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GlenLakeElectric.com CITY OF FRANKFORT, MICHIGAN Ordinance # D-2 of 2020 At a special meeting of the Frank- fort City Council held on August 3, 2020, the City Council adopted this Ordinance No. D-2 of 2020 in ac- cordance with Section 5.2 of the City Charter and Section 1203 of the 1999 Revised Frankfort Municip- al Code as set forth below: Preamble The City Council for the City of Frankfort has determined that re- sponse activity to incidents requir- ing emergency and non-emergency services has been increasing for several years, while certain state and federal requirements and regu- lations involving equipment and training have created additional de- mands on all operational aspects of the local fire departmentʼs services. It is further determined that main- taining an effective response capab- ility decreases the costs of incid- ents to insurance carriers, busi- nesses, and individuals through timely and effective management of emergency situations, saving lives, and reducing property and environ- mental damage. It is further determ- ined that, rather than raising real property tax to meet this increase in service demands, the City instead desires to implement a fair and equitable procedure by which to mit- igate these rising expenses by es- tablishing a billing system in accord- ance with applicable laws, regula- tions and guidelines. It is further de- termined that the City is em- powered by MCL 41.806a to adopt ordinances for the collection of fees for emergency services, and by the Home Rule City Act (MCL 117.1 et seq.) and the Charter of the City of Frankfort (Section 4.10.C) to adopt ordinances regulating the public health, safety, and general welfare of persons and property, and to provide penalties for the violation of such ordinances. Therefore, the City Council for the City of Frankfort hereby establishes and implements the following ordinance to establish mitigation rates and to authorize the City to impose charges to recover the reasonable and actual costs the City of Frankfort and/or the Fire De- partment incurs in responding to calls for the deployment of emer- gency and certain non-emergency services: An ordinance to amend Ordinance D, the 1999 Revised Frankfort Muni- cipal Code, by adding new Sections to Chapter 5, Article 2. Fires and Fire Prevention, which new Sec- tions shall be designated as Sec- tion 5209 of Article 2 of Chapter 5 of said Code. THE CITY OF FRANKFORT OR- DAINS: Section 5209. Fire Department and Emergency Services Cost Recovery. 5209.1 The City of Frankfort shall evaluate the actual costs incurred in making and responding to calls for emergency and non-emergency ser- vices, as well as related costs in- CITY OF FRANKFORT, MICHIGAN curred to enable the provision of the Ordinance # D-2 of 2020 appropriate personnel, supplies and equipment to the scene of emer- At a special meeting of the Frank- gency and non-emergency incid- fort City Council held on August 3, ents. The City Superintendent and 2020, the City Council adopted this Fire Chief shall determine a reason- Ordinance No. D-2 of 2020 in ac- able, set cost for such response ser- cordance with Section 5.2 of the vices that shall be set forth in a “Mit- City Charter and Section 1203 of igation Rate” document to be made the 1999 Revised Frankfort Municip- available on the Cityʼs website and al Code as set forth below: at City Hall. The Mitigation Rates shall be based on the actual costs Preamble of the services provided and those The City Council for the City of which are usual, customary and Frankfort has determined that re- reasonable (UCR), which may in- sponse activity to incidents requir- clude any services, personnel, sup- ing emergency and non-emergency plies, and equipment. services has been increasing for several years, while certain state 5209.2 Billing Procedures. and federal requirements and regu- a. At the conclusion of an emer- lations involving equipment and gency response or public safety or training have created additional de- fire emergency incident, the Fire mands on all operational aspects of Chief may submit a detailed listing the local fire departmentʼs services. of all known expenses to the City It is further determined that main- Superintendent related to the Emer- taining an effective response capab- gency Response to the incident at ility decreases the costs of incid- issue. The City Superintendent shall ents to insurance carriers, busi- then arrange for the preparation and nesses, and individuals through mailing of an invoice to the liable timely and effective management of person, requesting payment thereof emergency situations, saving lives, within thirty (30) days of the mailing and reducing property and environ- of said invoice. mental damage. It is further determ- ined that, rather than raising real b. Any additional expenses related property tax to meet this increase in to the emergency response or pub- service demands, the City instead lic safety incident which become desires to implement a fair and known to the Fire Department equitable procedure by which to mit- and/or the City after the City Super- igate these rising expenses by es- intendent transmits the invoice to tablishing a billing system in accord- the responsible person shall be ance with applicable laws, regula- billed in the same manner on a sub- tions and guidelines. It is further de- sequent invoice sent to the respons- termined that the City is em- ible person. powered by MCL 41.806a to adopt ordinances for the collection of fees 5209.3 The City may submit an in- for emergency services, and by the voice for such costs directly to the Home Rule City Act (MCL 117.1 et responsible party(ies), or may file seq.) and the Charter of the City of same through the insurance carrier Frankfort (Section 4.10.C) to adopt of the responsible party(ies). ordinances regulating the public health, safety, and general welfare a. Any person who receives an in- of persons and property, and to voice for costs assessed under this provide penalties for the violation of Ordinance has the opportunity to such ordinances. Therefore, the City appear before the City Council to re- Council for the City of Frankfort quest a modification of the as- hereby establishes and implements sessed costs by: the following ordinance to establish mitigation rates and to authorize the 1. Filing a written request with the City to impose charges to recover City Clerk within fourteen (14) cal- the reasonable and actual costs the endar days of the date of the in- City of Frankfort and/or the Fire De- voice. partment incurs in responding to calls for the deployment of emer- 2. Including in that written request a gency and certain non-emergency statement of all the reasons the per- services: son who received the invoice be- lieves the costs assessed should be An ordinance to amend Ordinance modified. D, the 1999 Revised Frankfort Muni- cipal Code, by adding new Sections b. Upon receipt of a written request to Chapter 5, Article 2. Fires and as described in this Section 5209.2, Fire Prevention, which new Sec- the City Clerk must put the issue on tions shall be designated as Sec- the agenda for the City Councilʼs tion 5209 of Article 2 of Chapter 5 of next regularly scheduled meeting. said Code. c. A person who receives an in- THE CITY OF FRANKFORT OR- voice under this ordinance but who DAINS: fails to timely file a written request Section 5209. Fire Department under this Section waives their right and Emergency Services Cost to appear before the City Council Recovery. and the person must make pay- 5209.1 The City of Frankfort shall ment within the time frame spe- evaluate the actual costs incurred in cified on the invoice. making and responding to calls for emergency and non-emergency ser- d. At the City Council meeting, the vices, as well as related costs in- person whoAug.rece 12,ived 2020an invoice curred to enable the provision of the may address the City Council re- CITY OF FRANKFORT, MICHIGAN appropriate personnel, supplies and garding their written request, and Ordinance # D-2 of 2020 equipment to the scene of emer- must, within reason, conform their BenzieM CountyARKETPLACE Record Patriot Classified: (231)408-3531 • [email protected] and non-emergency incid- statements to those set forth in the At a special meeting of the Frank- ents. The City Superintendent and written request. Any City official with fort City Council held on August 3, Fire Chief shall determine a reason- knowledge of the issue may like- Deadlines: 2020, the City Council adopted this able, set cost for such response ser- wise address the City Council and Weekly ads Noon Friday Ordinance No. D-2 of 2020 in ac- vices that shall be set forth in a “Mit- comment on the invoice. After hear- Real Estate Noon Wednesday cordance with SectionFREE5.2 of the igat ioADS!n Rate” document to be made ing from all interested persons, the City Charter and Section 1203 of available on the Cityʼs website and City Council must review the in- Rates: the 1999 Revised Frankfort Municip- at City Hall.