AN ORDINANCE TO COLLECT FEES AND CHARGES FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES UNDER PUBLIC ACT 33 OF 1951, AS AMENDED, COMPILED LAWS 41.801, et seq.; TO IMPLEMENT THE INCORPORATION OF THE STOCKBRIDGE AREA EMERGENCY SERVICE AUTHORITY; TO DELEGATE TO THE SAID AUTHORITY THE POWER TO SET UNIFORM SCHEDULE OF FEES AND CHARGES; TO PROVIDE METHODS FOR THE COLLECTIONS OF SUCH CHARGES, APPEALS AND EXEMPTIONS THEREFROM: TO PROTECT THE HEALTH, SAFETY AND WELFARE OF THẸ TOWNSHIP INHABITANTS.
THE TOWNSIHIP OF WHITE OAK, LOCATED IN INGHAM COUNTY, MICHIGAN, ORDAINS:
SECTION 1. PURPOSE. This Ordinance is adopted to provide financial reimbursement to the Township (hereinafter “Municipality”) and the Stockbridge Area Emergency Service Authority for the furnishing of fire protection and emergency medical services from those receiving direct benefits from such service.
SECTION II. DEFINITIONS.
- “Fire Authority” or “Fire Department” shall mean the Stockbridge Area Emergency Service Authority, established pursuant to PA 57 of 1988, as amended.
- “Fire Protection and Emergency Medical Services” means coming to the scene of a fire or traffic/vehicular accident, or hazardous condition, or any investigation in connection with a fire, accident or hazardous condition. Rescue responses and other emergency responses are also included in this definition.
- “Person” means any individual, firm, corporation, association, partnership, trust, commercial entity, consortium, joint venture, limited liability company, government entity or any other entity of any sort.
SECTION III. BENEFITED PERSONS AND PROPERTIES. Fees and charges for fire protection and emergency medical services shall be made to the owners of the personal or real property to which the services are rendered per incident and to the persons benefited by the service. The fees and charges shall include the Municipality’s cost, current expenses and accrued fund charges, whether provided by contract special assessment, general taxation, or contributions to the STOCKBRIDGE AREA EMERGENCY SERVICE AUTHORITY, of fire and emergency medical services, plus the cost of administering the Ordinance. Where more than one property or person is involved or where there are more than one person who owns an individual property, all persons to whom services are rendered and all owners of properties benefited by such services shall be jointly and severally liable for the fees and charges.
SECTION IV. DELEGATION TO THE STOCKBRIDGE AREA EMERGENCY SERVICE AUTHORITY. The board of the STOCKBRIDGE AREA EMERGENCY SERVICE AUTHORITY, created under Act 57, Public Acts of Michigan, 1988, as amended (the “act”) and by the Articles of Incorporation of said Authority to which this municipality is a constituent or associated member, is hereby granted the right to establish, determine, revise, increase or decrease uniform just and reasonable rates, fees and charges for Fire Protection and Emergency Medical Services from time to time; to establish and determine different rates, fees and charges for Fire Protection and Emergency Medical Services for separates classes of users, based upon the type of incident, structure, vehicle, cause service provided, environmental response, or other reasonable distinctions and bases involved. The Authority shall bill and collect on behalf of the Municipality the fees, charges and rates so established from the persons and properties benefited. The Authority is authorized to deliver or cause to be delivered statements and billings to the persons and owner liable for the charges and fees. All foregoing charges shall be due and payable for service rendered and collected through the Authority. The interpretation and application of the payment for service within this Ordinance is hereby delegated to the Authority subject to appeal, within the time limits for payment to the Authority.
The Authority may proceed in court by suit to collect any monies remaining unpaid and shall have any and all other remedies provided by law for the collection of said charges.
SECTION V. EXEMPTIONS. The following properties and services shall be exempt from the foregoing charges: A Fire Protection and Emergency Medical Services involving the Municipality’s owned buildings, grounds and/or properties.
SECTION VI. APPEALS. Any person may appeal any statement of charges by filing a written appeal. The appeal shall be filed and received at the Authority’s office within twenty (20) days after delivery of a statement. The Authority shall notify the person or representative making the appeal of a time, place and date of a hearing on the appeal. The appeal shall be determined by the Authority Board. The Authority Board is authorized, in the discretion of the Authority Board, to waive or reduce a statement of charges: A Where there is unnecessary hardship or economic burden on the persons or owners liable for the charges. B Where the rendition of service was made in error at the request of a person or persons other than those liable for the charges, and there was not benefit given or received by the services. C Where there are other extenuating circumstances beyond the control of the persons and there was no benefit given or received by the services.
Following a decision of the Authority Board, such Person shall pay the charges, as may or may not be modified by the Authority Board, within fifteen (15) days of the decision made by the Authority Board.
SECTION VII. NON-EXCLUSIVE CHARGE. The rates and charges shall not be exclusive of the charges that may be made by the Municipality for the costs and expenses of providing fire protection and emergency medical, but shall only be supplemental thereto. Charges may additionally be collected by the Municipality through general taxation after a vote of the electorate approving the same or by special assessment established under the Michigan statutes pertinent thereto. General fund appropriations may also be made to cover such additional cost and expenses.
The recovery of charges and expenses imposed under this division shall not relieve or limit the liability of any Person under any other local ordinance, or state or federal law, rule or regulation.
SECTION VIII. ADMINISTRATIVE LIABILITY. No officer, official, contractor, agent, employee or member of the municipality (or any third party acting for the Municipality) shall be personally liable or responsible for any damage that may accrue to any Person as a result of any act or decision performed in the discharge of duties and responsibilities pursuant to this Ordinance.
SECTION IX. SEVERABILITY. Should any provision or part of the within Ordinance be declared by a Court of competent jurisdiction to be invalid or unenforceable, the same shall not affect the validity or enforceability of the balance of the Ordinance which shall remain in full force and effect.
SECTION X. REPEALER. All resolutions or ordinances in conflict (in whole or in part) with any provision of this Ordinance including, but not limited to, the Fire and Ambulance Fees Ordinance dated December 9, 1996, are hereby repealed to the extent of any such conflict.
SECTION XI. EFFECTIVE DATE. This Ordinance shall be effective upon the expiration of 30 days after this Ordinance or a notice of adoption of this Ordinance appears in the newspaper as provided by law.
As voted on this 11th day of August 2025:
Motion by: Trustee Diane Graf
Seconded by: Clerk Leela Vernon
Roll call vote as follows: Supervisor Dorwin Marshall – Yes, Clerk Leela Vernon – Yes, Treasurer Brigitte Doxtator – Yes, Trustee Diane Graf – Yes, Trustee John Kemler – Yes. Motion carried.
Certified by:
_____________________________________________ ___________________________
Leela A. Vernon, White Oak Township Clerk Date
