An Ordinance of the City of Haleyville, Alabama, establishing voluntary fire protection dues for residences, businesses and churches served by the Haleyville Fire/Rescue Department (hereinafter referred to as “Haleyville Fire/Rescue”) lying outside the city limits of Haleyville; to provide for the collection of said voluntary dues by the Haleyville Water Department; to provide for the collection of voluntary fire dues for areas served by Haleyville Fire/Rescue but not served by the Haleyville Water Department; the establishment of fire run fees for residences, businesses and churches who choose not to participate in the voluntary fire protection dues program and providing for severability clause; providing for incorporation into the Code of Ordinances, and providing for and effective date.

WHEREAS, the City of Haleyville is presently allocating substantial resources to provide fire protection to areas and communities which lie outside the city limits of Haleyville; and,

WHEREAS, over sixty percent (60%) of the fire calls for 2008 and 2009 were outside the city limits of Haleyville; and,

WHEREAS, the citizens, businesses and churches who receive fire protection from Haleyville Fire/Rescue outside the city limits of Haleyville receive a substantial benefit in the form of fire protection and in the reduction of home owners insurance due to the efforts of Haleyville Fire/Rescue and the citizens of Haleyville who fund this department; and,

WHEREAS, the City of Haleyville will not be able to maintain and provide necessary upgrades and fleet renewal for said Department without the reasonable assistance of the surrounding communities as more fully set forth in the findings of fact attached hereto as Exhibit “A”; and,

NOW THEREFORE, BE IT ORDANINED as follows:
1. The City Council of Haleyville hereby authorizes Haleyville Fire/Rescue to contract for services outside the city limits of Haleyville through the Agreement Between Homeowners/Businesses/Churches for Fire/Emergency Services through the assessment and collection of voluntary Fire Protection Dues.

2. The Fire Protection Dues for individual residences shall be $60 per year, pro rated at a rate of $5 per month.

3. The Fire Protection Dues for businesses shall be $100 per year, pro rated at a rate of $8.33 per month.

4. The Fire Protection Dues for churches shall be $100 per year, pro rated at a rate of $8.33 per month.

5. The voluntary Fire Protection Dues shall be collected for all areas within the Haleyville Fire/Rescue coverage area which lies outside the city limits of Haleyville.

6. The City Council of Haleyville hereby makes request to the Haleyville Water Department to establish a procedure for the billing and collection of said Fire Protection Dues. Said procedure should include, but is not necessarily limited to, the establishment of a voluntary check box for the customers to indicate their participation in the Fire Protection Dues Program; to maintain a list of those customers who have entered the program; and to maintain copies of the master Agreement Between Homeowners/Businesses/Churches for Fire/Emergency Services to be given to customers upon request; and provide monthly updates to the City Clerk and Haleyville Fire/Rescue of all changes in the customer status on participation with the volunteer Fire Protection Dues Program; and to pay over to the City all voluntarily Fire Protection Dues collected on a monthly basis.

Haleyville Fire/Rescue shall submit to the City Clerk the names, mailing address of each residence, business and church which lies inside the Haleyville Fire Protection District but which is not served the by Haleyville Water Department. The City Clerk shall cause to be prepared and delivered to said addresses, the appropriate notice giving the residences, businesses and churches an opportunity to participate in the Fire Protection Dues Program along with the cost of response, if they choose not to participate, and to collect thereafter the dues from all who choose to participate.

7. Haleyville Fire/Rescue is hereby authorized to assess and collect from the owner and/or tenant, a fee of $1,000 whenever Haleyville Fire/Rescue is required to respond to an incident outside the city limits of Haleyville at a residence, business or church which has chosen not to participate in the voluntary Fire Protection Dues Program.

This fee shall be assessed against the owner and/or tenant of said property if at the time of the response, the property was not enrolled in the Fire Protection Dues Program and/or the payment for said voluntary Fire Protection Dues was more than 60 days delinquent as of the date of said response.

8. All funds collected from the Fire Protection Dues Program shall be maintained in a designated account and may only be used for the operation, maintenance and improvement of Haleyville Fire/Rescue. Haleyville Fire/Rescue is ordered to provide an annual audit to the City Council with a breakdown of the number of fire calls and runs made by Haleyville Fire/Rescue with categories inside the city limits, within the police jurisdiction and outside the police jurisdiction. Haleyville Fire/Rescue shall include such other information as the City Council may from time to time require in order to properly assess the Fire Protection Dues Program.

9. If any section or portion of this ordinance is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, that section or portion shall be deemed severable and shall not affect the validity of the remaining portions of the ordinance.