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HomeMy WebLinkAbout2016-10PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 10 Series of 2016, on the Town of Vail's web site, www.vailgov.com, on the 18th day of May, 2016. Witness my hand and seal this 18t" day of May, 2016. Tammy Nagel Deputy Clerk ORDINANCE NO. 10 SERIES 2016 AN ORDINANCE AMENDING CHAPTER 7 OF TITLE 5 OF THE VAIL TOWN CODE CONCERNING COSTS ASSOCIATED WITH THE TOWN'S PROVISION OF FIRE PROTECTION SERVICES TO PROPERTIES LOCATED OUTSIDE TOWN BOUNDARIES WHEREAS, the Town's Fire Department provides fire protection services to properties located outside its municipal boundaries; and WHEREAS, the Town desires to clarify the responsibility for the costs associated with the provision of fire protection services to properties outside its municipal boundaries. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 5-7-1 of the Vail Town Code hereby is amended to read as follows: 5-7-1: PURPOSE: The Town Council finds and determines that it would be of benefit to the Town as well as to the areas outside the Town of Vail boundary to continue providing fire protection services to these areas under the conditions set forth in this Chapter, because provision of such services would protect property located outside the Town and would also help prevent the spread of any fire into the Town itself. Section 2. Section 5-7-2 of the Vail Town Code is hereby amended to read as follows: 5-7-2: SERVICES OUTSIDE TOWN BOUNDARIES; FEES: A. Response: The Town Fire Department may respond to requests for fire protection services out of the Town's boundaries. Because the Town operates the dispatch for emergency and fire services for Eagle County, the Eagle County Sheriff is not required to request that the Town respond to fires outside the Town's boundaries. Ordinance No. 10, Series of 2016 B. Alternative Fees: As an alternative to the fee schedule set forth in subsection C below, the Town may enter into contracts with property owners, homeowners' associations or tenants for the provision of fire protection services outside the Town's boundaries. When such a service contract is in place, the fees for fire protection services shall be as stated in such service contract, and no additional fees or costs shall be charged for a response to a request for fire protection services. C. Fees: The fees for provision of fire protection services outside Town boundaries without a service contract shall be as currently adopted by the Town Council and shall be set forth on the schedule of fees maintained in the Fire Department. D. Liability: If a property is not subject to a service contract for fire protection services as described in subsection B hereof, and the Town Fire Department responds to a request, the Town may seek reimbursement from the property owner(s) and/or any party benefited by such fire protection services, as determined by the Fire Chief in his or her sole discretion, for the actual costs incurred by the Town in the provision of such fire protection services. The party benefiting from the fire protection services and the property owner(s) shall be jointly and severally liable for such costs. Any such costs, if unpaid, may be certified to the Eagle County Treasurer as a first and prior lien on any associated real property. Section 3. If any part, section, subsection, sentence, clause, or phrase of this ordinance for any reason is held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares that it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of any one or more parts, sections, subsections, sentences, clauses, or phrases being declared invalid. Section 4. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town and the inhabitants thereof. Section 5. The amendment of any provision of the Vail Town Code, as provided in this ordinance, shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repeal Ordinance No. 10, Series of 2016 shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 10t" day of April, 2016 and a public hearing for second reading of this Ordinance is set for the 17t" day of May, 2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 10, Series of 2016 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 10 Series of 2016, on the Town of Vail's web site, www.vailgov.com, on the 18th day of May, 2016. Witness my hand and seal this 18t" day of May, 2016. Tammy Nagel Deputy Clerk ORDINANCE NO. 10 SERIES 2016 AN ORDINANCE AMENDING CHAPTER 7 OF TITLE 5 OF THE VAIL TOWN CODE CONCERNING COSTS ASSOCIATED WITH THE TOWN'S PROVISION OF FIRE PROTECTION SERVICES TO PROPERTIES LOCATED OUTSIDE TOWN BOUNDARIES WHEREAS, the Town's Fire Department provides fire protection services to properties located outside its municipal boundaries; and WHEREAS, the Town desires to clarify the responsibility for the costs associated with the provision of fire protection services to properties outside its municipal boundaries. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 5-7-1 of the Vail Town Code hereby is amended to read as follows: 5-7-1: PURPOSE: The Town Council finds and determines that it would be of benefit to the Town as well as to the areas outside the Town of Vail boundary to continue providing fire protection services to these areas under the conditions set forth in this Chapter, because provision of such services would protect property located outside the Town and would also help prevent the spread of any fire into the Town itself. Section 2. Section 5-7-2 of the Vail Town Code is hereby amended to read as follows: 5-7-2: SERVICES OUTSIDE TOWN BOUNDARIES; FEES: A. Response: The Town Fire Department may respond to requests for fire protection services out of the Town's boundaries. Because the Town operates the dispatch for emergency and fire services for Eagle County, the Eagle County Sheriff is not required to request that the Town respond to fires outside the Town's boundaries. Ordinance No. 10, Series of 2016 B. Alternative Fees: As an alternative to the fee schedule set forth in subsection C below, the Town may enter into contracts with property owners, homeowners' associations or tenants for the provision of fire protection services outside the Town's boundaries. When such a service contract is in place, the fees for fire protection services shall be as stated in such service contract, and no additional fees or costs shall be charged for a response to a request for fire protection services. C. Fees: The fees for provision of fire protection services outside Town boundaries without a service contract shall be as currently adopted by the Town Council and shall be set forth on the schedule of fees maintained in the Fire Department. D. Liability: If a property is not subject to a service contract for fire protection services as described in subsection B hereof, and the Town Fire Department responds to a request, the Town may seek reimbursement from the property owner(s) and/or any party benefited by such fire protection services, as determined by the Fire Chief in his or her sole discretion, for the actual costs incurred by the Town in the provision of such fire protection services. The party benefiting from the fire protection services and the property owner(s) shall be jointly and severally liable for such costs. Any such costs, if unpaid, may be certified to the Eagle County Treasurer as a first and prior lien on any associated real property. Section 3. If any part, section, subsection, sentence, clause, or phrase of this ordinance for any reason is held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares that it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of any one or more parts, sections, subsections, sentences, clauses, or phrases being declared invalid. Section 4. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town and the inhabitants thereof. Section 5. The amendment of any provision of the Vail Town Code, as provided in this ordinance, shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repeal Ordinance No. 10, Series of 2016 shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 10t" day of April, 2016 and a public hearing for second reading of this Ordinance is set for the 17t" day of May, 2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 10, Series of 2016