ORDINANCE 2015-03-02 AN ORDINANCE ESTABLISHING A HAZARDOUS MATERIAL RESPONSE FUND AND SCHEDULE OF CHARGES FOR SERVICES PROVIDED BY THE WARSAW-WAYNE FIRE TERRITORY WHEREAS,IC 36-8-12.2 authorizes a fire department to impose a charge on a person that is a responsible party with respect to a hazardous materials emergency; WHEREAS,the City of Warsaw,Indiana has established a fire territory pursuant to IC 36-8-2-3 and may,by ordinance,establish a Hazardous Materials Response Fund and impose such charges; NOW THEREFORE BE IT RESOLVED by the Common Council of the City of Warsaw,Kosciusko County,Indiana that; Section 1. HAZMAT Response Fund. (A) A hazardous materials response non-reverting fund is hereby established and shall be called the HAZMAT Response Fund. (B) Said fund shall be maintained by charges imposed on a person who is a responsible party with respect to a hazardous materials emergency as defined by IC 36-8-12.2 et seq. All payments of charges shall be receipted to the HAZMAT Response Fund. (C) Revenue collected for hazardous materials response and receipted to the HAZMAT Response Fund may be used only for the purchase of supplies and equipment used in providing hazardous materials emergency assistance; and payment to persons with whom the fire department contracts to provide services related to the hazardous materials emergency assistance provided by the fire territory. Section 2. Charges for services. Billing for services of the fire territory for hazardous materials response shall be based on the state fire marshal's annually published schedule of service charges for fire protection services. Section 3. Penalty. The responsible party is subject to a penalty for failure to pay the full amount of the charges for services within sixty (60) days after the issuance of the bill for services. The amount of the penalty is ten percent (10%) of the amount of the charge that remains unpaid on the due date. Section 4. Effective date. This ordinance shall become in full force and effect upon passage and appropriate advertisement by the Common Council of the City of Warsaw. Passed and adopted by the Common Council of the City of Warsaw, Indiana and approved this 6th day of April, 2015. AYE Nay M. Elaine Call Cindy Dobbins Jeff R. Grose (absent) Charles D. Smith Mike Klondaris William G. Frush Diane L. Quance Attest: Lynne Christiansen, Clerk-Treasurer (absent) Joseph M. Thallemer, Mayor, Presiding Officer of the Common Council of the City of Warsaw 4-9 hspaxlp
