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0861 I~/ ORDINANCE NO. 861 (#13-87) AN ORDINANCE AMENDING ORDINANCE NOS. 192 AND 559; AMENDING THE PROVISIONS REGARDING OUTSIDE THE CITY LIMITS EMERGENCY FIRE PROTECTION; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, it has become necessary to amend the provisions regarding outside city limits emergency fire protection because of the number of requests made for said services, the costs involved in providing said services, and to protect and provide for the health, welfare and emergency fire protection needs of the citizens of Jacksonville; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT: SECTION 1: Ordinance Nos. 192 and 559, specifically codified in the Jacksonville Municipal Code as Chapter 2.20.040 and 2.20.070, are hereby amended to reflect the following additions, amendments and deletions: A) Any business, corporation, firm, or individual located in North Pulaski County, Arkansas, that meets the following con- ditions, qualifications and standards may apply to the City of Jacksonville, Arkansas, through the Office of the Chief, Fire Department, for limited emergency fire-fighting protection for any real property in which said business, corporation, firm, or individual may have ap interest. In order to qualify for said services, the Applicant must meet the following conditions and standards: 1. Execution of an Agreement between Applicant or its authorized agent and the City of Jacksonville, Arkansas, for limited emergency fire-fighting services from the City to Applicant's property upon payment of an annual fee and any additional per use charges as they occur. Said Agreement shall further provide, but not be limited to, the following: a) the City will provide such limited service so as not to jeopardize any fire protection needs of the citizens of Jacksonville and at no time will City utilize more than fifty percent (50%) of its fire-fighting equipment for response to an outside city limits call; b) there will be no guarantee as to any results of fire- fighting efforts that any City department members may provide; and, c) Applicant will relinquish and release any claim against City for any damages that may occur as a result of fire-fighting services provided by City. 2. Applicant shall pay an annual fee to the City of Jacksonville of Two Hundred and 00/100 Dollars ($200.00) unless otherwise noted herein. In addition, Applicant/Owner shall pay additional amounts on a per occurrence basis with a charge of One Hundred Fifty and 00/100 Dollars ($150.00) per hour per piece of equipment per occurrence with a minimum of two (2) hours per occurrence. These fees shall be applied whether it is a false alarm or a real alarm and failure of Owner to pay said fee within thirty (30) days of notification shall give City the right to declare the Agreement null and void. 3. Applicant's property to which protection is to be given shall be within a ten (10) minute response time from one of the Jacksonville Fire Department stations. Response time for each property shall be determined by the Fire Chief of the City of Jacksonville or his authorized agent prior to execution of the Agreement. No property outside the previously stated response period will be accepted without. approval by the Jacksonville City Council. /J1.. 4. Applicant shall make available the property in question to the Fire Chief or his duly authorized agent(s) upon request for inspection purposes. Said premises shall be inspected to determine that it complies with all provisions of the Arkansas Fire Protec- tion Code. If said property fails to comply with all applicable provisions, City will not provide services to Applicant until such time as the property is in compliance with all applicable provi- sions. 5. Applicant shall provide proof of current membership in the volunteer fire district which services the zone in which Applicant's property lies. If Applicant allows its membership to said volunteer district to lapse, the Agreement with City shall be declared null and void. 6. No application will be accepted that coordinates or groups a parcel or parcels of property unless such application is approved by the Jacksonville City Council. SECTION 2: All other Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 3: It is hereby ascertained and declared that an emergency exists and this Ordinance, being necessary for the imme- diate preservation of the public peace, health, and safety, shall take effect and be in force from and after its passage. APPROVED AND ADOPTED THIS 18th DAY OF JUNE 1987. CITY OF JACKSONVILLE, ARKANSAS ~ n. (' BY: (~.~ TOMMY s~ ~](YOR .. ATTEST: ~/~. 'LUL'AJi. " LEONARD ,'ttTY CLERK APPROVED AS TO FORM: 4~lW~ ~ KEI~AUGHAN;' EfT'Y- ATTORNEY -2-