HomeMy WebLinkAboutOrd 495-2010 Creation of a City Fire Dept.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 495-2010
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, PROVIDING FOR THE
ESTABLISHMENT OF THE POSITION OF FIRE CHIEF; PROVIDING FOR THE
CREATION OF A CITY FIRE DEPARTMENT; PROVIDING FOR MEMBERS OF THE
FIRE DEPARTMENT; PRESCRIBING QUALIFICATIONS FOR THE FIRE CHIEF AND
MEMBERS OF THE FIRE DEPARTMENT; PROVIDING AUTHORITY TO THE CITY
MANAGER TO APPOINT A FIRE CHIEF AND TO ENTER INTO AGREEMENTS AND
MODIFY EXISTING AGREEMENTS AS NECESSARY FOR OPERATIONAL
IMPLEMENTATION OF FIRE DEPARTMENT; PROVIDING FOR SAVINGS,
SEVERABILITY, AND REPEALER CLAUSES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, fire prevention, protection and suppression and emergency services needs
for the City of Anna, Texas ("City") is, in part, currently being provided by a nonprofit
corporation known as Anna Fire and Rescue, Inc., ("AFR"), which is the successor
organization of Anna Voluntary Fire Department, Inc., said previous organization also
having been known as "Anna Volunteer Fire Department" and referenced herein as
"AVFD"); and
WHEREAS, the City Council of the City of Anna, Texas ("City Council") has investigated
and determined that a City Fire Department within the authority of the City would be
beneficial to the City and its citizens, and that to accomplish this objective the City
Council desires to create by ordinance a new City Fire Department (referenced in this
ordinance as "Anna Fire Departmenf); and
WHEREAS, the City Council desires to create the Anna Fire Department in compliance
with the requirements of state law, including but not limited to Chapter 419 of the Texas
Gov't Code and the City of Anna, Texas Home-Rule Charter; and
WHEREAS, in response to the City's request for copies of all current and pending
contracts and agreements to which AFR is-or to which AVFD was-a party, AFR
provided the City with copies of multiple such agreements (collectively, "AFR
Contracts") ;
WHEREAS, the AFR Contracts will likely need to be amended, assigned, renewed,
terminated or otherwise modified in order that the Anna Fire Department be assigned
the rights and duties of AFR under such agreements, as appropriate and necessary;
and
WHEREAS, it is the City Council's intention that the City Manager be fully authorized on
behalf of the City to enter into and execute without further action by the Council-to the
extent lawful and subject to approval as to form by the City Attorney-all instruments
necessary to amend, assign, renew, terminate or otherwise modify any AFR Contracts
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for purposes of facilitating the objective of the Anna Fire Department becoming fully
operational on or near the target date set forth herein and eliminating any overlapping
duties or obligations as between the Anna Fire Department and AFR;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
Section 1. Recitals Incorporated
The above-referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Fire Chief
There is hereby created the position of Fire Chief, to be appointed by the City Manager.
Such Fire Chief shall have no term of office, but will serve in an at-will capacity. The Fire
Chief shall fulfill all responsibilities pertaining to the Anna Fire Department and
supervise the day-to-day operations of the Anna Fire Department and report directly to
and be accountable to the City Manager. The Fire Chief shall have authority to take
verbal or written disciplinary action with regard to any member of the Anna Fire
Department, whether paid or unpaid, who fails to comply with the rules, regulations or
procedures of the Anna Fire Department or the City, subject to the City's personnel
regulations, approval of the City Manager, and compliance with all applicable law. The
City Manager, after conSUltation with the Fire Chief, shall impose any and all discipline
of members of the Anna Fire Department in excess of a verbal or written reprimand to
include: suspension, demotion, or termination. The City Manager shall have the
authority to impose all disciplinary action with regard to the Fire Chief.
Section 3. Anna Fire Deparbnent Established
There is hereby created and established for the City, the Anna Fire Department to be
supervised by the Fire Chief. The Anna Fire Department shall provide fire protection
and emergency services to persons and property within the corporate limits of the City
and will extend its coverage to additional areas in accordance with the City's current
and future agreements for provision of said services.
Section 4. Members of the Anna Fire Deparbnent
The members of the Anna Fire Department, other than the Fire Chief, shall be selected
by the Fire Chief in consultation with the City Manager, who shall at all times have the
authority to remove the Fire Chief or any other member of the Anna Fire Department.
The Anna Fire Department's members may be full-time, part-time, and volunteer
positions as directed by the City Manager. The membership, positions and structure of
the Anna Fire Department shall be as implemented by the City Manager in consultation
with the Fire Chief, with the City Manager and Fire Chief establishing written job
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descriptions for each position and an organizational chart setting forth the chain of
command within the Anna Fire Department.
Section 5. Oath
The Fire Chief and each member of the Anna Fire Department shall, before undertaking
his or her duties, subscribe to an oath that he/she will faithfully, without fear or favor,
perform the duties of his/her position.
Section 6. Certifications and Qualifications
6.01 General
The Fire Chief and each member of the Anna Fire Department shall be certified as a fire
fighter by and pursuant to the standards of the Texas Commission of Fire Protection
("Commission"), under Chapter 419, Texas Government Code, and all other applicable
law, and must be trained, tested and certified by the Commission to these same
standards. Each member of the Anna Fire Department must further have attained all
additional qualifications required under any applicable law for the position held by such
member.
6.02 Appoinbnent of Fire Chief
An individual seeking appointment to the head of the Anna Fire Department as Fire
Chief must be eligible to be certified as set forth in Section 6.01 above at the time of the
appointment or will become eligible to be certified within one year of the appointment
and must submit an affidavit verifying eligibility status at the time of the appointment if
not holding a Commission certification.
In addition, the individual seeking an appointment as Fire Chief must:
(1) Hold a certification as a fire protection personnel in any discipline that has a
Commission-approved curriculum that requires a structural fire protection
personnel certification and five years experience in a full-time fire suppression
position; or
(2) an individual from another jurisdiction who possesses valid documentation of
accreditation from the International Fire Service Accreditation Congress that is
deemed equivalent to the Commission's approved basic fire suppression
curriculum and provide documentation in the form of a sworn non-self-serving
affidavit of five years experience in a full-time fire suppression position; or
(3) provide documentation in the form of a non self-serving sworn affidavit of ten
years experience as an employee of a local governmental entity in a full-time
structural fire protection personnel position in a jurisdiction other than Texas; and
successfully pass a Commission "Head of Department" examination as specified
in 37 Texas Administrative Code Chapter 439; or
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(4) provide documentation in the form of a sworn non-self-serving affidavit of ten
years of experience as a certified structural part-time fire protection employee; or
(5) provide documentation in the form of a sworn non-self-serving affidavit of ten
years experience as an active volunteer fire fighter in one or more volunteer fire
departments that meet the requirements of 37 Texas Administrative Code
§449.3(b) and successfully pass a Commission "Head of Department"
examination as specified in 37 Texas Administrative Code Chapter 439.
Section 7. Uniforms
After consultation with and recommendations by the Fire Chief, the City Manager shall
prescribe the uniform and badges for the Fire Chief and the members of the Anna Fire
Department
Section 8. Pending Agreements
The City Manager is hereby authorized without further action by the City Council to
enter into and execute on behalf of the City any and all agreements-subject to
approval as to form by the City Attorney and to the extent permitted by law-and to take
any additional actions necessary to amend, assign, renew, terminate or otherwise
modify any AFR Contracts, and other agreements to which the City is currently a party
or may become a party, for the purposes of facilitating the objectives of: (1) the Anna
Fire Department becoming fully operational on or near the Target Date set forth in the
following section; and, (2) eliminating any overlapping services, duties or obligations as
between the Anna Fire Department and AFR.
Section 9. Anticipated Start of Operations
It is anticipated that the Anna Fire Department shall become fully operational to provide
the services referenced in Section 3 of this ordinance on or about the 1st day of July,
2010 (the "Target Date"). No further action by the City Council shall be necessary for
the Anna Fire Department to become operational. However, notwithstanding any
provision of this ordinance, the City Council may at any time take any official action it
deems necessary and appropriate with respect to the Anna Fire Department, subject to
the City's Home-Rule Charter and applicable law.
Section 10. Budget Amendments
If any budget amendments should become necessary as a result of the creation of the
Anna Fire Department, the City Manager or his designee shall present any such
proposed budget amendments to the City Council as soon as practicable after
discovering the need of the same.
Section 11. Reserved
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Section 12. Reserved
Section 13. Savings, Severability and Repealing Clauses
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
the same as if such invalid or unconstitutional provision had never been a part hereof.
The City declares that it would have passed this ordinance, and each section,
subsection, sentence, clause, or phrase thereof irrespective of the fact that anyone or
more sections, subsections, sentences, clauses, and phrases be declared
unconstitutional or invalid.
Section 14. Publication of the Caption Hereof and Effective Date
This ordinance shall be in full force and effective from and after its passage and upon
the posting and/or publication, if required by law, of its caption and the City Secretary is
hereby directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this 27th day of April 2010.
ATTESTED:
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