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CITY COUNCIL OF THE CITY OF PLEASANTON <br /> <br />ALAMEDA COUNTY, CALIFORNIA <br /> <br />RESOLUTION NO. 80-199 <br /> <br />A RESOLUTION AUTHORIZING FIRE DEPARTMENT TO SEEK <br />REIMBURSEMENT FOR SPECIFIC SUPPRESSION COSTS <br /> <br />WHEREAS, <br /> <br />WHEREAS, <br /> <br /> and Safety Code, <br /> <br />in light of today's economy and the high cost of provid- <br />ing fire protection, alternative methods of funding must <br />be explored and implemented to help defray costs; and <br /> <br />reimbursement is available in specific instances for <br />suppression efforts by authority contained in Health <br /> Sections 13007-13009; and <br /> <br />WHEREAS, <br /> <br />Section 13009 states, "Any person who negligently, or in <br />violation of the law, sets a fire, allows a fire to be <br />set, or allows a fire kindled or attended by him to <br />escape onto any forest, range or non-residential grass- <br />covered land, is liable for the expense of fighting the <br />fire and such expense shall be a charge against that <br />person. Such a charge shall constitute a debt to such <br />person, and is collectible by the person, or by the <br />federal, state, county, public or private agency, <br />incurring such expenses in the same manner as in the case <br />of an obligation under a contract, expressed or implied." <br />and <br /> <br />WHEREAS, <br /> <br />after the fire liability has been assessed, a collection <br />procedure has been established which has been tested in <br />California courts and has been held to be valid. <br /> <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON RESOLVES <br />AS FOLLOWS: <br /> <br />Section 1: The City Council authorizes reimbursement of suppression <br /> costs as provided for in Health and Safety Code, Sections <br /> 13007-13009 and authorizes the use of the attached Activity <br /> Cost Report and the schedule of reimbursement rates. <br /> <br />Section 2: Authorizes an increase in reimbursement as cost of <br /> providing services increases due to changes in labor <br /> contracts, maintenance costs and the cost of fire vehicles. <br /> <br />Section 3: This resolution shall be effective immediately upon <br /> its final passage and adoption. <br /> <br />THIS RESOLUTION ADOPTED ON AUGUST 12, 1980 BY THE FOLLOWING VOTE: <br /> <br />AYES: Councilmembers - Butler, <br />NOES: None <br />ABSENT: Councilmember Kephart <br />ABSTAIN: None <br /> <br />Mohr, <br /> <br />Wood and Mayor Mercer <br /> <br /> <br />