[Adopted 5-1-2000 by Ord. No. 2-2000]
The Treasurer of the Borough of Towanda, Pennsylvania (hereinafter
referred to as "Borough Treasurer") is hereby designated to perform
all duties assigned by Section 508 of the Insurance Company Law of
1921, 40 P.S. § 638, in connection with the issuance of
fire loss certifications and collection of funds paid by insurers
in settlement of outstanding municipal taxes and claims against fire-damaged
buildings or structures located within the Borough of Towanda, Pennsylvania
(hereinafter referred to as "Borough of Towanda") for the collection
of funds paid by insurers as security against the total cost incurred
by said Borough for removing, repairing or securing of fire-damaged
buildings or structures located within the Borough of Towanda, for
the establishment and administration of a separate account for deposit
of such security funds and for the distribution of such security funds.
When the loss agreed to between the named insured and the company,
association or exchange that has insured a building or other structure
located in the Borough of Towanda against fire damage equals or exceeds
60% of the aggregate limits of liability on all fire policies covering
the building or other structure, the insurance company, association
or exchange shall transfer from the insurance proceeds to the Borough
Treasurer in the aggregate $2,000 for each $15,000 and each fraction
of that amount of a claim, or, if at the time of a loss report the
named insured has submitted a contractor's signed estimate of
the costs of removing, repairing or securing the building or other
structure in an amount less than the amount calculated under the foregoing
transfer formula, the insurance company, association or exchange shall
transfer from the insurance proceeds the amount specified in the estimate.
The transfer of proceeds shall be on a pro rata basis by all companies,
associations or exchanges insuring the building or other structure.
The named insured may submit a contractor's signed estimate of
the costs of removing, repairing or securing the building or other
structure after the transfer, and the Borough Treasurer shall return
the amount of the fund in excess of the estimate to the named insured
if the Borough of Towanda has not commenced to remove, repair or secure
the building or other structure.
[Added 7-10-2006 by Ord. No. 3-2006]
A. The Borough previously created the Towanda Fire Department presently
operating under the jurisdiction of the Borough.
B. The Borough wishes to provide for reimbursement to the Fire Department
for any and all costs and/or expenses incurred by the Department which
may be obtainable by the Department by claims submitted to the individual
property owners' insurance carrier.
C. It is the finding of the Council of the Borough of Towanda, Pennsylvania,
that individual property owners may maintain insurance coverage within
their own casualty insurance policies, homeowners' policies and/or
other applicable policies that would provide reimbursement to the
Fire Department for fire fighting and other services rendered to the
individual property owners' properties in response to emergency
service requests.
D. The Department is hereby authorized and directed, by and through
its officers and authorized representatives, to ascertain what insurance
coverages may be applicable and available under any given circumstance,
and to take all necessary and affirmative steps to apply for and receive
reimbursement from any insurance carrier where a property owner is
or may be insured to reimburse the Department for any cost and/or
expense incurred for services, supplies and/or equipment used for
or provided to the property owner by the Department.
E. The term "fire" shall include any fire and any occurrence which causes
the Towanda Fire Department to provide fire protection or other services
to the affected property.