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Ordinance 644 - Fire Protection Contracts92, r ORDINANCE No. 644 AN ORDINANCE PROVIDING FOR THE MAKING OF CONTRACTS WITH CORPORATIONS, GOVERNMENTAL AGENCIES AND INDIVIDUALS FOR FIRE PROTECTION TO HE FURNISHED BY THE FIRE DEPARTMENT OF THE CITY OF KALISPELL FOR PROPERTY L©CATED OUTSIDE THE CORPORATE LIMITS OF THE CITY OF KALISPELL AND ESTABLISHING A SCHEDULE OF FEES TO BE CHARGED FOR SUCH SERVICE AND PROVIDING FOR THE TERMINATION OF SUCH CONTRACTS UNDER CERTAIN CONDITIONS, REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL: Section 1. Whenever any corporation, firm. governmental agency or individual, licated outside the corporate limits of the City of Kalispell desires the dity of Kalispell to furnish Fire protection, it or he shall make written application_ therefor to the City Clerk of the City of Kalispell, specifying the area, nature and the extent of the property, for which such fire protection.is to be furnished, the legal description of the real estate upon which the buildings and personal property to be protected are Mutated, together with a statement of the total assessed and taxable valuation of the said real and personal property to be furnished with fire protection, which statement of annual value shall be furnished annually thereafter. The City Clerk shall accept the following applications for further processing and reject all others: (1) Installations owned and operated by publierutility corporations which installations are essential for the maintenance of communication, electric, water, gas, or other utility service within the City of Kalispell; (2) Any other property involving minimum single exposures per site applied for to real and personal property located thereon, of not less than $250,000.00 at full and true value, or where the aggregate payroll at peak average employment is not less than 50 employees, It is hereby declared to be the policy of the Council of the City of Kalispell to afford protection to the foregoing facilities, installations, or ownerships, only, and to no other; and to cease and terminate such contracts at the renewal dates thereof, if, as, and when any such private property fails to meet the standards listed above. The City Clerk shall thereupon furnish the applicant with contract forms to be made out and executed by the applicant pursuant to proper authority and in accordance with the terms, conditions and limitations contained in this ordinance. Section 2. Upon proper execution of said contract it shall be delivered to the City Wlerk of the City of Kalispell, together with let annual payment and acceptable evidence of contractual liability coverage, provided by a policy or an endorsement to a policy of comprehensive liability coverage as to the applicant. Section 3. The contract shall contain the following terms and con- ditions, in addition to such other terms and conditions as the City Council shall see fit to incorporate therein. That is conformity with the rule of law of non -liability of the City of Kalispell to its residents in the performance of this governmental function of fire protection, the applicant releases the City of Kalispell, its officers, agents, and employees from all claims for damage or loss resulting from failure to furnish or delay in furnishing men or apparatus, or from, failure to prevent, ' control, or extinguish any conflagration, whether resulting from the negligence of the City of Kalispell, its officers, agents, or employees, or otherwise. That the applicant will indemnify and save harmless the City of Kalispell, its officers, agents, and employees, from all claims for intpries, loss or damage to persons or property not otherwise insured and arising out of the use and operation of the equipment of the Kalispell Fire Mepartment in connection with the furnishing of fire protection provided for by the contract. Said applicant will reimburse the City of Kalispell for all loss or damage to said equipment not otherwise insured while being used in connection with the furnishing of fire protection provided for by the contract. r 11 That the contract shall be for a continuous term, subject, however, to cancellation by either party upon thirty days' written notice, When any contract shall have been prepaid and cancelled within the year for which prepaid, the amount prepaid shall be prorated by months and an adjustment shall be made with refund if applicable. 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 5 of this ordinance, on the basis of taxable valuation; and the statement of taxable valuation provided in Section 5 of this ordinance shall be furnished at least fifteen (15) days prior to the expiration of the year for which the annual charges have been paid. The Chief of the Fire Department or, in his absence the person in active charge of the Fire Department, may, in his discretion retain in the City of Kalispell such equipment and personnel as may in his opinion be necessary for the proper and adequate protection of the City, and shall dispatch for the protection of the,applicant only such personnel and equipment in response to fire alarms, or calls, by authorized persons as in his opinion can for the time being be safely spared from the City, and in case of emergency within the City of Kalispell while the equipment and personnel of the Fire Department are engaged In fighting a fire for the applicant, the Fire Chief, or other person in active charge of said Fire Department.may, in his discretion recall to the City of Kalispell from the service of said applicant such equipment and personnel as he may in his opinion consider necessary to meet said emergency. The determination of the Fire Chief, or other person in active charge of said Fire Department, as to what equipment shall be furnished or withdrawn, as provided herein, shall be final and conclusive. That the bills in payment of any charges accruing under this contract shall be paid within thirty (30) days after deposit thereof in the mails, and in case of non-payment within that time, the City of Kalispell, through the City Clerk, may upon written notice, immediately terminate the contract, but such termination shall not relieve the applicant from any liability due the City accruing before subh cancellation. That the applicant shall pay annually in advance the retainer or stand- by fee specified for fire protection and within 30 days after billing any service charges as specified herein. Section 4. After proper execution, by the applicant, of said contract, the same shall be submitted to the City Council, and upon approval thereof by said City Council the contract shall be executed by the Mayor and City Clerk and a copy thereof delivered to the applicant. SAid contract shall be in force and effect only, from and after execution and delivery by the City of Kalispell. Upon initual execution, contracts shall run until June 30 of the fiscal year in which executed and the fee to be paid shall be prorated by months accordingly and after the end of such fiscal year each contract shall run by the year ending June 30. Section 5. The applicant shall pay the following fees: (1) Installations owned and operated by public utility corporations which are deemed essential for maintenance of communications, electric, water, gas, or other utility services within the City of Kalispell, the sum of $300.00 per year retainer plus $50.00 per equipment piece per hour or fraction thereof per call for each installation to which called. (2) Any property involving minimum exposures to real and personal property of $250,000.00 at full and true value or 50 employees at peak average payrolls a sum equal to a rate of (27.5) mills per dollar of taxable valuation according to the assessments on the County General Property Tax Assessment rolls for the year in which the contract is made or renewed, subject to a minimum annual charge of $100.00, per individual site protected, which sum shall be deemed a ' retainer fee, plus $50.00 per equipment piece per hour or fraction thereof per call for each site to which called. Irrespective of the foregoing, however, the City Clerk -and the Chief of the Fire Department may make appraisals as to the value of the property, arrangement and location of the buildings, accessability for fire fighting, -availability of water supply and facilities for the aid of fire fighting and in their discretion make such recommendations to the City Council as they see fit, for the purpose of making such charges as they believe to be more reasonable and equitable under any particular set of circumstances and in any particular case. It is further expressly understood that the City Council may in their discretion reject or accept any or all applications for fire protection. 94 Seotion b. The City shall bill the applicant annually in advance before the anniversary date of each contract for the annual retainer charges hereinbefore provided for; these annual retainer charges shall be paid irres- pective of whether or not the applicant during the year requires or requests the service of the equipment and the personnel of the Fire Department. Section 7. All ordinances or parts thereof in conflict herewith are hereby repealed. Section 8. An emergency is hereby declared to and does exist. Section 9. This ordinance shall be in full force and effect from and after its passage and approval. Passed by the City Council of the City of Kalispell, Montana, this 1st day of August, 1955. APPROVED by the Mayor of the City of Kalispell, Montana, this 1st day of August, 1955- Claude Walter Mayor ATTEST H. J. Hunt City Clark I, H. J. Hunt, City Clerk of the City of Kalispell, -Montana, do hereby certify that on the 2nd day of August, 1955, I posted a copy of the foregoing ordinance in my office and the same remained posted for a period of five days and the foregoing is a true and correct copy of the ordinance as passed by the City Council. _°mil %�'�r,�. Mty Clerk of tW City of Kalispell, Montana