HomeMy WebLinkAboutORD 97-20 - Fire Department StructureORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS AMENDING CHAPTER 2.28 OF THE CODE OF
ORDINANCES OF THE CITY OF GEORGETOWN, TEXAS, RELATING TO
FIRE DEPARTMENTS; REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council finds that the current Fire Department ordinance does
not reflect the present physical make-up of the Fire Department; and
WHEREAS, the City Council finds that there is a need for the provision for continuity
of process in the Fire Department; and
WHEREAS, the City Council recognizes the need for transition from a Volunteer Fire
Department to a combination Fire Department; and
WHEREAS, the City Council seeks to assure the best fire protection possible for the
citizens of Georgetown,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS, THAT:
SECTION 1. The facts and recitations contained in the preamble of this ordinance
are hereby found and declared to be true and correct, and are incorporated by reference
herein and expressly made a part hereof, as if copied verbatim. The City Council hereby
finds that this ordinance implements Economic Development Policy 1 of the Century Plan -
Policy Plan Element, which states: "The City will encourage diversified growth and promote
business opportunities to create jobs, broaden the tax base and minimize the impact of
economic fluctuations"; Facilities and Services Policy 1, End C of the Century Plan - Policy
Plan Element, which states: "The City should ensure that all sectors of the City are served
by an adequate level of fire protection that meets the lowest key rate standard set by the
State Board of Insurance"; and further finds that the enactment of this ordinance is not
inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03
of the Administrative Chapter of the Policy Plan.
SECTION 2. Chapter 2.28 of the Code of Ordinances of the City of Georgetown,
Texas is hereby amended to read as follows:
Section 2.28.010 Establishment.
A. There shall be maintained a Fire Department to provide a means for protection
against conflagrations and other emergencies and the City shall provide for the
maintenance, support, and regulation of the Fire Department.
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B. The Georgetown Fire Department is established. It shall be composed of various
member groups, including, but not limited to, paid, volunteer, part-time and auxiliary
firefighters and/or support staff, as well as civilian personnel.
Section 2.28.20 Constitution and bylaws for volunteer force.
A. In addition to provisions of this chapter outlining the establishing of the Fire
Department, authority is granted for a constitution and bylaws of the volunteer force to be
developed by the volunteer firefighters' force as it currently exists or may be amended in
the future.
B. The constitution and bylaws shall serve to govern the °volunteer firefighters'
force" non -emergency business and social activities, and shall be a guidance document
consistent with all Federal, State, and local laws, ordinances and/or regulations. A copy of
the constitution and bylaws document and any and all changes thereto shall be furnished
to the Fire Chief and the City Manager for approval. The Volunteer Firefighter Force
Constitution and Bylaws document is subject to review and change at any time, at the
request of the Fire Chief.
Section 2.28.30 Fire Chief.
A. The office of the Fire Chief is created. The Fire Chief, otherwise known as the
Director Of Fire Services, is to have control of the Fire Department. The Fire Chief shall
be appointed by the City Manager.
B. All members of the Georgetown Fire Department, whether paid, volunteer, part-
time, auxiliary, support staff, or civilian, shall be under the command of the Fire Chief or
his designee, and subject to all of the provisions of the Constitution and laws of the State
of Texas, the City Charter and the ordinances of the City, and the provisions of this chapter.
C. The Fire Chief, or his designee, is given the authority to commission all officers
and firefighters and to activate their services when necessary.
D. The Fire Chief, or his designee, shall develop, maintain and implement standard
operating procedures, rules, regulations and/or written Department Operating Policies for
the Department, a copy of which shall be located at each fire station in the City.
E. The Fire Chief, or his designee, shall determine the chain of command, and cause
such to be recorded in the written Department Operating Policies.
F. In case of fire or other emergencies, the Fire Chief, or his designee, shall
assume control and be in command of the incident. In the absence of The Fire Chief, or
his designee, the chain of command as established by the written Department Operating
Policies shall determine what officer is to assume authority and responsibility.
Section 2.28.040 Fire Marshal.
The office of the Fire Marshal is created. The Fire Marshal, or his designee, shall
perform such duties as prescribed by law and by ordinance, and shall be the authority
having jurisdiction in Arson, Fire Prevention and/or Fire Code matters. The Fire Marshal
shall report directly to the Director of Fire Services.
Section 2.28.050 Acceptance of donations and/or contributions.
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The Georgetown Fire Department volunteer force membership is authorized to
accept donations or contributions on its behalf for its volunteer services. The volunteer
force has the authority to hold fund raising events as approved by a majority of the
volunteer force membership, and the Fire Chief, provided that the Fire Chief has final and
ultimate authority to approve each fund raising event, donations and/or contributions.
SECTION 3. All ordinances and resolutions, or parts of ordinances and resolutions,
in conflict with this Ordinance are hereby repealed, and are no longer of any force and
effect.
SECTION 4. If any provision of this ordinance, or application thereof, to any person
or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance which can be given effect without the invalid provision
or application, and to this end the provisions of this ordinance are hereby declared to be
severable.
SECTION 5. The Mayor is hereby authorized to sign this ordinance and the City
Secretary to attest. This ordinance shall become effective and be in full force and effect
in (10) ten days on and after publication in accordance with the provisions of the Charter
of the City of Georgetown.
PASSED AND APPROVED on First Reading on the day of ITI&r 1997.
PASSED AND APPROVED on Second Reading on the L day of A'!"),
1997.
ATT T:
3 p
Sandra Lee
City Secretary
iviananne Lanaers banKS
City Attorney
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THE CITY OF GEORG
By: LtO WOOD
Mayor