[Ord. 2011-12, 10/6/2011]
1.
The officers of each fire company responding to automobile accidents
and other incidents within the Township shall, within 30 days after
the effective date of this Part, establish and propose a written schedule
of fees for the various classes and items of manpower, equipment,
tools, supplies and consumables which are customarily or likely to
be utilized at automobile accidents and other incidents by that fire
company.
2.
The schedule may be expressed in terms of hours, gallons, or any
other convenient or regularly used unit of measurement.
3.
The schedule shall be based upon and reflect either the actual experienced
or likely projected costs and expenses as incurred by the fire company
for such operations and responses to automobile accidents and other
incidents, as best as the fire company is able to compute and establish
those amounts.
4.
The schedule may include a "minimum" fee for any one or more classes
or items, and may also include a percentage "add-on" for overhead
and handling.
5.
All such schedules shall specifically include substantially similar
language to the following: "All costs of collection of these fees,
including court costs and reasonable attorneys and witness fees and
expenses, will be added to the original incident fee sought by the
fire company, if further collection actions are necessary because
of delinquent payment."
[Ord. 2011-12, 10/6/2011]
All such proposed incident fee schedules shall be subject to
review and approval by the Board of Commissioners, which may in its
discretion add to, alter, amend, change, or revise any item or class
of fees. The proposed incident fee schedule, as it may be amended,
shall become effective five days after approval by the Board of Commissioners
by a duly authorized resolution.
[Ord. 2011-12, 10/6/2011]
Thereafter, the incident fee schedules may be updated and amended
in like manner from time to time, upon either a written request by
the Board of Commissioners, or receipt of a written submission from
a fire company.
[Ord. 2011-12, 10/6/2011]
For all automobile accidents or other incidents to which any
fire company responds, including both those within Lower Macungie
Township, and those which occur on or outside of the several boundary
roads of the Township to which a designated fire company responds
pursuant to a "mutual aid" agreement or otherwise, Lower Macungie
Township is hereby authorized, empowered, and directed to collect
fees for the response to those accidents and incidents by that fire
company, in accordance with the currently approved incident fee schedule,
from either any person or persons who are involved in such accident
or incident, or any insurance company or other person who is or may
be financially responsible or legally liable therefore.
[Ord. 2011-12, 10/6/2011]
1.
Lower Macungie Township is also hereby authorized, empowered, and
directed to compromise, settle, waive, modify, reduce, and discharge
such incident fees, when, in their opinion, such action is justifiable
or reasonable under the circumstances, which may include, but are
not limited to, cases where or when:
A.
The likely cost of collection will exceed the amounts of the incident
fees.
B.
Liability or responsibility for the incident fees is not clear.
C.
More than one person is or may be responsible for the fees.
D.
When the actual costs or the amounts of the fees are minimal.
E.
Upon other good cause shown.
2.
Lower Macungie Township may engage legal counsel to assist in its
collection efforts, which may be, but need not be, the Township Solicitor.
Any legal fees incurred thereby shall be the sole responsibility of
the Township.
[Ord. 2011-12, 10/6/2011]
An annual report of the amounts and collections of all such
incident fees shall be submitted to the Township Commissioners, including
any waivers or reductions granted in accordance with the provisions
of this Part.
[Ord. 2011-12, 10/6/2011]
The Township Secretary is hereby authorized and empowered to
issue certified copies of this Part, any resolutions approving the
incident fee schedules for each fire company, and copies of these
approved incident fee schedules. All such copies shall be accepted
and treated the same as the original when bearing or accompanied by
the signature of the Township Secretary and the Township's Seal.
