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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, 2 1996. Clerk and Treasurer This Ordinance approved and signed by me this ~ day of ~, 3