Ordinance 2017-24: User Fee for Emergency Rescue Services

ORDINANCE NO. 2017 -24

AN ORDINANCE AMENDING SECTION 5 OF ORDINANCE NO. 2007-30

AND AMENDING ORDINANCE NO. 2010-13 ESTABLISHING A PROGRAM TO

CHARGE A USER FEE FOR THE DELIVERY OF EMERGENCY MEDICAL

RESCUE SERVICES PROVIDED BY THE VILLAGE OF ANTWERP EMS,

AND DECLARING THE SAME AN EMERGENCY

 

WHEREAS, the Council of the Village of Antwerp, Ohio, adopted an ordinance establishing a program to charge a user fee for the delivery of emergency medical rescue services provided by the Village of Antwerp EMS, said ordinance designated as Ordinance No. 2007-30 and passing by a majority vote of the Council of the Village of Antwerp, Ohio, after three (3) readings, on December 26, 2007; and

 

WHEREAS, the Council, by way of Ordinance No. 2007-30, established a section, specifically Section 5, providing amounts to be placed into the EMS Vehicle Replacement Fund from each user fee collected; and

 

WHEREAS, the Council of the Village of Antwerp, Ohio, adopted an ordinance amending Section 5 of Ordinance No. 2007-30 to increase the amount placed into the EMS Vehicle Replacement Fund, said ordinance designated as Ordinance No. 2010-13 and passing as an emergency measure and by a majority vote of the Council of the Village of Antwerp, Ohio, on June ______, 2010; and

 

WHEREAS, the Council has discovered a scrivener’s error as to the amount to be placed in the EMS Vehicle Replacement Fund of the user fee collected as set forth in Section 5 of Ordinance No. 2007-30 and Ordinance No. 2010-13, specifically that the amount to be placed in the EMS Vehicle Replacement Fund of the user fee collected should not have included an exception for those user fees collected from partial payments, Medicare or Medicaid, and in order to correct this scrivener’s error, the Council of the Village of Antwerp amends Section 5 of Ordinance No. 2007-30 and Ordinance No. 2010-13 as provided herein.

 

NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Antwerp, County of Paulding, State of Ohio:

 

Section 1.  That Ordinance No. 2010-13 amending Section 5 of Ordinance No. 2007-30 establishing a program to charge a user fee for the delivery of emergency medical rescue services provided by the Village of Antwerp EMS and Section 5 of Ordinance No. 2007-30 is amended to read as follows:

 

“Section 5.  That all amounts collected as a result of Ordinance No. 2007-30 shall be placed into the fund(s) established by the Fiscal Officer as follows:  $75.00 of each user fee collected shall be placed into a Vehicle Replacement Fund and the remainder shall be placed into the EMS Revenue Fund.  A transfer shall be done once or twice yearly from the EMS Revenue Fund to the Vehicle Replacement Fund.”

Section 2.  Previous ordinances and/or any portions thereof, including Section 5 of Ordinance No. 2007-30 and Ordinance No. 2010-30, and rules of the Village of Antwerp that are not consistent with this Ordinance are hereby set aside, revoked and held for naught.”

 

Section 3.  It is found and determined that all formal actions of the Council concerning or relating to the passage of this Ordinance were adopted in an open meeting of the Council, and that all deliberations of the Council and any of its committees that resulted in such formal actions, were in meetings open to the public, in compliance with all legal requirements including all lawful ordinances and any applicable provisions in Section 121.22 of the Ohio Revised Code.

 

Section 4.  This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public health, safety and welfare of the Village in that it is necessary to amend Section 5 of Ordinance No. 2007-30 and Ordinance No. 2010-13 in  order to correct the scrivener’s error identified herein, and this Ordinance shall be in full force and effect immediately after its passage; otherwise, it shall take effect and be in force after the earliest period allowed by law.

 

Section 5.  This Ordinance shall be retroactive and take effect as of the date of passage of Ordinance No. 2007-30 to allow those funds deposited into the EMS Vehicle Replacement Fund since the inception of such Fund to include those deposited from user fees collected from partial payments, Medicare or Medicaid.  All acts of the Fiscal Officer and EMS Clerk taken with regard to the EMS Vehicle Replacement Fund from the effective date of Ordinance No. 2007-30 to the effective date of this Ordinance are hereby ratified and confirmed.

 

 

PASSED this _____ day of ______________, 2017.

 

 

 

Mayor, Village of Antwerp

 

 

Attest:

 

 

_______________________________

Fiscal Officer, Village of Antwerp