Ordinance 2015-24 ORDINANCE NO.2015-24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, AMENDING CHAPTER 46 (FIRE PREVENTION AND
PROTECTION) OF THE CODE OF ORDINANCES, ORDINANCE NO.
2005-07, TO ADD ARTICLE V (PUBLIC SAFETY AND FIRE
EMERGENCY RESPONSE COST RECOVERY), AUTHORIZING THE
IMPOSITION OF FEES TO RECOVER COSTS ACTUALLY INCURRED
IN RESPONDING TO CERTAIN PUBLIC SAFETY AND FIRE
EMERGENCY INCIDENTS; DESCRIBING COST RECOVERY
PROCEDURES; PROVIDING FOR CIVIL AND CRIMINAL REMEDIES
AND A RIGHT TO APPEAL; PROVIDING A PENALTY CLAUSE,
SAVINGS/REPEALING CLAUSE, SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF
THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has
investigated and determined that the increasing costs of conducting adequate emergency rescue
operations and providing fire protection services in the City of Wylie, Texas ("Cily"), including
services required to respond to extraordinary and dangerous occurrences, impairs the City's
ability to provide all necessary emergency services; and
WHEREAS, the City Council finds that it would be advantageous and beneficial to the
City and its citizens to authorize the recovery of costs actually incurred by the City in responding
to public safety and fire emergency incidents to better protect the public health, safety and
welfare and to protect and preserve public funds and tax dollars; and
WHEREAS, the City Council desires to assess fees that compensate the City for its costs
in providing such services; and
WHEREAS, the City Council finds that the fees established herein are levied solely for
the purpose of providing funds to help defray the costs of the services and equipment for which
the fees are assessed.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to the Code of Ordinances, Chapter 46 (Fire Prevention and
Protection) to Add Article V (Public Safety and Fire Emergency Response Cost Recovery).
Chapter 46 (Fire Prevention and Protection) of the City's Code of Ordinances, Ordinance No.
2005-07, is hereby amended to add Article V (Public Safety and Fire Emergency Response Cost
Recovery) as set forth below:
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"ARTICLE V. PUBLIC SAFETY AND FIRE EMERGENCY
RESPONSE COST RECOVERY
Sec. 46-66. Purpose. This article authorizes the imposition of fees to recover
costs actually incurred by the City in responding to certain public safety or fire
emergency incidents to protect the City from extraordinary expenses resulting from the
use of City resources in response to such incidents.
Sec. 46-67. Definitions. Unless the context specifically indicates otherwise, the
meaning of the terms used in this article shall be as follows:
Assessable costs mean those costs for services incurred by the City in connection
with a response to a public safety or fire emergency incident, including, but not limited
to, the actual labor and material costs of the City(including, without limitation, employee
wages, fringe benefits, administrative overhead, costs of equipment, costs of equipment
operation, costs of materials, costs of transportation, costs of material disposal and costs
of contracted labor) whether or not the services are provided by the City or by a third
party on behalf of the City; service charges and interest; attorneys' fees, litigation costs
and any costs, charges, fines or penalties to the City imposed by any court or state or
federal governmental entities.
Bomb threats mean the verbal or written threat of a bomb or other explosive
device which if discharged as threatened would violate a federal, state or local law.
Emergency assistance means emergency medical, public safety, police, fire or
civil defense services.
Excessive requests for emergency assistance means any request for emergency
assistance made to a particular location or premises if such location or premises has
requested emergency assistance more than five(5)times in the preceding thirty(30) days.
False alarm means any automated or manual device designed to request or
summon emergency assistance which is activated intentionally or otherwise in the
absence of an actual need for emergency assistance. The determination that there was no
actual need for emergency assistance shall be made by the most senior person responding
to a false alarm; provided, however, that a false alarm shall not be deemed to have
occurred if(i) caused by an act of God, i.e., a lightning storm, (ii) it originates from a
motor vehicle alarm system, or (iii) has not occurred more frequently than three (3)times
in a calendar month or four(4)times in a calendar year.
Hazardous materials mean those elements, substances, wastes or by-products,
including, but not limited to, combustible liquid, flammable gas, explosives, flammables,
poisons, organic peroxides, oxidizers, pyrophorics, unstable reactive matter, water
reactive matter, petroleum products, anti-freeze, polychlorinated biphenyls and asbestos,
which are or are potentially harmful to the environment or human or animal life, or which
pose an unreasonable or imminent risk to life, health or safety of persons or property, or
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to the environment as determined by the fire chief or the senior fire official of the City in
charge at the scene.
Hazardous material incident or emergency means any occurrence, incident,
activity, accident or emergency where a release of hazardous materials occurs or is
reasonably imminent and where the fire chief or his or her designee has so declared such
activity, accident or emergency a hazardous material incident or emergency.
Illegal fire means a fire set or determined to have been set in violation of a
federal, state or local law and shall include an arson fire and a fire set in violation of a
"no burning" ban or order. An illegal fire does not include an unintentional fire or fire
caused by an act of God, i.e., a lightning storm.
Lake incident or emergency means any occurrence, incident, activity, accident or
emergency occurring in or around a lake or other body of water where emergency
assistance is requested or required, including, but not limited to,the stranding of a boat or
other water craft or any incident requiring the recovery of property or an individual from
beneath the surface of water.
Motor vehicle means any self-propelled or towed vehicle designed or used on the
public streets, roads and highways to transport passengers or property which is required
to be registered for use upon such public streets, roads and highways and for the purposes
hereof all trailers or appurtenances attached to any motor vehicle.
Public safety or fire emergency incident means (i) excessive requests for
emergency assistance, (ii) a false alarm, (iii) a hazardous material incident or emergency,
(iv) an illegal fire, (v) bomb threats, (vi) threats of harm to oneself or others, (vii) a
structure demolition, (viii) a utility line failure, or(ix)a lake incident or emergency.
Release means any actual or threatened spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, leaching, dumping or disposing into the
environment, including, but not limited to,the air, soil, groundwater and surface water.
Responsible party means any individual, firm, corporation, association,
partnership, commercial entity, consortium,joint venture, government entity or any other
legal entity responsible for a public safety or fire emergency incident or any owner,
tenant, occupant or party in control of real and personal property from which, onto which
or related to which there is a public safety or fire emergency incident and their heirs,
estates, successors and assigns.
Structure demolition means the tearing down of a structure damaged by fire which
must in the opinion of the fire chief or his or her designee be promptly demolished
following the fire to protect public safety.
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Threats of harm to oneself or others mean the verbal or written threat of physical
harm to oneself or another or another's property which if carried out would be a violation
of federal, state or local law.
Utility line failure means the disabling of any transmission or service line, cable,
conduit, pipeline, wire or the like used to provide, collect or transport electricity, natural
gas, communication or electronic signals (including, but not limited to, telephone,
computer, cable television and stereo signals or electronic impulses), water or sanitary or
storm sewage if the owner or party responsible for the maintenance of such utility line
does not respond within one (1)hour to a request to repair or correct such failure.
Sec. 46-68. Cost recovery authorization and procedure.
(a) The City may recover all assessable costs in connection with a public safety or
fire emergency incident from any or all responsible parties,jointly or severally.
(b) The city manager or his or her designee shall determine the total assessable costs
and shall in consultation with other city personnel involved in responding to the
public safety or fire emergency incident determine whether to assess any, all or
part of such costs against any of the responsible parties. In making such
determination,the following shall be considered:
(1) the total assessable costs;
(2) the fees set forth in the cost recovery fee schedule established and
maintained pursuant to section 46-69 below;
(3) the risk the public safety or fire emergency incident imposed on the City,
its residents and their property;
(4) whether there was any injury or damage to person or property;
(5) whether the public safety or fire emergency incident required evacuation;
(6) the extent the public safety or fire emergency incident required an unusual
or extraordinary use of city personnel and equipment, and
(7) whether there was any damage to the environment.
(c) After consideration of the factors in subsection (b) immediately above, the city
manager or his or her designee may allocate assessable costs among and between
responsible parties, including allocating all or some of such costs jointly and
severally against more than one responsible party, regardless of whether a
responsible party has other legal liability therefor or is legally at fault.
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(d) If the city manager or his or her designee determines not to assess all or a part of
assessable costs against a responsible party, such determination shall not in any
way limit or extinguish the liability of the responsible party to other parties.
Sec. 46-69. Cost Recovery Fee Schedule. The fire chief or his or her designee
is authorized and directed to establish and maintain a cost recovery fee schedule
reflecting the reasonable costs of responding to a public safety or fire emergency
incident, and the fees stated therein shall not exceed the City's actual cost in responding
to a public safety or fire emergency incident. A copy of the cost recovery fee schedule
shall at all times be maintained on file with the fire department and published on the
City's website and shall have the same legal effect as if adopted by ordinance of the City
Council.
Sec. 46-70. Billing and collection of assessable costs. After determining to
assess assessable costs against a responsible party, the city manager or his or her designee
shall mail an itemized invoice to the responsible party at its last known address or to the
responsible party's insurer at the insurer's address if provided. Such invoice shall be due
and payable within thirty (30) days of the date of mailing and any amounts unpaid after
such date shall bear a late payment fee equal to one percent (1%) per month or fraction
thereof that the amount due and any previously imposed late payment fee remains unpaid.
If a responsible party shall appeal assessable costs pursuant to section 46-71, such costs,
if upheld, in whole or in part, shall be due and payable thirty (30) days from the date of
determination of the appeal and any late payment fees shall apply thereafter.
Sec. 46-71. Procedure for appealing assessable costs. Any responsible party
who receives an invoice for assessable costs shall have an opportunity to meet with the
city manager or his or her designee to request a modification of assessable costs. The
responsible party shall request in writing such meeting within seven (7) calendar days of
the date of the invoice assessing the assessable costs. If after meeting with the city
manager or his or her designee the responsible party is still not satisfied, he or she may
request an opportunity to appear before the City Council to further request a modification
of assessable costs. A responsible party who desires to appear before the City Council
must first meet with the city manager or his or her designee as provided above and shall
file a written request to appear before the City Council with the city secretary within
seven (7) calendar days of the date of the meeting with the city manager. Upon receipt of
such request, the city secretary will place the responsible party on the agenda of the next
regularly scheduled City Council meeting, which meeting is at least fourteen (14)
calendar days after the date on which the responsible party files the request to appear.
Any filed request to appear shall specifically identify and explain all reasons why the
responsible party believes the assessed costs should be modified. Any reason, basis or
argument for modification of assessable costs not set forth in the request to appear shall
be deemed waived by the responsible party. Failure to timely file a written request to
appear shall constitute a waiver of the responsible party's right to appear before the City
Council and shall further constitute the responsible party's agreement to pay the
assessable costs invoiced. After a responsible party has been given an opportunity to
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appear before it, the City Council shall promptly determine whether to confirm, modify
or void the payment of assessable costs invoiced.
Sec. 46-72. Other remedies. In addition to the remedy set forth in section 46-70
above, the City shall be entitled to pursue any other remedy or may institute any
appropriate action or proceeding in a court of competent jurisdiction as permitted by law
to collect assessable costs from a responsible party.
Sec. 46-73. No limitation of liability. The recovery of assessable costs pursuant
this article does not limit the liability of a responsible parry under applicable local, state
or federal law.
Secs.46-74—46-89. Reserved."
SECTION 3: Penal . Any person, firm, corporation or entity violating or refusing to
comply with any provision of this Ordinance, as it exists or may be amended, shall be deemed
guilty of a misdemeanor, and upon conviction thereof, shall be fined in an amount not exceeding
five hundred and no/100s dollars ($500.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense. The penal provisions imposed under this
Ordinance shall not preclude the City from filing suit to enjoin the violation. The City retains all
legal rights and remedies available to it under local, state and federal law.
SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full
force and effect. The City hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof, regardless of whether any one or more sections,
subsections, sentences, clauses or phrases is declared unconstitutional and/or invalid.
SECTION 5: Savings/Repealing. All provisions of any ordinance in conflict with this
Ordinance are hereby repealed to the extent they are in conflict, but such repeal shall not abate
any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a
prosecution from being commenced for any violation if occurring prior to the repeal of the
ordinance. Any remaining portions of such ordinances shall remain in full force and effect.
SECTION 6: Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by law and the City Charter.
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DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS on this 14th day of July, 2015.
Eric Hogue, Mayo
ATTEST:
OF I �
Carole Ehrlich (Tity Secretary
oL `
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DATE OF PUBLICATION: July 22"d , 2015, in the WyjpN-vpCFE RAILW4,,
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Ordinance No.2015-24
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media
the dfatitiev,bt(le une' • \turphr Monitor • The Princeton Herald • ;r:•co, 1, Ncr:`; • THE WYLIE YEWS
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of C & S Media, dba The Wylie News, a newspaper regularly published in
Collin County, Texas and having general circulation in Collin County, Texas, who being
by me duly sworn, deposed and says that the foregoing attached:
City of Wylie
Ordinance No. 2015-24
was published in said newspaper on the following dates, to -wit:
July 22, 2015
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the day o
to certify which witness my hand and seal of office.
, 2015
444
Notary Public i ��
The State of Texas
My commission expires -21/6
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July 22-23, 2015 3C
Ordinance I
No. 2015-24
An Ordinance of the
City Council of the
city of Wylie, Texas,
amending Chapter 46
(fire prevention and
protection) of the Code
of Ordinances, Ordi-
nance no. 2005-07, to
add article v (public
the imposition of fees
to recover costs actually
incurred in responding
to certain public safety
and fire emergency in-
cidents; describing cost
recovery procedures;
providing for civil and
criminal remedies
and a right to appeal;
providing a penalty
clause, savings/repeal-
ing clause, severability
clause and an effective
date; and providing for
the publication of the
caption hereof.
11-1t-37-339