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HomeMy WebLinkAboutOrdinance No. 33M ORDINANCE NO. 33 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, CREATING A VOLUNTEER FIRE DEPARTMENT; PROVIDING FOR THE DUTIES OF THE VOLUNTEER FIRE DEPARTMENT; PRO17IDING FOR THE SELECTION OF THE MEMBERS OF THE VOLUNTEER FIRE DEPARTMENT; PROVIDING FOR THE SELECTION OF THE FIRE CHIEF OF THE VOLUNTEER FIRE DEPART- MENT; PROVIDING FOR THE DUTIES OF THE OFFICERS OF THE VOLUN- TEER FIRE DEPARTMENT; PROVIDING OTHER REGULATIONS FOR THE ORGANIZATION AND OPERATION OF THE VOLUNTEER FIRE DEPARTMENT; PROVIDING FOR THE DEEDING OF THE PROPERTY, EQUIPMENT, AND BUILDING OF THE COLONY VOLUNTEER FIRE DEPARTMENT TO THE CITY OF THE COLONY; PROVIDING FOR THE CITY OF THE COLONY'S ASSUMING FINANCIAL RESPONSIBILITY FOR THE COLONY VOLUNTEER FIRE DEPART- MENT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING A14 EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF THE COLONY, TEXAS: SECTION 1. The City of The Colony hereby creates The Colony Volunteer Fire Department. SECTION 2. The duties of The Colony Volunteer Fire Department shall include, but not be limited to, the fighting of fires, the providing of emergency rescue and ambulance services; the providing of general and specific fire prevention services and enforcement, and any and all related activities that may be prescribed from time to time by the Board of Aldermen. SECTION 3. The Board of Aldermen shall and hereby does appoint as the initial members of the Volunteer Fire Department of the City, the current membership of the Volunteer Fire Department currently existing within the City. At the first meeting of the Volunteer Fire Department after the appointment of the initial members by the Board of Aldermen, the initial members of the Volunteer Fire Depart- ment shall, by majority vote of the members present and voting, adopt a constitution and by-laws of the Volunteer Fire Department, not inconsistent with Title 28 of the Texas Civil Revised Statutes or the ordinances of this City. The constitution and by-laws of the Volunteer Fire Department shall prescribe the manner in which membersof the Volunteer Fire Department shall be selected and re- moved and the manner in which the Fire Chief shall be selected and removed and may include other provisions for the internal regulation of the Volunteer Fire Department. The Constitution and by-laws of the Volunteer Fire Department may be amended or repealed by a majority vote of a quorum of the active members of the Volunteer Fire Department present and voting at any meeting of the Volunteer Fire Department, but only if written notice of the date, time, and place of the meeting, together with a written copy of the proposed amendment or repeal of the constitution or by-laws, has been mailed or delivered to each active member of the Volunteer Fire Department at least five (5) days before the meeting. Any provision of the constitution or by-laws of the Volunteer Fire Department which pre- scribes the manner of selection of the Fire Chief must be approved by the Board of Alderman before the provision shall become effective. The Volunteer Fire Department shall file and keep current with the City Administrator the constitution, by-laws, and all rules, regulations, and operating procedures used by the Volunteer Fire Department. SECTION 4. The Fire Chief shall be the administrative and oper- ational head of the Volunteer Fire Department. To promote coopera- tion and efficient operation of all fire -fighting activities between the Volunteer Fire Department and the City, the Fire Chief and the City Administrator shall formulate and draft written procedures for the operation of the fire -fighting activities which shall include, but shall not be limited to: SECTION 4. Continued. A. Coordination of notices and procedures to be used by the Volunteer Fire Department for the safe and efficient mainten- ance of fire -fighting equipment. B. Development of effective emergency fire and ambulance noti- fication and logging procedures for use by the Volunteer Fire Department. C. A listing of all persons authorized to maintain and use fire- fighting equipment related thereto. D. Procedures to be used by the Volunteer Fire Department for the submission of purchase orders and the approval required before such purchase order is actionable. E. Procedures required for the trading and selling of fire- fighting equipment and equipment related thereto owned by the City. The above procedures and any additional procedures deemed necessary shall at all times be available for inspection at the Fire Hall and the City Hall. Changes in said procedures must be approved by the Fire Chief and the City Administrator. The Fire Chief shall have the responsibility of training and supervising all members of the Voulunteer Fire Department in the discharge of their duties. The Fire Chief shall have the authority to make any and all duly authorized budgeted operational expenditures on behalf of the Volunteer Fire Department as the Board of Aldermen either' acting on its own or through the City Administrator may direct. The City Administrator shall act as the purchasing agent for the Volunteer Fire Department for any purchases of equipment other than normal budgeted operating expenses from funds provided by the City. SECTION 5. The Mayor shall commission the Fire Chief before the Fire Chief shall enter into the discharge of his duties. SECTION 6. Before June 1 of each year, the Fire Chief shall submit to the City Administrator a proposed budget for the operation and maintenance of the Volunteer Fire Department, including all pro- posed revenue and expenditures for the succeeding fiscal year. The Board of Aldermen shall have the sole responsibility for making any amendments to said recommended budget and adopting a final fire- fighting -emergency ambulance budget. SECTION 7. The Fire Chief may require the members of the Volunteer Fire Department to take physical examinations in the scope and at reasonable time intervals as determined by the Fire Chief. If a member of the Volunteer Fire Department fails a physical examination or refuses to take a physical examination upon the request of the Fire Chief, the person automatically ceases to be a member of the Volunteer Fire Department unless and until the person signs and files with the Board of Aldermen a release from liability, in a form which has been approved by the Attorney for the City, executed in favor of the City of The Colony and the Volunteer Fire Department for injuries or death which may be sustained in the course of the discharge of his duties as a member of the Volunteer Fire Department. If the Fire Chief, as a result could be an unnecessary hazard to other members in the Volunteer Fire Department or citizens, he may dismiss the volunteer pertaining thereto. Any physical examination required by the Fire Chief shall be at the expense of the City of The Colony. SECTION 8. All emergency fire -fighting equipment, emergency medical equipment, Volunteer Fire Department building and property shall be the property of the City of The Colony. The Fire Chief is authorized to accept contributions to the Volunteer Fire Department. All contributions of fire -fighting or emergency medical equipment or equipment purchased with donations and all other contributions expressly made to the City of The Colony shall become the proper=ty SECTION 8. Continued. of the City of The Colony. All other contributions shall become the property of the Volunteer Fire Department for the use and benefit of the Volunteer Fire Department and its members and shall be expended in the manner prescribed by the constitution and by- laws of the Volunteer Fire Department. SECTION 9. This ordinance shall become effective immediately from and after its passage as the law in such cases provides. SECTION 10. Severability and Savings Clause. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto to any person or circumstances is held invalid or unconstitutional by a Court of competent jur- isdiction such holding shall not affect the validity of the remaining portions of the Ordinance; and the Board of Aldermen hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining protions shall remain in full force and effect. PASSED AND APPROVED this the _day of ATTEST: CiW Secretary, City of (SEAL) 1978 Mayor, City of T e Colony, Texas V e Colony, Texas