O692 Mitigation Fees for the deployment of emergency servicesORDINANCE NO. 692
AN ORDINANCE AMENDING ARTICLE III "FIRE DEPARTMENT" OF
CHAPTER 6 "EMERGENCY MANAGEMENT AND SERVICES" OF THE
KENNEDALE CITY CODE TO AUTHORIZE AND ESTABLISH MITIGATION
FEES FOR THE DEPLOYMENT OF EMERGENCY SERVICES BY THE CITY
OF KENNEDALE FIRE DEPARTMENT; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING
A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas, (the "City") is a home rule city acting under its
charter adopted by the electorate pursuant to Article XI, Section 5, of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, the Kennedale Fire Department provides fire protection and emergency
services to the citizens of Kennedale, its extraterritorial jurisdiction and those surrounding areas
in which it has an interlocal agreement; and
WHEREAS, the City Council of the City of Kennedale, Texas, has determined that it is in
the best interests of the citizens of Kennedale and the surrounding areas that the Kennedale
Fire Department recoup its costs associated with providing fire protection and other emergency
services; and
WHEREAS, the emergency services response activity to incidents continues to increase
annually, and environmental protection, homeland security, and emergency services licensing
regulations involving equipment and training create additional demands on all operations
aspects of the Kennedale Fire Department's services; and
WHEREAS, the Kennedale Fire Department has investigated different methods to
maintain a high quality emergency service capability while experiencing constantly increasing
service demands, and while maintaining an effective emergency response by the Fire
Department that decreases the costs of incidents to insurance carriers through timely and
effective management of emergency situations, saving lives and reducing property and
environmental damage; and
WHEREAS, the City Council desires to implement a fair and equitable procedure to
collect said mitigation rates and establish a billing system in accordance with applicable laws,
regulations, and guidelines.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS, THAT:
SECTION 1.
That Article III "Fire Department" of Chapter 6 "Emergency Management and Services"
of the Kennedale City Code is hereby amended by adding new Sections 6-59 through 6-60 to
read as follows:
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0692 CITY OF KENNEDALE, TX 2020
"Sec. 6-59. - Mitigation fee authorized.
The City of Kennedale authorizes mitigation fees, based on actual cost, for the delivery of
emergency services by the fire department for personnel, supplies, services, and equipment to
the scene of motor vehicle and other emergency incidents. The mitigation fees may be filed to
the insurance carrier of the owner or occupant of a structure, vehicle, or property to which the
city fire department provides fire operation services or any person that causes the need for the
city fire department to respond and/or provide any fire operation service, representing an add -
on cost of the claim for damages of the vehicles, property, and/or injuries. Such mitigation fees
shall be charged according to the schedule set forth in Section 6-60.
Sec. 6-60. - Fire department mitigation fee schedule.
The fees set forth in this section shall be charged on a per hour basis.
(a) Motor vehicle accidents.
(1) Level 1 - $487.00. Provide hazardous materials assessment and scene
stabilization. (This will be the most common "billing level". This occurs
almost every time the Fire Department responds to an accident/incident.)
(2) Level 2 - $554.00. Includes level 1 services and clean up and material
used (sorbents) for hazardous fluid clean up and disposal. Level 2
charges are applicable when the Fire Department is required to clean up
any gasoline or other automotive fluids that are spilled as a result of the
accident/incident.
(3)
Level 3 - $677.00. Provide scene safety, fire suppression, breathing air,
rescue tools, hand tools, hose, tip use, foam, structure protection, and
clean up gasoline or other automotive fluids that are spilled as a result of
the accident/incident which results in a vehicle fire.
(4) Add -on services.
a. Extrication - $1,461.00. This charge will be added if the fire
department has to free/remove anyone from the vehicles) using
any equipment such as heavy rescue tools, ropes, airbags, or
cribbing. The City will not bill for Extraction if the fire department is
able to open the door to access the patient, even if the patient is
unconscious. This level is to be billed only if equipment is
deployed.
b. Creating a landing zone - $448.00. The City will bill this charge
any time a helicopter landing zone is created and/or is utilized to
transport the patient(s).
(5)
Additional time on -scene.
a. Engine - $448.00 per hour.
b. Truck - $560.00 per hour.
c. Miscellaneous equipment - $336 per hour.
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0692 CITY OF KENNEDALE, TX 2020
(b) Hazmat services.
(1) Level 1 - $784.00. Includes engine response, first responder assignment,
perimeter establishment, evacuations, set-up and command.
(2) Level 2 - $2,800.00. Includes engine response, first responder
assignment, hazmat certified team and appropriate equipment, perimeter
establishment, evacuations, set-up and command, Level A or B suit
donning, breathing air and detection equipment. Set-up and removal of
decontamination center.
(3)
Level 3 - $6,608.00. Includes engine response, first responder
assignment, hazmat certified team and appropriate equipment, perimeter
establishment, evacuations, first responder set-up and command, Level A
o r B suit donning, breathing air and detection equipment and robot
deployment. Set-up and removal of decon center, detection equipment,
recovery and identification of material. Disposal and environment clean
u p. Includes above in addition to any disposal rates of material and
contaminated equipment and material used at scene. Includes 3 hours of
o n scene time Each additional hour the HAZMAT team is on scene will
be billed at $336.00 per HAZMAT team on scene.
(4) Additional time on -scene for all service levels.
a. Engine - $448.00 per hour.
b. Truck - $560.00 per hour.
c. Miscellaneous Equipment - $336.00 per hour.
c) False alarm billing rates.
(1) The first and second false alarms within twelve (12) months in a calendar
year are free of charge.
(2) Three (3) or more false alarms in a twelve (12) month calendar year are
billed at $100.00 per event.
(d) Fire investigation team - $308.00 per hour. Includes: Scene safety; investigation;
source identification; identification equipment; mobile detection unit; fire report.
The claim begins when the Fire Investigator responds to the incident and is billed
for logged time only.
(e) Fires. Includes: Scene safety; investigation; fire hazard control. The City has the
option to bill each fire as an independent event with mitigation rates based on the
other charges authorized by this ordinance if such rates would result in a higher
amount.
(f)
(1) $448.00 per hour, per engine.
(2) $560.00 per hour, per truck.
Illegal fires. In cases of arson, or when a fire is started by any person or
persons that requires a fire department response during a time or season when
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0692 CITY OF KENNEDALE, TX 2020
fires are prohibited by local or state rules, provisions or ordinances because of
pollution or fire danger concerns, or when a fire would be permitted by permit but
the permit was not obtained, the person or persons responsible for igniting such
fire will be liable for the fire department response.
(1) $448.00 per hour, per engine.
(2) $560.00 per hour, per truck.
(g) Water incidents.
(1) Level 1 - $448.00 plus $56.00 per hour, per rescue person. Claim will
include engine response, first responder assignment, perimeter
establishment, evacuations, first responder set-up and command, scene
safety and investigation (including possible patient contact, hazard
control).
(2) Level 2 - $896.00 plus $56.00 per hour, per rescue person. Claim will
include engine response, first responder assignment, perimeter
establishment, evacuations, first responder set-up and command, scene
safety and investigation (including possible patient contact, hazard
control).
Level 3 - $2,240 plus $56.00 per hour, per rescue person, plus $112.00
per hour per HAZMAT team member. Includes Level 1 and Level 2
services as well as D A.R.T. activation, donning breathing apparatus and
detection equipment. Set up and removal of decon center, detection
equipment, recovery and identification of material. Disposal and
environment clean up. Includes above in addition to any disposal rates of
material and contaminated equipment and material used at scene.
(3)
(h) Back country or special rescue.
(1) Response vehicle - $448.00 per hour.
(2) Rescue person - $56.00 per hour, per rescue person.
(1)
Chief response - $280.00 per hour. This includes the set-up of command, and
providing direction of the incident. This could include operations, safety, and
administration of the incident.
(j) Miscellaneous time on -scene.
(1) Engine - $448.00.
(2) Truck - $560.00.
(3) Miscellaneous Equipment - $336.00."
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0692 CITY OF KENNEDALE, TX 2020
S ECTION 2.
That this ordinance shall be cumulative of all provisions of all existing ordinances of the
City of Kennedale, and shall not repeal any of the provisions of such ordinances except in those
instances where provisions of such ordinances are in direct conflict with the provisions of this
ordinance.
S ECTION 3.
That it is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase,
clause, sentence, paragraph or section.
S ECTION 4.
That this ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE,
TEXAS, THIS THE 21 st DAY OF APRIL, 2020.
APPROVED:
MAYOR BRIAN JOHNSON
ATTEST:
ti
CYTY SECRETARY LESLIE E. GALLOWAY.
APPROVED AS TO FORM AND LEGALITY: EFFECTIVE DATE:
r
CITY ATTORNEY DREW LARKIN
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0692 CITY OF KENNEDALE, TX 2020