CITY OF CRYSTAL FALLS

ORDINANCE NO.1.11

AN ORDINANCE TO ESTABLISH CHARGES FOR CRYSTAL FALLS FIRE AUTHORITY SERVICES AND TO PROVIDE METHODS FOR THE COLLECTION OF SUCH CHARGES AND EXEMPTIONS THERE FROM.

THE CITY OF CRYSTAL FALLS, IRON COUNTY, MICHIGAN ORDAINS:

The within ordinance is adopted for the purpose of providing financial assistance to the City in the operation of the Crystal Falls Fire Authority fire department from those receiving direct benefits from the fire protection service; to provide for full funding of the Crystal Falls Fire Authority fire department operation which remains, in part, an at-large governmental expense based upon the general benefits derived by all property owners within the city from the existence of the Crystal Falls Fire Authority fire department and its availability to extinguish fires within the city and perform other emergency services.

The following minimum charges shall hereafter be due and payable to the Crystal Falls Fire Authority on behalf of the city from a recipient of any of the following enumerated services from the Crystal Falls Fire Authority fire department:

Grass Fire $200.00

Rubbish Fire $200.00

Automobile Fire $250.00

House Fire $300.00

Fire in a commercial establishment $400.00

Fire in an industrial or manufacturing establishment $400.00

Fire in a multiple-family building $300.00

Hotel or motel Fire $400.00

Aircraft Fire $400.00

Train Fire $300.00

Truck Fire $300.00

Forest Fire $250.00

Emergency rescue service $300.00

Other services not specifically enumerated $250.00

The foregoing minimum charges may be modified by resolution of the City Council, provided such resolution becomes effective not less than ten (10) days after such resolution is adopted.

All the foregoing charges shall be due and payable within 30 days from the date the service is rendered and in default of payment shall be collectible through proceedings in a court of competent jurisdiction as a matured debt.

All the following properties and services shall be exempt form the foregoing charges:

False alarms.

Fires caused by railroad trains which are the specific statutory responsibility of railroad companies.

Fire involving City buildings, grounds and/or property.

Fire service performed outside the jurisdiction of the city under a mutual aid contract with an adjoining municipality.

The Crystal Falls Fire Authority on behalf of the city may proceed in court by civil suit to collect any monies remaining unpaid, may obtain recovery of all costs incurred in such proceedings, including, but not limited to, actual attorney fees incurred by the Crystal Falls Fire Authority on behalf of the city, together with all other remedies provided for by law for the collection of said charges.

In the event the Crystal Falls Fire Authority fire department determines on behalf the city, that any charges set by this ordinance are not to be collected, then the Crystal Falls Fire Authority shall annually provide a report to the city listing the charges that were charged off as not to be collected as provided by this ordinance.

All funds collected under this ordinance by the Crystal Falls Fire Authority fire department on behalf the city, shall be deposited into the operating fund of the Crystal Falls Fire Authority, and annually budgeted as general income for the overall operation of the Crystal Falls Fire Authority without respect that such funds may have been derived from providing services within the city.

The foregoing rates and charges shall not be exclusive of the charges that may be charged by the city for the costs and expenses of maintaining the Crystal Falls Fire Authority fire department, but shall only be supplemental thereto. Charges may additionally be collected by the city through general taxation or by a special assessment established under the Michigan statutes pertinent thereto. General fund appropriations may also be made to cover such additional costs and expenses.

When a particular service rendered by the Crystal Falls Fire Authority fire department directly benefits more than one person or property, the owner of each property so benefited and each person so benefited where the property protection is not involved shall be liable for the payment of the full charge for such service hereinbefore outlined. The interpretation and application of the within section is hereby delegated to the Crystal Falls Fire Authority fire chief subject only to appeal, within the time limits for payment, to the City Council and shall be administered so that charges shall only be collected from the recipients of the service.

Should any provision or part of this ordinance be declared by a court of competent jurisdiction to be invalid or unenforceable, the same shall not affect the validity or enforceability of the balance of this ordinance which shall remain in full force and effect.

This ordinance shall take effect on the later of June 7, 2006, or the date the Township of Crystal Falls adopts a substantially similar ordinance. All ordinances or parts of ordinances in conflict herewith are hereby repealed.

Introduced: April 10, 2006
Approved: May 8, 2006
Published: May 24, 2006
Effective: June 12, 2006