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11/28/2017 Ordinances 9671ORDINANCE NO. 9671 An ordinance to amend Chapter 16 of the City Code of the City of Grand Island; to add new Article VIII sections 16-33 to 16-42; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: the following: SECTION 1. Grand Island City Code Chapter 16 is hereby amended by adding ARTICLE VIII Recovery of Costs §16-33. Recovery of Costs. The City of Grand Island Fire Department is hereby authorized to recover an hourly fee for responding to vehicular accidents. § 16-34. Rates. A rate schedule for responding to vehicular accidents shall be set annually by the City's Fee Schedule Ordinance and may be updated from time to time upon recommendation of the Crrand Island Fire Chie£ The hourly rate shall be billed in 15-minute increments. §16-35. Collection. The fee set by the City's Fee Schedule Ordinance may be recovered from any identified insurance carrier or person or persons, directly by the City or by an attorney, or through a third-party billing service acting as a contracted authorized agent for the collection of such costs. In addition to the reasonable costs as set forth in the above-mentioned rate schedule, the City, attorney, or the third-party billing service shall hereby be authorized to Approved as to Form 2( November 27, 2017 tt ty orney ORDINANCE NO. 967 Y (Cont.) collect, in addition to the reasonable costs, reasonable interest, legal, and any other collection fees associated with collecting the said costs and fees as permitted by statute. Insured motorists will not be billed for fees in excess of the amount paid by the insured motorist's insurance carrier. § 16-36. Non-payment. In the event that any insurance carrier or person or persons should fail to pay any bill or invoice within 30 days of the mailing or delivery of such notice of charges, the City, attorney or the third-party billing agency who mailed or delivered the bill or invoice may enforce the provisions of this chapter by turning over to a third-party collection agency or, if deemed appropriate, may be enforced by filing a civil action at law in a court of competent jurisdiction for the collection of any amounts due to the City, together with statutory interest, court costs, collection fees and associated reasonable attorneys' fees if permitted by law. The City shall not be obligated to pursue collection efforts against any insurance company or person in the event that the City reasonably determines that collection efforts will not be successful or that the costs of collections will exceed the amount due hereunder. §16-37. No Refusal. Emergency services not to be refused for lack of insurance or ability to pay. Nothing in this chapter shall authorize any City department or City staff inember or department personnel to refuse or delay any rescue service to any person, firm, organization or corporation, due to the lack of insurance coverage or ability to pay for said rescue services. §16-38. Severability. The provisions of this chapter are severable. If any part of this chapter is declared to be unconstitutional, illegal or invalid, the validity of the remaining provisions shall be unaffected thereby. It is the intention of the Council of the City of Grand ORDINANCE NO. 9671 (Cont.) Island that this chapter would have been adopted had such unconstitutional, illegal or invalid part not been included. § 16-39. Effective Date. Sections 16-33 through 16-39 shall be effective from and after January 1, 2018. § 16-40. [Reserved] § 16-41. [Reserved] § 16-42. [Reserved] SECTION 2. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication in pamphlet form within fifteen days as provided by law. Enacted: December November 28, 2017. Attest: ��1� ��. RaNae Edwards, City Clerk 3 Jere . Je en yor �oFGRANp / .............. .s� c�:r�co���rF� �:20 *. _ ....... � * F s,. 4FC 10, �g1'��,.� •�. �. N�QRAS�P