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McPherson Ordinance No. 3436
- Definitions. The following words and phrases when used in this section shall have the following definition.
ORDINANCE NO. 3436
AN ORDINANCE OF THE CITY OF MCPHERSON, KANSAS ADDING TO CHAPTER 34, ARTICLE 1 SECTION 7 OF THE CODE OF THE CITY OF MCPHERSON, KANSAS REGARDINGVehicle Water REcovery.
WHEREAS, the McPherson Fire Department trains, operates and maintains a dive team for underwater operations;
WHEREAS, the dive team can help non-emergent recovery operations;
WHEREAS, such non-emergent recovery operations should be a recoverable cost to the taxpayers of the City of McPherson, Kansas (“City”); and
WHEREAS, the governing body of the City believes it is in the best interest of the City to amend the City Code to provide
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MCPHERSON, KANSAS:
Section 1. Addition of Code section.
Sec. 34-7. Cost recovery for Vehicle Water Recovery.
A vehicle shall include all vehicles as defined by K.S.A. 8-1485, all trailers as defined by 8-1479 and all vessels as defined by K.S.A. 32-1102.
Water recovery means members of the McPherson Fire Department assisting in the removal of a submerged or partially submerged vehicle from a river, lake or other body of water whether navigable or not.
Nonemergent means that the water recovery is not involving a rescue or recovery operation for a victim or a criminal investigation. Concern that the water recovery is necessary to avoid or mitigate environmental contamination will not prevent the water recovery from being nonemergent.
(b) When a city response team is activated for a nonemergent water recovery, the responsible parties shall pay the costs incurred as a result of the emergency response. The costs shall be set from time to time by resolution of the governing body. The responsible parties shall be billed by the McPherson Fire Department. If the responsible parties fail to pay the bill in full within 30 days of its issue, a second billing shall be issued by the McPherson Fire Department. The second billing and any subsequent billings shall include interest on the unpaid balance equal to the statutory rate on unpaid judgments as published from time to time by the Kansas Secretary of State's office. If payment is not made in full within 60 days of the initial billing, legal action may be brought to recover the costs of the response, including reasonable attorneys' fees and costs, and any other related expenses.
(c) Within 30 days of the original billing issued, any responsible party who disagrees with a billing for costs incurred because of an water recovery may request a hearing before the governing body. The request for a hearing shall specifically identify the portion of the billing that is disputed and the factual basis of that dispute. Any remaining portion of the bill that is undisputed shall be paid in accordance with subsection (b). The decision of the governing body shall be final.
Section 2. Repeal. All or parts of the Code conflicting with the provisions of this Ordinance are hereby repealed.
Section 3. Publication and Effective Date. This ordinance shall take effect and be in full force and effect from and after its passage, signature and publication in the official city newspaper and posting of the full text of the ordinance on the city’s website in compliance with K.S.A. 12-3007(b).
Adopted by the governing body this ______ day of _____________________, 2024.
CITY OF MCPHERSON, KANSAS
_________________________________
Thomas A. Brown, Mayor
[SEAL]
Attest:
______________________________
Leah Kawanguzi, City Clerk
SIGNED ORDINANCE