[HISTORY: Adopted by the Board of Commissioners of the Township of Reserve as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-30-1992 by Ord. No. 518]
The above whereas clauses set forth herein are incorporated by reference thereto.[1]
[1]
Editor's Note: Said "whereas" clauses provide as follows:
Whereas, the Township of Reserve has within its Township boundaries certain volunteer fire companies, and
Whereas, the Township of Reserve supports the same financially, and
Whereas, the Township of Reserve recognizes the necessity of maintaining the financial integrity of the various fire companies, and
Whereas, some of said fire companies are equipped to utilize foam and/or other catastrophic hazardous abatement materials as a means of catastrophic prevention, and
Whereas, the purchase of said foam and/or other catastrophic hazardous abatement materials is a high and unusual expense for each fire company, and
Whereas, the necessity of dispensing the same usually results from an act of negligence, and
Whereas, the volunteer fire companies have requested the Board of Commissioners of the Township of Reserve to authorize said fire companies to effectuate a recovery for the cost of said foam and/or other catastrophic hazardous abatement materials when its utilization is the result of an act of negligence, and
Whereas, frequently, said actor has insurance coverage to effectuate the cost of the recovery of said foam and/or other catastrophic hazardous abatement materials by the fire companies, and
Whereas, the fire companies request has been presented to the Board of Commissioners, and
Whereas, the Board of Commissioners has referred the same to the Township Solicitor Brian Ludwig, and
Whereas, the Board of Commissioners has recommended the authority of the Reserve Township Volunteer Fire Companies to utilize said foam and/or other catastrophic hazardous abatement materials and attempt to effectuate the recovery of the cost thereof, and
Whereas, Solicitor Brian Ludwig, has advised the Board of Commissioners of the Township of Reserve, that it is his legal opinion that they have the authority to authorize the utilization of said foam and/or other catastrophic hazardous abatement materials and the power to authorize the various fire companies to attempt to effectuate the recovery of the cost thereof in the event the dispensing of the same is required as a result of an act of negligence.
Now, therefore, be it ordained and enacted by the Board of Commissioners of the Township of Reserve and it is hereby ordained by and with the authority of the same.
The Board of Commissioners of the Township of Reserve does hereby authorize the Reserve Volunteer Fire Department to attempt to effectuate a recovery of the cost of said foam and/or other catastrophic hazardous abatement materials from any actor necessitating the dispensing thereof when said actor's negligence caused the necessitous use of said foam and/or materials.
The Reserve Volunteer Fire Department shall have the authority to bill either an individual, partnership, corporation (profit or nonprofit), or municipal subdivision.
The Reserve Volunteer Fire Department shall have the authority to bill a neighboring municipality for the utilization of said foam and/or other catastrophic hazardous abatement materials when the dispensing thereof has been requested by said municipality regardless of whether the cause of said dispensing has been an act of negligence.
In the event that an obligor fails to pay the statement for foam and/or other catastrophic hazardous abatement materials dispensed, the proper officers and officials of the Reserve Volunteer Fire Department are hereby authorized to commence the appropriate civil action in order to effectuate a recovery of the same and may utilize the offices of the local Magisterial District Judge or the Civil Division of the Court of Common Pleas of Allegheny County, Pennsylvania in order to effectuate a recovery of the cost of the foam and/or other catastrophic hazardous abatement materials proper interest and court costs.
Any ordinance or part of ordinance conflicting with the provisions of this article be and the same are hereby repealed to the extent of said conflict.