HomeMy WebLinkAboutD-1941-09 Hazardous Materials Response FundSPONSOR(S); Councilor Rider
ORDINANCE D-1941-09
WHEREAS, the Carmel Fire Department respands'to emergencies involving hazardous materials;
and
WHEREAS, pursuant to Indiana Code 36-8-12:2-11 et seg., the City is entitled to seek
reimbursement of the expenses associated with responding to hazardous materials emergencies; and
WHEREAS;.the monies received to-reimburse such expenses may be used to purchase. supplies
and equipmenvand to prouide.training and, servicesyelated to, hazardous material responses; and
WHEREASthe citizens of Carmel will benefit from the creation and operation of such'a non-
reverting hazardous,materials,response fund and it is in the public'interesfto do so:
NOW, THEREFORE, BE IT`ORDAINED by the Common Council of the City of Carmel,
Indiana,.as follows:
Section I . Theforegoing,Recttals are fully incorporTted herein by this,reference:
Section 2: That Chapter 2, Article 4„ of the Carmel City Code should be and the same is hereby
amended to, add a new Section] 33 which'shall read,as follows:
"Sect. 2.133. Non-Reverting Hazardous Materials Response Fund
(a) There'is established a non-reverting Hazardous Materials Response,fund ("Non-Reveriing Hazardous
Materials Response Fund") to be 'used' exclusively tot the purpose of accepting and disbursing monies
received from the collection of. Hazardous `Materials Response Fees assessed by the Carmel Fire
Department., The Chief of the:'Fir_e Departmenhshall specify the fee.amount', consistent with applicable law,
and the same shall be assessed agalnst,any party,lesponsible for'any hazardous material response-by the.
Carmel Fire Department:
(ti) The Non-Reverting "Hazardous Matedals-Response Fund shall be administered and maintained as set.
forth herein, pursuant to Ind. Code § 36-8-12.2-8
Page One of Three Pages
Prepared by Thomas D. Perkins, Cannel Assistant CityAttorney
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SPONSOR(S): Councilor Rider
The .monies contained in'the _Non`Reverting" Hazardous, Matenals„ Response: Fund shall be
received, and deposited therein by the Carmel, Fire: Department, in accordance with applicable
law;
2. The funds contained in the Non-Reverting Hazardous Materials Response Fund shall be
accounted for and maintained separate and apart from all other City funds, and shall.be invested
with 'the interest earned thereon deposited into the .Non-136erting Hazardous Materials
Response Fund;and
3. The funds held and accounted for in the Non-Reverting Hazardous. Materials Response Fund
shall be withdrawn onfy:.
a. At the discretion of the'Chief of the; Carmel Fire Department;
b.' To purchase ofsupplies and equipment specific to hazardous material responses, for the
training of Carmel Fire:Departmentpersonnel,to properly respond'to hazardous material
emergencies, and payments:to obtain services'related to hazardous,material,responses:
All property acquired from monies field in the Non-Reverting Hazardous Materials Response
Fund-shall be tilled in the.nameM the Carmel Fire'Department; and
6. The, life-of the Non-Reverting Hazardous Materials Response Fund shall be perpetual, unless
terminated by subsequent City ordinance:"
Section .3, That the remaining provisions df Carmel City Code Chapter 2, Article 4, are not
affected by this Ordinance and.remain rn'full' force and, effect.
Section 4. This fund shall'be identified as Fund 107.
Section 5. If any portion of this Ordinance is for any reason,declared io be unconstitutional or
invalid, such decision shall not affect_tl e validify,of the r.cina ring porti6ns of this Ordinance so long as
enforcement of same can'be giventl'Te same, effect.
Section G. This Ordinance shall be in full force.and effect from and after-its passage and signing
by the Mayor and such publication as is requiied:bylaw.
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PASSED by the Common Council of the City of Carmel, Indiana, this 1s
day of
2009, by a vote of "7 ayes and 0 nays.
Ordinance D-1941,09
Page Two of Three Pages
Prepared by Thomas'D. Perkins, Carmel`. Assistant City Attomey
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SPONSOR(S): Councilor Rider
COMMON COLNCIL;FOR THE CITY Of CARMEL
n V. AcJcett?uro
Ronald'E. Carter
Diana L. Cordray,.IAMC,
Presented by me to the Mayor of the City of Carmel, Indiana, this, 101 T- day of
,
2009, at M'• oe O'clock, A. M. Diana L., Cordray,:'IAMC, Clerk-Trea `er
Approved b? me; the,Mayor f the City of Cannel, Indiana, tliis 26 day of f
2009, at O'clock, M.
J es•Brainard, Mayor
ATTES' .
Diana L. Cordray,YAMC,.Clerk-. e surer
Ordinance D-1941-09
Page, Three of Three Pages
Prepared ny Thpmas'D:. Perkins, Carmel Assistant City Attomey'
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