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HomeMy WebLinkAboutD-1528-01 Amend Fire Serv.FundSPONSORED BY: CounciLor BattreaU ORDINANCE NO. D-1528-01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING CHAPTER 2, DIVISION VI, ARTICLE 4, SECTION 2-101 OF THE CARMEL CITY CODE WHEREAS, the Carmel Fire Department provides ambulance service and emergency medical treatment to the citizens of the City of Carmel and Clay Township and other persons in need of same; and WHEREAS, in order to maintain these services vital to the Carmel/Clay community, the Carmel Fire Department is authorized to bill the recipients directly for these services; and WHEREAS, an efficient billing and collection procedure is necessary in order to efficiently and economically provide these services. NOW THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, that, the Carmel City Code, Chapter 2, Division VI, Article 4, Section 2-101 is hereby amended as follows: "Section 2-101. Paramedic, Emergency Ambulance and Fire Service Capital Fund. (a) The City of Carmel hereby establishes a special non-reverting capital fund for the purpose of maintaining revenues received from Carmel Ambulance Services and the Hamilton County Emergency Medical Services Tax for the purpose of acquiring and/or replacing capital improvements and equipment necessary to maintain paramedic, emergency ambulance and fire service (hereinafier referred to as the "Paramedic, Emergency Ambulance and Fire Service Capital Fund"), to be administered and maintained by the City of Carmel as hereinafter set forth: (1) The Capital Funds will be funded from revenues provided by Carmel Ambulance Services as result of the City of Carmel's administration of the paramedic and emergency ambulance services and from monies received from the-Hamilton County Emergency Medical Service Tax; (2) The funds held in the Capital Fund shall be accounted for and maintained separate and apart from other City funds and invested with interest thereon deposited into the Capital Fund as provided by law; (3) The funds held and accounted for in the Capital Fund shall be withdrawn only: a) upon appropriation by the legislative body of the City of Carmei; b) upon written agreement between the City of Carmel and Clay Township authorizing expenditures; and c) for the purpose of making capital expenditures supporting paramedic, emergency ambulance and fire service; Page One of Four Pages PEe~ar,~ed~ Douglas C. pa~ne,~ Carrnel City Attorney SPONSORED BY: Councilor Battreall (4) Capital equipment and improvements acquired from the funds held in the Capital Fund shall be titled in the name of the City and/or the To~vnship as set forth in written agreement between the City and the Township at the time of expenditure; and (5) At such time as the City of Carmel terminates its administration of paramedic and ambulance services and/or the City and Township do not provide paramedic and ambulance services or fire protection services to Clay Township as a whole by joint agreement, all unexpended funds maintained in the Capital Fund shall be distributed to the City and to the Township based upon the City and Township's proportionate monetary contribution toward fire protection of Clay Township under prior Contracts for Fire and Protection between the City and the Township. (b) The life of the Paramedic, Emergency Ambulance and Fire Service Fund shall be perpetual unless terminate by subsequent ordinance duly enacted by the City of Carmel legislative body. (Ord. No. D*102, 4-18-94; Ord. No. D-1180, 9-18-95) (C) (1) The Carmel Fire Department is authorized, pursuant to indiana law, to provide emergency medical services. (2) The Carmel Fire Department is authorized to provide emergency medical services and charge fees from citizens ~vho benefit from said services in the amount of $225.00 for basic life support charges and $350.00 for advanced life support charges, within the terms and meanings of the Indiana statute and the Indiana Emergency Medical Act. (3) Said funds shall be placed into the non-reverting fund established in subsection (a) Above. (Ord. D-1184, 10-2-95) -- (4) The Carmel Fire Department is authorized to collect fees for its ambulance and emergency medical treatment runs. (5) In the event such fees are not paid after Carmel Fire Department has exhausted its collection procedures, then the City Attorney will be notified for a determination as to whether to pursue collection of such fees by initiating litigation or other collection efforts on behalf of the Carmel Fire Department. (6) Service fees for ambulance and emergency medical treatment runs may be deemed uncollectible and the appropriate adjustment made to the Carmel Fire Department and City of Carmel financial records, upon a determination by the City Attorney that: Ordinance No. D-1528-01 Page Two of Four Pages Pre~a.~ed~ Douglas C. Ha~n~, Carreel City Attorney SPONSORED BY: Councilor Battreall (A) The person receiving such ambulance and/or emergency medical treatment services died without insurance, an estate or surviving relatives responsible for the debt; (B) The person receiving such ambulance and/or emergency medical treatment services cannot be located despite reasonable attempts to do so; (c) The person receiving such ambulance and/or emergency medical treatment services has filed for banloruptcy protection, has listed the City of Carmel as a creditor regarding such services and has obtained a discharge of such debt by the bankruptcy court; (D) The collection of the debt is othersvise not economically justified under the circumstances. (7) All service fees for the provision of ambulance and/or emergency medical treatment services by the Carmel Fire Department that are deemed to be uncollectible hereunder must be reported to the Board of Public Works and Safety on an annual basis." PASSED by the Common Council of the City of Carmel, Indiana, this (t ~hay 2001, by a vote of ~r ayes and ~D nays. Diana L. Cordray, IAMC, Cl~easurer Ordinance No. D- 1528-01 Page Three of Four Pages City Attorney SPONSORED BY: Councilor Battreall Presented by me to the City of Carmel, diana, this day of ~>T, 2001. Mayor of the ~ ~tT Diana L. Cordra~, , - reasurer ofCarmel, Indian this it~ day of/ijT~,,q~'~, 01. Approved by me, the Mayor of the City ~e~Brainard, Mayor 2i2a L. Cordray~L)IA~C,~asurer Ordinance No. D- 1528-01 Page Four of Four Pages P[~ep~e~b~ Douglas C. Ha=ne~X Carreel City Attorney