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232173 J ' � �. � �jj Orietnal to WtY,Cldrk t . Z , F� ` '� � �� . � ORDINANCE � � �� - `� .�,32 ��13 �� # . ��r � �� ! � COUNCIL FILE NO ✓%� ' ' I E� 1 PRESENTED BY ORDINANCE NO � �� -� � NI = - �� - ,� f F ` � An ordinance providing for the making of con- � t, tracts with villages, other governmental sub- �� divisions, private corporations, and individ- d� � uals, for fire protection to be furnished by �� the Fire 3�epartment of the City of Saint Paul . �� outside the city limits, and establishing a � �� schedule of rates to be charged therefor. ' ` `� r� �� THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: � E3 � ;1 Section 1. AAplican�s Mav AAp1v for Fire Protection. When- � " '� ever any village, governmental subdivision, private corporation, : or individual located outside of the limits of the City of St. �; Paul desires �he City to furnish it or him with fire protection, - t � !� he or i� shall make written application therefor to the Fire De- �� partment of the City, specifyin$ the corporate area or the nature ,� and �extent of �he property for which such fire protection is to p� be furnished, and in the case of private corporations and individ- . :� �� uals, furnishing a legal description of the real estate upon which � � `� the building and personal property to be protected are located, � �� together in all cases with a statement of the total assessed val- ;E uation of said real es�ate and personal property or of property � °P included in said corporate area as shown in the records of the - ` County Auditor as of the date of application, said statements to � � ti be furnished annually thereafter. - :� , ' � s Section 2. :Contract Forms to Be Furnished. The Fire Depart- �� ment shall thereupon furMish the app icant wi h contract forms to �� be made ou� and executed by the applicant pursuant to proper au- �� thority by its village counci�., or other governing body, or in case - � � of corporations and individuals, by authorized persons, in accor- � � dance with the terms, conditions and limitations contained in this ordinance . Said contract form shall be prepared by the Corporation �_ Counsel in accordance with the provisions of Sections �F38.08 throug �� 38.1'0, Minnesota Statutes . �� _ � ,; . Section 3,c`' Sur�etq Bond . �` (a.).After proper execution of the contract and its approval by the � Corporation Counsel, it shall be delivered to the Fire Department �� r� of the City, together with a surety bond in such sum as �he Fire �` � Chief shall in his discretion, and subject to the �.pproval of the ': City Council, deem adequate, sa.id bond to be drawn and approved as � �o form by the Corporation Counsel. Said bond shall be executed' ' � pursuant to proper authority by or in behalf of applicant, and ,by � ` a responsible surety company authorized to do bus3.ne�ss in the Stat.e '� of Minnesota. The execution of said. bond shall be approved by the `' Corporation Counsel, and the surety shall be approved by the City,� _ , Council. � < < � � � . . .._ - - ' � � � ' � Yeas Councilmen - Nays Passed by the Council � Carlson ' •-' � Dalglish Tn Favor I, Holland t Meredith Against Peterson c Tedesco � � Mr. President (Byrne) '� Approved: � Attest: , � City Clerk Mayor � • �O � Form approved Corporation Counsel By��-�-� k i . ;. 1 sl,?: - :` T 1 � . t � , Orlginal to Clty Cle�c ' . ' � r � � • o � � � �� ORDINANCE , �� 2321�'73 � COUNCIL FILE NO. �i :' �. PRESENTED BY ORDINANCE NO �� — �I f - _ 2 _ C x (b) 'Fhe conditions of said bond sha11 be for the payment of all � charges which shall become due pursuant to the contract for fire - _ �. protection, for the reimbursement to the City of all damages to the equipment used in connection with the fire protection fur- nished to the applicant, and for indemnifying the City, its offi� " _ ` cers, agents and employees against all clai.ms for injury or damage �' ' to persons or property arising from the use of said equipment in g i furnishing fire protection to the applicant pursuant to the con- _ 'f tract, and for the full performance by the applicant of all the ; `, �� duties and obligations assumed under the contract. � E� . � F Section 4. Conditions of Contract. The contract to be pre��i ; pared by the Corporation Counsel shall contain the follo�ving terms ` and conditions, in addition to such other terms and conditions as - the Corporation Counsel with the approval of the City Council, �' i shall see fit to incorporate in said contract. . � ,� 5ection 5. Release City from Damage Claims. The applicant : �� releases the City, its officers, agents and employees, from all � claims for damages or loss resulting from failure to furnish or � i delay in furnishing men or apparatus, or from failure to prevent - '�E control or extinguish any conflagration, whether resulting from ` the negligence of the City, its officers, agents or employees, or � otherwise. The applicant will indemnify and sane harmless the Csty, G' kt `�its officers, agents and employees from all claims for injury, l��ss or damage to persons or property occurring in connection with per- � t formance of the services hereunder and arising out of and causedwi� - ,� by the negligent acts or omissions of applicant' s officers, agen rts - � or employees. . Section 6. Reimburse City for Damaged Equipment. The ap- ; plicant will reimburse the City for all loss and damage to said equip= ment while being used on the premises of� applicant in corinection1with�#� the furnishing of the fire protection provided for by the contract.- �j �1 � Section 7. Contract Term= Charges to Conform to Assessed � Valuation. The contract shall be for a continuous term, subjec� � however to cancellation by either party upon 30 days' written _ notice. The annual charges under said contract shall be adjusted � at the beginning of each year so that they will conform to the � � charges specified in Section 12 on the basis of assessed valuation; and the statements of assessed valuation provided for in Section� l � , shall be furnished at least 15 days prior to the expiration of the � '� year for which the annual charges have been paid. t� , i. . c� . . F �� Yeas Councilmen Nays Passed by the Council ' ` , �� Carlson ! Dalglish Tn Favor , E� Holland , Meredith Against Peterson , � Tedesco '� Mr. President (Byrne) Approved: t Attest: �� " � City Clerk Mayor � �� ,i I Form approved Corporation Counsel By � . , ._ � I I � �� . il � � o�ra+.�si�-c+c�crerk ' � ` T � � �r " - .�. " ORDINANCE 232�'73 . `� :, � ��COUNCIL FILE NO � �� . �� PRESENTED BY ORDINANCE NO �� " : I �� . + F� : . . 3 `� — - r � � `�� Section 8. City to Retain Eqnipment Sufficient to Protect - City. The Fire Chief, or in case of his absence or disability, ;� the person in actine charge of the Fire Department, may in his ;� discretion retain in the City, such equipment and personnel as _, �� may in his opinion be necessary for the proper and adequate - t� protection of the City, and shall disptach for the protection �}� of the applicant only such personnel and equipment in response �i to fire alarms or calls by authorized persons as in his opinion �' can for the time being be safely spared from the City. - � F= I� 7 Section 9. City May Recall Apparatus in Emergency. In case � � � an emergency arises within the City while theequipment and per- � �� sonnel of the Fire Department are engaged in fighting a fire for ;� the applicant, the Fire Chief or other person in active charge :� of the Fire Department may in his discretion recall to the City ;� from the service of the applicant such equipment and personnel �� as he may in his opinion consider necessary to meet said emer- � gency. The determination of the Chief or the actine head of the '� Fire Department as to what equipment shall be furnished or with- . � drawn as provided herein, shall be final and conclusine. ; ;` � � �Section 10. BiTl To be Paid in 30 Days. The bills in pay- }� � ment of any charges accruing under the contract shal]. be paid �� within 30 days after receipt thereof, and in case of non-paymen� # � within that time the City, throngh the Fire Chief of the Fire Def � ;� partment,�ay upon written notice immediately terminate the contract. �� The applicant shall pay for the fise protection the sums specified._ `( in the schedule incorporated in this ordinance, or i.n any amendment ri to said schedule which shall be duly adopted by the City Council�, - . provided that no amended schedule shall go into effect until af�er� � 30 days'� written notice to the applicant. _ _ ,� Section 11. A roval of Contract. After proper execution j� by the applicant and approval by the Corporation Counsel, said � contract and bond shall be submitted to the City Council, and s upon proper' approval by the City Conncil shall be executed by ' j the proper City officials, and a copy thereof delivered to the ' applicant. Said contract shall be in force and effect from and' �;� =� after execution and delivery by the City of Saint Paul. ' '` � ' .� Section 12. Annual Charges. Charges for fire protection � shall be as follows: The applicant shall pay an annual minimum`� ,� . ��' r Yeas _ Councilmen - ---- Nays -.. . .- _ . _ �_, Passed by the Council , l Carlson � • o{ Dalglish In Favor a Holland � � Meredith Against � ' Peterson - Tedesco ' � Mr. President (Byrne) Approved• E� Attest: . ` ��. v Ci Clerk Mayor �� t3' s� a t �� Form approved Corporation Counsel By ; . � �` � � , OrFg�inal to�ity Cle�k � ' „ � �� - � � ORDINANCE 232 � � ,�� 1�3 , COUNCIL FILE NO - r � � PRESENTED BY ORDINANCE NO �`� � ' + ' NI _ . - 4 - .. _. Section 12. Annual Cha=ges (continued) - - charge of $10 for each $10,000, or fraction thereof, of ,�; assessed naluation of the real and personal property for which � the fire protection is to be furnished, including the real estate , 'f upon which the buildings and personal property are located, said � assessed valuation to be determined by the latest figures shown � � on the books of the County Auditor. If the annual payments based , npon assessed valuations of the real and personal property pro- ` tected shall be less than the following minimum charges, then : '� the applicant shall pay in lieu thereof minimum charges as ' �� : follows: � - � ;t In case the applicant is an individual or church, he or it � � _ shall pay annually a minimum charge of $50. ; In case the applicant is a nillage or other governmental : F subdivision it shall pay an annual mini.mum charge of $300. � . � � In case the applicant is a partnership, association or private corporation, except a church, it or they shall pay a ' ' minimum annual charge of $150. _ ;� -R "Association" �as used in the preceding p�ragraph shall not �� . .� be construed as including groups of individuals who are associated � together solely for the purpose of fire protection. Such indi.� t � ' viduals shall pay the annual minimum charge of $50; but in the � " � discretion of Fire Chief, such individuals may jointly enter into�� a contract and furnish a joint bond. In such case the penalty�of� I the bond shall be in such amount as the Fire Chief with the appro- � val of the City Council, shall determi.ne will furnish adequate � � protection to the City. � � These annual charges shall be paid irrespective of whether the applicant during the year requires or requests the services ;. of the equipment and personnel of the Fire Department. Such ' charges shall be in addition to the charges for equipment and , �� - �__ personnel actually used for fire protection for the� applicant. ' :� � Section 13. Charges for Equipment and Personnel. The charges for equipment and personnel actually used for fire pro- G� �� tection for the applic�ant shall be in accordar�ce with the folrlowing schedule: ` - � . � ,� _ � � � Pumper-$200 per hour or fraction thereof. � � Ladder Truck-$200 per hour or traction thereof. � . .__.. 'w.._ Yeas Councilmen _ Nays . � Passed by the Counci - - s� � - - ► Carlson �� 4 Dalglish Tn Favor � ,� Holland - - Meredith Against � Peterson ` Tedesco �, Mr. President (Byrne) � � �� Approved: ' � Attest: � �° ` �� f City Clerk Mayor ; �� i �� Form approved Corporation Counsel By � , . ,� . , �; I y ` OdCinnl to City Clork r . �__t �i • ^ ' ` � V ~ � d.3 L� �:1�/ �; ��,V .(',r'�^. s.a V �J c¢.-^-r�. j�a;. � . . � p �" �' � �.cf�a.'�t!..... COUA�lCIL FILE NO. • PRESENTED BY ORDINANCE NO. ��--��7�� n�'L 1 � - 5 - 7� Section 13. Charges for EGui�rnent and Personnel. (concinu�d: � � � Rescue Squad-$200 p�r hour o-r fraciion thereofo � Hose t^ragons-$100 per hour or fraction thereof. �'o�i��=��90 �� e�� e�a�or� �he�eof. i:e e^�ge =o= 1��=, z��a�LS :�.c �o�:eY e��._��i.e=: s:�__ � � �� :ig�:red ="�o�n tne ti_m.e oT ?eavirg zhe fire stai='o: ��ti� �:� _ :� time of return to the sta'cion. � SECtion l�-. Billinqo �'he Depar'canent of Publ?c SaTety shall rill zne applicant annuallv in advanc� on the anniversay dat� of� ;_ each contract �or the a�nual charges h�rein�ae�ore provided for, ��nd, :( S�?3i1. b11.t the applicant irnmediately aft�r �ach particular -respdrise' � to a �ire or fire alarm for charges for personnel, apparatus anc�� oi.her equip�nent furnished therefore Immediately a£ter the r�turn � 1 rr o� the pe-�sonnel, apparatus and �quipment fror.l each particular Mire ; or �i-re alarm, the Fire Depa-rtment shall fu�nish the Commissioner �� • o� Pub??c Safety with aIl Lh� data which may Ae needed �or �h� � purpose of preparing such billso At -�h� time o� billing th� ap, li c�nt both for the annua2 charge aizd �or 'che service zurnished p :'� in response to each particu�ar fire a1arn, the Comrnissioner o= k �� Pui�lic Safety shall rurnish the Fi-re Chi�f with copies of each � o� said bills. k= _—•-• - - -' ' _ _' 4 i ... Section 15o Deposit a� nZoneys �eceivedo A11 moneys rec�ive,u � =�om the applicant in pa��mei�t of charges for fire protection out F t � _ " sid� or the Cit�� o= Sai?�z ?��ul are hereby dedicated and shall ��lie :3 - � credited to a Fire Fighting Equipment Trust Fund. The Comp troller 'is hereby authorized and directed .to assign a proper code num]�er �therefor. ;_ SECtion 16. No Charqe t��:+'here ��eciprocal Ag-reernent� No ch�arge '� s'_-Lall b� imposed for the us� of fir� equipment and pe_sonnel in ; L��z case of communities rlain�aining paid �ire departments which : � have reciprocal agreements fo-r such service with the Cizy. .. � , Sec�cion 17 0 �ecial P.r�angemen�cs o In speciaZ situatio s ti•ahen the fire service which the ��nicipality desires or whicYil - L��e City is ready to furnish vari�s irom that provided �or by� � t?zis ordinanceo �articularly in sicuations where th� s�r�ice`�,is to be furnishEd only in cas� of extreme emergencyo the ��ity �shall � be authoriz�d to make a cor_tract th-rough its proper of�i,cersM�for � such fire service upon terms agreed upon by the parti;es, ��ai-chout .� re=erence to the requirements of this ordinanc�o '� , , I � Yeas Councilmen Nays Passed by the Council � � Carlson ;, ' � _'.. _�aigiis'n ' - - - - • � ln r avor , L. , Holland �Vleredith Against F . Peterson Tedesco �/fr. President (Byrne) Q Approved: Attest: ` '� �� .� 5 City Clerk Mayor � �� , ; Form approved Corporation Counsel By ' � ' - r; . , _. ._ _ • , . �� : � � � � ' . � , . - . ; , � � , � � s _ ,t �� y I � � � � 1 i R ��tll�t r.rlal,�C � T , � � � f � �'� �� ' � � 2321'� �- � � fP 9 OR�DINANCE " COUNCIL FILE NO i' PRESENTED BY ORDINANCE NO �-� � MI -6- - � ' , Section 18. If any part, sentence, or clause of this a�dinance shall be ad�udged void or of no effect, for any reason whatsoever, such decision shall not affect the validity of any of the remaining ° portions of this ordinance . Sect�ion 1�. This ordinance shall be deemed a part of the � Saint Paul Legialative Code and shall be incorporated therein ' and given an appropriate chapter and/or section number at the time of the next revision of the said Legislative Code. Section 20. This ordinance shall take effect and be in force . thirty days after its passage, approval and publication. , � - �ti � - ; . -., � � ,� , � �� . , . . � . ' � , :� . .� J _� �i �`� • - ' •� _ � fi+ i� � � � 6 iss� w � Yeas Councilmen Nays Passed by the Council �t - •y Carlson f / � �� / Dalglish k� In Favor t Holland ,,l - ;� b �� v 0 Against Peterson , ,� Tedesco ,� 1 6 1�6� Mr. President (B Ap ed: r F Atte . _ , �J � 'C City lerk Mayor ` � �O �� Form approved Corporation Counsel By � , :.� i��r�s� MAR 1819�� i . - � .. � Orl¢inal to City Clerk . " t � � �� - � ORDINANCE �� . COUNCIL FILE NO � • PRESENTED BY ' ORDINANCE NO ��V � , �� M� , ` — 5 — ; ; ; Section 13. Charges for Equipment and Personnel. (continued) i � Rescue Squ�d-$200 per hour or fraction thereof. Hose Wagon $100 per hour or fraction thereof. - Foamite-$2� per hour or fraction thereof. � 4 _ , The cha.�ge for labor, apparatus and other equipment shall be figured from the time of leaving the fire station until the time of returh 'to the station. � • . Section 14. �, Billinq. The Department of Public Safety shall �xxi.11 the applicant annually in advance on the anniversay date of each contract for the annual charges hereinbefore provided for, and shall bill the applicant immediately after each particnlar response � to a fire or fire�,alarm for charges for personnel, apparatus and - other equipment furnished therefor. Immediately after the return of the personnel, apparatus and equipment from each particular fire or fire alarm, the Fire Department shall furnish the Commissioner of Public Safety with all the data which may be needed for the � � purpose of preparing such bills. At the time of billing the appli- cant both for the annual ��charge and for the service furnished in response to each particular fire alarm, the Commissioner of Public Safety shall furnisha`the Fire Chief with copies of each � of said bills. � Section 15. Deposit of Moneys Received. Al1 moneys received � from the applicant in payment of charges for fire protection out- side of the City of Saint Paul �Shall be deposited by the Commis- sioner of Finance to the credit �•f Fire Receipts 0169-R. � Section 16. No Charge Tr�here Reciprocal Agreement. No charge _ shall be imposed for the use of fire�equipment and personnel in the case of communities maintaining paid fire departments which have reciprocal agreements for snch se ice with the City. Section 17. Special Arrangements. In special situations when the fire service which the municipal'ty desires or which the City is ready to furnish varies from that provided fot by this ordinance, particularly in situations w�iere the service is = to be fnrnished only in case of extreme emerc�e�ncy, the City shall be authorized to make a contract through its pr•oper officers for such fire service upon terms agreed upon by the�parties, without reference to the requirements of this ordinance. i Yeas Councilmen Nays Passed by the Counci . ; Carlson Dalglish Tn F vor .� � Holland Meredith , A gainst � Peterson R Tedesco ° Mr. President (Byrne) . � ' Approved: - Attest: City Clerk Mayor � �� ' �' ; Form approved Corporation Counsel By , , , ` �, . .. - �� - , - � . , _ � � ��.� � , _�� : , ; � � _ , � . - _ . �� _ , � . � _..__ � _ , �� . �-�-,-, � v .: � � '�. �.. 6 � � i � ti '•� ' ' ' , :.:+.i:,��: - - � st �' ��+ r , 2nd ✓ � � � � � laid over to � 3rd and app 3 —Adopted � . , i ea� Nays eas • Nays Carlson �� f `�arlson , �� - c -Balqfish' alglish . � - � Holland �� olland jn,�;+�- ��,��'� ,,�, �' ; � `f �Petersor� � eterson • �i'edesco , \Tedesco � � [�A�o��n +g. `��•�i� r. Presideht Byrne ` ]►3r. Vico Pre� eat (Peter )�