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Home My WebLink About2007 10 22 Public Hearing 500 First Reading of Ordinance Number 2007-28 Motor Vehicle Accident Fee COMMISSION AGENDA October 22. 2007 Regular Meeting Consent Informational Public Hearin X Re ular MGR. f/ /DEPT. Authorization ITEM 500 REQUEST: City Manager requests the City Commission approve first reading of Ordinance 2007-28 which establishes a Motor Vehicle Accident Fee in the City of Winter Springs and authorizes the City to impose said fee. PURPOSE: This agenda item is needed for the City Commission to consider approving first Reading of Ordinance 2007-28 which establishes a Motor Vehicle Accident (MV A) Fee and authorizes the City of Winter Springs to impose said fee. CONSIDERATIONS: Several major highways and collector roads, such as S.R. 417, S.R. 434, S.R. 17-92, Tuscawilla Road, and S.R. 419, run through our city limits. These roads bring thousands of transient motorists through the City every day. Relatedly, City of Winter Springs Emergency Response Personnel responds to approximately 150 vehicle accidents per year. Due to the number of motor vehicle accidents occurring in the City especially those involving transient non-Winter Springs taxpayers on the aforementioned highways and collector roads, the City has experienced an increased financial burden, unrelated to the routine law enforcement and emergency response services. Further, the City has experienced increased costs for the maintenance of services due to calls for MV A heavy rescue, hazard abatement, and hazard cleanup services. In an effort to recover costs incurred by the City associated these emergency response services, staff recommends implementation of a MV A fee. This fee is designed to recover the cost of providing law enforcement and emergency response services related to motor vehicle accidents, not to generate a profit of any type. Further, the fee is proposed to include the following provisions: . This fee shall be borne by the driver responsible for the motor vehicle accident. In the case of a motor vehicle accident where a no-fault declaration is made, the fee imposed shall be proportionately shared by all drivers involved in the motor vehicle accident. Drivers shall retain the right to have a court of competent jurisdiction determine which driver was at fault in causing the accident. . Any fee imposed under this section shall be charged to the insurance company of the driver responsible for the motor vehicle accident. However, in the case of a no-fault declaration, the charge shall be sent to all insurance companies of those involved for a determination of payment. In the event the responsible driver did not have insurance, the charge shall be sent directly to the driver. Many insurance companies currently collect a portion of premiums for covering fire department service fees. Similar fees have previously been adopted by the City's of Winter Park and Maitland. FUNDING: Proposed fees range from $435 to $2,100, depending upon the level of service provided as follows: Level Service provided Rate I Emergency response to an MV A where no injuries are found and scene $435 is secure of all hazardous conditions. All level 1 MV A response criteria and service including light victim $650 2 extrication where hand tools are used. Patients are transported by ground ambulance (fee not included). All level 2 MY A response criteria and service including heavy victim $1,800 3 extrication where hydraulic rescue tools are used. Patients are transported by ground ambulance (fee not included). All level 3 MV A response criteria and service including establishment $2, I 00 4 of a separate landing zone required when a patient is transported by an emergency helicopter to the hospital. 5 Any response to a vehicle fire not including those found to be a result $500 of a motor vehicle accident (MY A). For comparison, rates of neighboring cities that have this fee in place are as follows: Staff projects annual gross revenue of approximately $70,000 with an estimated 70% collection rate for a net revenue of approximately $49,000. Staff analysis indicates the cost of providing law enforcement and emergency response services for this purpose to well exceed the proposed fee charges. This fee schedule will be presented to the Commission for consideration of adoption via Resolution at final reading of this Ordinance. RECOMMENDATION: The City Manager recommends the City Commission approve first reading of Ordinance 2007-28 to establish a Motor Vehicle Accident Fee and authorize the City of Winter Springs to impose said fee. ATTACHMENTS: 1. Ordinance 2007-28. COMMISSION ACTION: ORDINANCE NO. 2007-28 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; ESTABLISHING A NEW ARTICLE IV IN CHAPTER 12 OF THE CITY CODE ENTITLED MOTOR VEHICLE ACCIDENT FEE; AUTHORIZING THE CITY TO IMPOSE MOTOR VEHICLE ACCIDENT FEES OR CHARGES WHICH SHALL BE ESTABLISHED OR MODIFIED FROM TIME TO TIME BY RESOLUTION OF THE CITY COMMISSION; PROVIDING THAT SAID FEES SHALL BE FOR THE PURPOSE OF RECOVERING COSTS ASSOCIATED WITH THE CITY PROVIDING EMERGENCY RESPONSE SERVICES TO VEHICULAR CRASHES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 166.201, Florida Statutes, provides that a municipality is authorized to establish user charges and user fees by ordinance and may enforce their receipt and collection in the manner prescribed by ordinance not inconsistent with law; and WHEREAS, the City desires to establish a user fee for the purpose of recovering costs associated with the city providing emergency response services to vehicular crashes; and WHEREAS, the City has experienced increased costs for the maintenance of its services due to increased calls for MV A heavy rescue, hazard abatement, and hazard cleanup services; and WHEREAS, several major highways and collector roads, such as S.R. 417, S.R. 434, S.R. 17-92, Tuscawilla Road, and S.R. 419, run through the city limits bringing thousands of transient motorists through the city every day; and WHEREAS, the city commission hereby finds that due to the increased number of motor vehicle accidents occurring in the city, especially involving transient non-Winter Springs taxpayers on the aforementioned highways and collector roads, has caused an increased financial burden and hardship on the city and its general taxpayers which is unrelated to the routine law enforcement and emergency response services provided to the citizens of Winter Springs; and WHEREAS, the city commission further finds that imposing a motor vehicle accident fee is necessary for the city to fund an adequate level of emergency response services at the scene of future motor vehicle accidents; and City of Winter Springs Ordinance No 2007-28 Page 1 of 4 WHEREAS, the city commission hereby finds that the fee or charge authorized by this ordinance is reasonably related to a service or benefit provided by the City during a vehicular crash; and WHEREAS, the city commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare ofthe citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Commission of the City of Winter Springs. Section 2. Code Amendment. Chapter 12, Motor Vehicles and Traffic, of the City Code IS hereby amended to add a new Article IV as follows: (underlined type indicates additions): CHAPTER 12 MOTOR VEHICLES AND TRAFFIC * * * Article IV. Motor Vehicle Accident Fee. Sec. 12-80 Motor Vehicle Accident Fees Established. .ill} Subiect to the provisions of this section. there is hereby imposed a user fee for emereency services provided bv the city's police and fire departments in response to a motor vehicle accident. The fee shall be referred to as the "Motor Vehicle Accident Fee." Any such fee or charge shall be established or modified from time to time by the city commission bv resolution and shall not exceed the actual cost incurred by the City to provide the emergency services to the motor vehicle accident. .au Any fee imposed under this section shall be bourne bv the driver responsible for the motor vehicle accident. In the case of a motor vehicle accident where a no-fault declaration is made. the fee imposed shall be proportionately shared by all drivers involved in the motor vehicle accident. Nothing herein shall be construed to limit or abrogate a person's right to have a court of competent iurisdiction determine which driver was at fault in causing the accident. City of Winter Springs Ordinance No 2007-28 Page 2 of 4 if). Anv fee imposed under this section shall be charged to the insurance company of the driver responsible for the motor vehicle accident. However. in the case of a no-fault declaration. the charge shall be sent to all insurance companies of those involved for a determination ofpavrnent. Further. in the event the responsible driver did not have insurance. the charge shall be sent directly to the driver. @ Anv fee imposed under this section shall be due and payable in accordance with the administrative rules and regulations adopted by the finance department. Said fees shall be subiect to a late fee of one and one-half 0.5) percent per month. not to exceed eighteen percent (18%) per annum. The City shall be entitled to recover all costs including. but not limited to. attorney's fees and/or collection service charges incurred in collecting delinquent fees or charges. W In consultation with the city manager. the city attorney is hereby authorized and empowered to enforce and defend the provisions ofthis section bv any lawful means and to institute actions for purposes of collecting any and all delinquent fees imposed hereunder. Nothing herein shall be construed to limit the city's ability to enforce the provisions. fees. and charges imposed hereunder by anv lawful means including. but not limited to. retaining the services of a duly qualified collection agency. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs, City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, and as provided by City Charter. [Adoption page Follows] City of Winter Springs Ordinance No 2007-28 Page 3 of 4 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of ,2007. John F. Bush, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No 2007-28 Page 4 of 4