HomeMy WebLinkAbout1996-OR-65ORDINANCE NO. 96-OR-_~'~
AN ORDINANCE ESTABLISHING FEES FOR THE COST OF
RESPONSE BY THE JEFFERSONVILLE-CLARKSVILLE
HAZARDOUS MATERIALS GROUP
WHEREAS, pursuant to I.C. 36-1-3 the City of Jeffersonville (hereinafter "the
City") has the authority to establish user fees for services as long as the fees are
reasonably related to the cost of the services provided; and
WHEREAS, the Jeffersonville Fire Department, in conjunction with the Clarksville
Fire Department, has formed a Hazardous Materials Response Group (hereinafter
"HazMat Group"); and
WHEREAS, the Common Council of the City of Jefrersonville (hereinafter "the
Council") believes that those entities that use the services of the HazMat Group to
respond to hazardous materials spills should bear the cost of each such incident;
NOW THEREFORE, BE IT HEREBY ORDAINED that the HazMat Group shall
charge those entities that use its services the following user fees:
A. For the initial response to a hazardous material incident by each
piece of firefighting apparatus or hazardous material vehicle, two hundred dollars
($200.00), and for each command/control vehicle one hundred dollars ($100.00), plus
B. For each hour or part thereof equipment is on the scene, one
hundred dollars ($100.00) for each firefighting or hazardous material vehicle, and fifty
dollars ($50.00) for each command/control vehicle, plus
C. For expendable materials, such as absorption materials,
emulsifiers, or other agents used in control operations the actual replacement cost of
those materials, plus
D. For any other materials, services, or equipment the on-scene
commander may deem necessary to mitigate the situation, the actual cost of
replacement.
NOW THEREFORE, IT IS HEREBY FURTHER ORDAINED that these HazMat
Group user fees shall be due and payable within 10 days of the incident giving rise to
the fee, and in the event the user fees are not paid when due, the HazMat Group shall
charge a delinquent payment fee equal to Eighteen Percent (18%) per annum of the
unpaid and outstanding HazMat Group user fee. In the event the user fee plus any
delinquent payment fee remains unpaid ninety (90) days after the incident, the City shall
acquire a security interest in any vehicles: 1 ) owned by the entity or entities that have
failed to pay the HazMat Group user fee, and 2) traveling upon City rights of way. The
City may take possession of the vehicles in which the City has acquired a security
interest at any time, and may dispose of said vehicles in a commercially-reasonable
manner. The net proceeds of any such disposition (after the costs of sale are first
deducted) shall first be applied to the outstanding HazMat user fee and delinquent
payment fee. Any additional proceeds shall next be applied to reimburse the City for
any reasonable costs it has incurred in its efforts to collect the unpaid HazMat user fees.
All remaining proceeds shall be returned to the owner of the vehicle(s).
NOW THEREFORE, IT IS HEREBY FURTHER ORDAINED that the HazMat
Group user fees collected shall be deposited into the HazMat Response Group Fund
maintained pursuant to the Interlocal Agreement creating the Haz-Mat Response
Group, entered into between the Jeffersonville Fire Department and the Clarksville Fire
Department on the 20th day of June, 1994.
EACH SECTION ADOPTED SEPARATELY. Each section of this ordinance is
adopted separately. In the event that any part or section of this ordinance is deemed to
be illegal or invalid only that part or section shall be repealed. The remaining parts or
section of the ordinance shall remain in effect.
This Ordinance shall be in full force and effect from and after its passage and
approval.
Passed this ~ day of ~ 1996,~ .~
T~'~mas R. Galli~lan ' ~/
Presiding Officer
ATTEST:
C. Richard Spencer, ~. v '
Clerk and Treasurer
Presented by me as Clerk and Treasurer to the Mayor of said City of
Jeffersonville this ~ day of ~, 1996.
C. Richard Spencer,
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1996.
Clerk and Treasurer
This Ordinance approved and signed by me this ~ day of ~,
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