meet the increase in service demands
would not be fair when the responsible party(s) should be held accountable for their
actions; and
WHEREAS, the City Council of the City of Anna ("City Council") has investigated and
determined that it would be advantageous and beneficial to the City and its citizens to
amend sections of Appendix A (Fee Schedule) of The Anna City Code of Ordinances
("Anna Code") by adding fees related to fire emergency response and related services;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The above recitals are incorporated herein by reference for all purposes.
City of Anna, Texas Ordinance No. - aco Page 1 of 8
Section 2. Amendment
In accordance with Article 1.01 of the Anna City Code of Ordinances, ("Anna Code"), the
following amendments adding a new Article A.9000 to Appendix A (Fee Schedule) are
hereby adopted:
ARTICLE A9.000 FIRE SERVICES FEES
Sec. A9.001 Generally
MOTOR VEHICLE INCIDENTS
Level 1 - $506.00
Provide hazardous materials assessment and scene stabilization. This will
be the most common "billing level".
Level 2 - $576.00
Includes Level 1 services as well as clean up and material used (sorbents)
for hazardous fluid clean up and disposal and clean up any gasoline or other
automotive fluids that are spilled as a result of the accident/incident.
Level 3 — CAR FIRE - $704.00
Provide scene safety, fire suppression, breathing air, rescue tools, hand
tools, hose, tip use, foam, structure protection, and clean up gasoline or other
automotive fluids that are spilled as a result of the accident/incident.
ADD -ON SERVICES:
Extrication - $1,520.00
Includes heavy rescue tools, ropes, airbags, cribbing etc. This charge will be
added if the fire department has to free/remove anyone from the vehicles)
using. any equipment.
Creating a Landing Zone - $465.00
Includes Air Care (multi -engine company response, mutual aid, helicopter).
ADDITIONAL TIME ON -SCENE
Engine billed at $466 per hour. Truck billed at $582 per hour.
Miscellaneous equipment billed at $341.
City of Anna, Texas Ordinance No. 0 14 W. Page 2 of 8
HAZMAT
Level 1 - $816.00
Basic Response: Claim will include engine response, first responder
assignment, perimeter establishment, evacuations, set-up and command.
Level 2 - $2, 13.00
Intermediate Response: Claim will include engine response, first responder
assignment, hazmat certified team and appropriate equipment, perimeter
establishment, evacuations, set-up and command, Level A or B suit donning,
breathing air and detection equipment. Set-up and removal of
decontamination center.
Level 3 -- $6, 75.00
Advanced Response: Includes engine response, first responder assignment,
hazmat certified team and appropriate equipment, perimeter establishment,
evacuations, first responder set-up and command, Level A or B suit donning,
breathing air and detection equipment and robot deployment. Set-up and
removal of decon center, detection equipment, recovery and identification of
material. Disposal and environment clean up. Includes above in addition to
any disposal rates of material and contaminated equipment and material
used at scene. Includes 3 hours of on scene time - each additional hour 5)
$336.00 per HAZMAT team.
ADDITIONAL TIME ON -SCENE for all levels of service) Engine billed at
$466 per hour. Truck billed at $582 per hour. Miscellaneous equipment billed
at $341 per hour.
FIRE INVESTIGATION
Fire Investigation Team - $321.00 per hour. Includes:
• Scene Safety
• Investigation
Source Identification
K-9/Arson Dog Unit
Identification Equipment
Mobile Detection Unit
Fire Report
Starts when the Fire Investigator responds to the incident and includes time
to ed.
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FIRES
Assignment - $466.00 per hour, per engine / $582.00 per hour, per truck.
Includes:
• Scene Safetv
• Investigation
• Fire / Hazard Control
ILLEGAL FIRES
Assignment - $466.00 per hour, per engine / $582.00 per hour, per truck
When a fire is started by any person or persons that requires a fire
department response during a time or season when fires are regulated or
controlled by local or state rules, provisions or ordinances because of
pollution or fire danger concerns, such person or persons will be liable for the
fire department response at a cost not to exceed the actual expenses
incurred by the fire department to respond and contain the fire. Similarly_ if a
fire is started where permits are required for such a fire and the permit was
not obtained and the fire department is required to respond to contain the fire
the responsible party will be liable for the response at a cost not to exceed
the actual expenses incurred by the fire department. The actual expenses
will include direct labor, equipment costs and any other costs that can be
reasonably allocated to the cost of the response.
WATER INCIDENTS
Level 1
Basic Response: Includes engine response, first responder assignment,
perimeter establishment, evacuations, first responder set-up and command,
scene safety and investigation (including possible patient contact, hazard
control .
Billed at $466 plus $58 per hour, per rescue person.
Level 2
Intermediate Response: Includes Level 1 services as well as clean up and
material used (sorbents), minor hazardous clean up and disposal and clean
up small amounts of gasoline or other fluids that are spilled as a result of the
incident.
Billed at $932 plus $58 per hour, per rescue person.
Level 3
Advanced Response: Includes Level 1 and Level 2 services as well as
D.A.R.T. activation, donning breathin apparatus and detection equipment.
Set up and removal of decon center, detection equipment, recove and
City of Anna, Texas Ordinance No. Page 4 of 8
identification of material. Disposal and environment clean up. Includes above
in addition to any disposal rates of material and contaminated equipment and
material used at scene.
Billed at $2,334 plus $58 per hour per rescue person, plus $117 per hour per
HAZMAT team member.
Level 4
Itemized Response: You have the option to bill each incident as an
independent event with custom mitigation rates for each incident using
itemized rates deemed usual, customary and reasonable (UCR). These
incidents will be billed, itemized, per trained rescue person, plus rescue
products used.
BACK COUNTRY OR SPECIAL RESCUE
Itemized Response: Each incident will be billed with custom mitigation rates
deemed usual, customary and reasonable (UCR). These incidents will be
billed, itemized per apparatus per hour, per trained rescue person per hour,
plus rescue products used.
Minimum billed $466 for the first response vehicle plus $58 per rescue
person. Additional rates of $466 per hour per response vehicle and $58 per
hour per rescue person.
CHIEF RESPONSE
This includes the set-up of Command and providing direction of the incident.
This could include operations, safety, and administration of the incident.
Billed at $290 per hour.
MISCELLANEOUS I ADDITIONAL TIME ON -SCENE
Engine billed at $466 per hour. Truck billed at $582 per hour.
Ambulance billed at $300 per hour.
Miscellaneous equipment billed at $341.
Fire Marshal on premises - $75.00 per hour (each, two hour minimum
Standby fire personnel - $195.00 per hour (each, three hour minimum
Standby ambulance personnel - $130.00 per hour (each, three hour
minimum
GAS LEAKS (Natural)
LEVEL 1
(Natural Gas Leak Outside Without Fire)
City of Anna, Texas Ordinance No. aw Page 5 of 8
Description: Minimal danger to life, property, and the environment, leak
typically for mechanical damage to a meter or pipe.
Actions: Evacuate immediate area, notify gas company, evaluate hazards
including exposures, environment, vehicular traffic etc. Conduct fence line
monitoring to determine control zones. Remove ignition sources from the
area, consider non- intervention strategy, if offensive tactics selected, ensure
proper PPE, respiratory protection, thermal protection, and tactics are
utilized.
Assignment-$466.00 per hour, per engine / $582.00 per hour, per truck
LEVEL 2
(Natural Gas Leak Outside with Fire)
Description: Moderate danger to life, property, and the environment, leak
typically caused from mechanical damage with nearby operating equipment
(car, backhoe, etc) causing a fire.
Actions: Evacuate immediate area, notify gas company, protect hazards from
fire damage, do not extinguish the fire unless directed to do so by the gas
company, consider water supply options.
Assignment- $748 per hour, per engine / $58 per hour, per rescue person.
LEVEL 3
(Natural Gas Leak inside Structure)
Description: Significant danger to life, property, and the environment, leak is
typically difficult to identify and locate.
Actions: Evacuate building and nearby structures, notify gas company,
position apparatus away from the structure, attempt to control gas where it
enters the building, ventilate the building (using intrinsically safe methods),
remove ignition sources from inside but shutting off power on the outside of
the structure.
Assignment- $932 per hour, per engine / $58 per hour, per rescue person.
RESPONSE FEES (False Alarms)
a) False Alarms and Nuisance Alarms Billing Fee. (Residential and Non-
Residential) (Article 6, Section 901.6 — City of Anna Adopted Fire Codel
City of Anna, Texas Ordinance No. R4- @Ml Page 6 of 8
1) Alarms activated during the first thirty (30) day period after the
initial installation of the system will not be counted as false alarms and are
free of charge.
2) The fee for the ninth (9th) through the twentieth (20th false
alarm call within any thirty (30) day period is $75.00 per call.
3) The fee for the twenty first (21st) through the thirtieth (30th)
false alarm call within any ninety (90) day period is $250.00 per call.
4) The fee for the thirty first (31 st) false alarm call and each false
alarm call beyond the thirty first (31 st) within a one hundred eighty (180) day
period is $500.00 per call.
Sec. A9.002 Actual costs; Increases
The mitigation rates listed in Sec. A9.001 are average "billing levels", and are lypical,
for the incident responses listed, however, when a claim is submitted, it will be
calculated and billed based on the actual services provided. Beginning on the first
of each new calendar vear, the then current fee shall be increased by the
Employment Cost Index or, Total Compensation, Not Seasonally Adjusted, Private
Industry for Professional, Scientific and Technical Services published by the Bureau
of Labor Statistics of the US Department of Labor for the twelve months ending the
Preceding year. All cost and fees charged under A9.000 are cumulative of and in
addition to all other cost, charges, fees, penalties and other expenses required
under other applicable laws or regulations.
Sec. A9.002 Reserved
Section 3. Savings, Repealing and Severability Clauses
It is hereby declared to be the intention of the City Council that the words, sentences,
paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are
severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of
this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by
the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words,
sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance,
since the same would have been enacted by the City Council without the incorporation in
this ordinance of any such unconstitutional, invalid or inapplicable words, sentences,
paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts
of ordinances in force when the provisions of this ordinance become effective that are
consistent and do not conflict with the terms and provisions of this ordinance are hereby
ratified to the extent of such consistency and lack of conflict, and all ordinances or parts
of ordinances in force when the provisions of this ordinance become effective that are
City of Anna, Texas Ordinance No. q Iq Page 7 of 8
inconsistent or in conflict with the terms and provisions contained in this ordinance are
hereby repealed only to the extent of any such conflict.
Section 4. Penalty
Any violation of any of the terms of this ordinance, whether denominated in this ordinance
as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such
violation shall be fined in an amount not to exceed the lesser of $2,000 or the highest
amount allowed by applicable law for each incidence of violation. Each day a violation
exists is considered a separate offense and will be punished separately.
Section 5. Publication of the Caption and Effective Date
This ordinance shall be effective upon its passage by the City Council and posting and/or
publication, if required by law, of its caption. The City Secretary is hereby authorized and
directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas this 27th day of July 2021.
ATTESTED: %k%k"IitIIJARPROVED:
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Carrie L. Land, City Secretary a at' Pike, Mayor
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