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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. Fire Department Structure Ordinance No. d ` ZO Page 1 of 3 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. Fire Department Structure Ordinance No. Page 2 of 3 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 Fire Department Structure Ordinance No. Page 3 of 3 THE CITY OF GEORG By: LtO WOOD Mayor