Item 2 - Ordinance on Fire and EMS Response Fees to Out-of-Area Users

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are to be established annually by the adopted budget of the city and organized as directed by the city manager. (2) Employees in position classifications determined by the city manager shall have authority to act as a city police officer for purposes of fire suppression and fire prevention. There is currently code to support ambulance service fees: 2.608 Ambulance Services - Fees. (1) The city manager may set all rates and fees for any ambulance service operated by the city. Except in an emergency when such rates and fees may be immediately imposed, all rates and fees shall be established only after public notice, hearing and findings that the proposed adjustments are: (a) in the public interest, (b) except as approved by the council, insure the ambulance service will not draw on the general tax revenues of the city, and (c) will insure those who receive the service pay in proportion to the cost of the service provided. (2) The decision of the city manager to establish rates and fees in subsection (1) above shall be final unless an aggrieved person appeals the decision to the council. The appeal shall be in writing and filed with the council within 30 days of the city manager's decision. Except in an emergency, the appeal suspends implementation of the city manager's decision until the council hears the appeal. The council shall hear the appeal promptly and affirm, modify or repeal the decision of the city manager. (3) The city manager or the manager’s designate shall pursue collection of fees and charges established under subsections (1) and (2) by all lawful remedies available to the city to recover costs for services rendered plus collection costs, including attorney fees. In order to sustain the firefighting portion of the department, it is requested that an ordinance be established to allow for out-of-area users of Fire Department services be charged a first response fee. The new ordinance would read: 2.610 Fire and EMS Response Fees. (1) Applicability. Subject to the provisions of this section, the city may impose fire and EMS response fees when fire or EMS personnel respond to incidents involving out-of-area persons who are not members of FireMed or a reciprocating FireMed program. As used in this section, “out-of-area person” means persons residing outside of the Cities of Eugene and Springfield’s fire first response area. (2) Vehicular Accidents. When fire or EMS personnel respond to an incident involving a vehicular accident, a response fee not to exceed $450.00 may be charged to any out-of-area person. (3) Adoption of Fees. The response fees shall be established by the city manager pursuant to section 2.020 of this code as provided in subsections (2) and (3) of this section. (4) Collection. A statement for payment of the response fee shall be sent to the out- of-area person(s) involved in the incident. The amount shall constitute a debt due to the city from the recipient, may be collected in any manner authorized by law, S:\CMO\2011 Council Agendas\M110919\09-19-11- Item 2 - Ordinance of Fire and EMS Response Fees.doc