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HomeMy WebLinkAbout2016-10 Amending Ch. 7 of Title 5 TOV Code concerning Costs Associated with the Town's Provision of Fire Protection Services to Properties Outside Town BoundariesORDINANCE 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: PRFA KARI E 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 knew R as email to continue providing fire protection services to these areas kRown as We6t Vail under the conditions set forth in this Chapter, because 0R that provision of such services would protect property located within the outside the Town and would also help prevent the spread of any fire ftem the We6t Vail aFea 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 FRES OUTSIDE TOWN BOUNDARIES; FEES LIMITS: A. Response : The Town Fire Department may respond to requests for fire protection services out of the Town's boundaries l+mits. 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. B. Alternative 8ptiGRal Fees: As an alternative eptieR 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 5/26/2016 M:IADMINISTRATIONIOUT OF DISTRICT BILLINGI2016 OUT OF DISTRICT CHANGESIFIRE PROTECTION-0052016.DOCX 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 Fees refeFFed to OR subseGtOGRs A and 13 above 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 8 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 shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. 2 5/26/2016 M:IADMINISTRATIONIOUT OF DISTRICT BILLING12016 OUT OF DISTRICT CHANGESIFIRE PROTECTION-O052016.DOCX a INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of May, 2016 and a public hearing for second reading of this Ordinance is set for the 7th da of June, 2016, in the Council Chambers of the Vail Municipal ding, Vai�ic�lg�rp. ATTE Patty M�-'9Kenny, Toywt READ ANO APPR©VE thisj+=day of ATTESTS-- ; A a; y'NO� SE AL qfCQaFFREADING AND ORDE ED PUBLISHED 2 ave Chap , Ma 1% 3 5/26/2016 M:IADMINISTRATIONIOUT OF DISTRICT BILLING12016 OUT OF DISTRICT CHANGESIFIRE PROTECTION-0052016.DOCX