HomeMy WebLinkAboutO-2011-3387 establishing fees for Fire Department responses to areas located within the Battleground and Bayport Industrial DistrictsC i -
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 38 "FIRE PREVENTION AND
PROTECTION" OF THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE BY ESTABLISHING SERVICE CALL FEES FOR DISPATCH OF LA
PORTE FIRE DEPARTMENT TO LOCATIONS IN THE BATTLEGROUND
AND BAYPORT INDUSTRIAL DISTRICTS, FOR NON-CIMA MEMBERS;
CONTAINING A REPEALING CLAUSE, CONTAINING A SEVERABILITY
CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETING LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Chapter 38 "Fire Prevention and Protection", Article II. "Fire Department", Division 1
"Generally" of the Code of Ordinances is hereby repealed in its entirety and shall hereafter read as
follows, to wit:
"Sec. 38-36 - Definitions
Station Response: Station response is defined as any La Porte Fire Department units
responding to minor fire calls such as small trash fires, vehicle fires, fire alarms, or any other
type of call as determined by La Porte Dispatch as a station call. Responding equipment to
include but not limited to fire engine with manpower and/or Supervisor vehicle.
General Alarm Response: General Alarm responses are defined as any La Porte Fire
Department units responding to emergency calls other than station calls to include but not limited
to structure fires, hazardous materials spills, large grass fires, or any type of call as determined by
La Porte Dispatch or fire officer as a general alarm call. Responding equipment to include but not
limited to multiple engines and or specialized equipment as deemed needed by the fire officer in
charge.
Sec. 38-37 - Fees for service calls in Industrial Districts
(a) The City of La Porte Fire Department is authorized to assess a fee for station response
and general alarm response service calls requiring dispatch to areas located in the Battleground
Industrial District and the Bayport Industrial District, within the city's extraterritorial jurisdiction.
However, if a property owner or entity located in the Battleground Industrial District or the Bayport
Industrial District requests a service call resulting in a station response or a general alarm response
as a member of CIMA, the obligations of said property owner or entity shall be governed by the
terms of the applicable LIMA contract with the city, in place of this article.
(b)Fees authorized herein shall be for services rendered, and shall be billed on a per hour
basis. In all cases requests for service involving either a station response or a general alarm
response shall be billed at a minimum increment of one hour.
(c)Service fees for a station response or a general alarm response shall be set in an amount
established by the La Porte City Council and as listed in Appendix A — Fees of this Code."
Section 2. Appendix A- Fees of the Code of Ordinances is hereby amended by adding the
following article to Chapter 38 "Fire Prevention and Protection", to wit:
"Article 11. Fire Department
Division 1. Generally
1) Station calls, fee per hour ............. $500
2) General alarms, fee per hour ........... $2000"
Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 3: Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
Section 5. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council is posted at
a place convenient to the public at the City Hall of the city for the time required by law preceding
this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to
the public as required by law at all times during which this ordinance and the subject matter
thereof has been discussed, considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 6. This Ordinance shall become effective on November 1, 2011
PASSED AND APPROVED, this 24"' day of October, 2011.
CIT`.
0
EST:
Patrice Fogarty, C Secreta
APPR ED:
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C ark T. Askins, Assistant City Attorney