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HomeMy WebLinkAboutOrdinance No. 48ORDINANCE NO. AN ORDINANCE OF THE CITY OF THE COLONY ESTABLISHING A VOLUNTEER FIRE DEPARTMENT, PROVIDING FOR ITS MEMBERSHIP, ORGANIZATION, DUTIES AND PENALTIES. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF THE COLONY, TEXAS: SECTION 1. A Volunteer Fire Department to be known as The Colony Volunteer Fire Department is hereby established. SECTION 2. The duties of The Colony Volunteer Fire Depart- ment 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 City Administrator. SECTION 3. The Chief of the Colony Volunteer Fire Depart- ment and the City Administrator shall establish standard opera- ing procedures to be adopted by the Board of Aldermen, under which the Department shall operate. SECTION 4. The Colony Volunteer Fire Department shall be composed of personnel that have volunteered to join the organi- zation and whose applications for membership have been accepted and approved by the Chief of the Department and the city Administrator and who have complied with all the rules, regu- lations and orders for the conduct and control of the members thereof. It shall be composed of not more than 40 members. SECTION 5. Application for membership in The Colony Volunteer Fire Department shall be filed with the Fire Depart- ment. Such application shall be on a form prescribed by the Chief of The Department and approved by the City Administrator, and shall state the residence of the applicant. SECTION 6. Selection of candidates for The Colony Volunteer Fire Department shall be as follows: A. The Chief of the Department shall be selected by the Board of Aldermen upon the recommendation of the City Administrator. B. Officers of the Department shall be selected by the Chief of the Department with approval of the City Administrator . C. All other personnel shall be selected by the Chief of the Department with approval of the City Administrator. SECTION 7. Organization of The Colony Volunteer Fire Department shall consist of a Chief, Assistant Chief, Captain, two Lieutenants, and Ambulance Director, a volunteer Fire Marshal, a Training Officer and what other positions that may be deemed necessary by the Fire Chief and approved by the City Administrator. Job descriptions for these positions shall be included in the operating procedures adopted by the Board of Aldermen. SECTION 8. Membership of any person in The Colony Volun- teer Fire Department may be terminated by the Chief of the Department with approval of the City Administrator at any time for any cause deemed sufficient by the Chief, and any member may resign from the Department, at any time, but it shall be his duty to notify the Chief of his resignation. Membership of the Chief of the Department may be terminated by the City Adminis- trator with approval of the Board of Aldermen at any time for SECTION 8. any cause deemed sufficient by the City Administrator. The Colony Volunteer Fire Department members shall serve under the personnel policies established by the Board of Aldermen where they can be applied to volunteer personnel. SECTION 9. The Mayor shall commission the Fire Chief be- fore the Fire Chief shall enter into the discharge of his duties. SECTION 10. The Fire Chief shall be the administrative and operational head of the Volunteer Fire Department. He shall work under the direction of the City Administrator and shall operate in accordance with procedures outlined for his department as well as all other departments of the City. The Fire Chief shall further operate his Department under procedures established by the Chief and approved by the City Administrator and the Board of Aldermen. SECTION 11. Before June 1, of each year, the Fire Chief shall submit to the City Adminsitrator a proposed budget for the operation and maintenance of the Colony Volunteer Fire Department including all proposed revenue and expenditures for the succeeding fiscal year. The City Administrator will then accept or amend the recommended budget and present it to The Board of Aldermen for final adoption. The Fire Chief will then operate under this budget through purchasing procedures established by the City Administrator and approved by the Board of Aldermen. SECTION 12. The Fire Chief may require the members of the Volunteer Fire Department to take physical examinations in such scope and at such reasonable time intervals as may be determined by the Fire Chief. If a member of the Volunteer Fire Department fails a physical examination or refuses to take a physical exam- ination upon the request of the Fire Chief, the person automatically ceases to be a member of the Volunteer Fire Department. Any physical examination required by the Fire Chief shall be at the expense of the City of The Colony. SECTION 13. 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 Department. All contributions of fire fighting or emergency medical equipment purchased with donations and all other contributions expressly made to the City of The Colony shall become the property of The C ity of The Colony. SECTION 14. The Chief of The Colony Volunteer Fire Department shall have the powers and perform the duties as prescribed by the laws of the state of Texas and by the ordinances of the City of The Colony, Texas. SECTION 15. The Chief of The Colony Volunteer Fire Department may appeal any decision of the City Administrator to the Board of Aldermen should he feel it is in the best interest of the Colony Volunteer Fire Department and the City of The Colony. SECTION 16. This ordinance shall become effective immediately from and after its passage as the law in such cases provides. SECTION 17. Severability and Savings Clause. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto to any person or circum- stances is held invalid or unconstitutional by a Court of competent jurisdiction 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 portions shall remain in full force and effect. SECTION 18. REPEAL CLAUSE. All with this ordinance are hereby repealed hereby specifically repealed. -2- ordinances in conflict and Ordinance #33 is APPROVED AS TO FORM: CITY ATTORNEY APPROVED: WILLIAM J. NG0, MA OR ATTEST: a Lei cz— JA ICE CARROLL, CITY SECRETARY