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HomeMy WebLinkAboutOrd 417 Creating the Fire Department and establishing emergency ambulance serviceTOWN OF WESTLAKE ORDINANCE NO. 417 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, CREATING THE TOWN OF WESTLAKE FIRE DEPARTMENT; ESTABLISHING EMERGENCY AMBULANCE SERVICE IN THE TOWN OF WESTLAKE; PRESCRIBING THE POWERS AND DUTIES OF THE FIRE DEPARTMENT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake is authorized to organize and create a fire department pursuant to Section 342.004 of the Local Government Code; and WHEREAS, the Town of Westlake is authorized to provide emergency ambulance service; and WHEREAS, the Board of Aldermen determines that it is in the best interest of the citizens of Westlake to create the Town of Westlake Fire / Rescue Department. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: All matters stated in the preamble are found to be true and correct and are incorporated herein by reference as if copied in their entirety, SECTION 2: There is created and established Westlake Fire / Rescue, consisting of fire companies, the Fire Chief, and any assistant engineers. The Fire Chief and members shall be appointed in the manner provided by law. SECTION 3: The Fire Chief shall have the control, subject to the order and direction of the Town Manager, of the Fire Department and all fire and emergency apparatus belonging to the Town. The Fire Chief shall also function as the Town's Fire Marshal; administering the Town's Fire Code and performing Fire and Arson Investigation duties as necessary. SECTION 4: In case of fire, the Fire Chief and his assistants shall rank in the order named and the officer of the highest rank at the fire shall take command of the Fire Department, and direct the management thereof for the suppression of the fire, in the best manner possible; and when it may be necessary for the protection of other property and to prevent the spread of the conflagration, the officer in command may cause buildings to be removed, torn down or destroyed in the best manner possible. SECTION 5: Emergency Ambulance Service shall be provided within the corporate limits of the Town of Westlake, Texas by Westlake Fire / Rescue. Ambulance attendants shall have the authority to pick up any injured or sick person(s) found on public or private property whenever the need arises and also when and if requested to do so by some person responsible for the sick or injured person. Ambulance Service will be provided to persons outside the City when a mutual aid agreement has been agreed upon and approved by the Board of Aldermen. It shall be the sole responsibility of the Fire Department person in charge of the ambulance at the emergency scene as to which hospital the patient will be taken, based on the hospital's capability and severity of the case. The person transported, or in the event such person is a minor or incompetent, then such person's parent or guardian, shall be responsible for the fees or charges incurred for the City Emergency Ambulance Service. Such fees or charges shall be payable to the Town of Westlake, Texas. False Statement of Emergency: It shall be unlawful or any person to willfully inform the Police/Fire Dispatcher, or other police or fire official that an ambulance or more than one ambulance is needed at a location or address when such person knows that such statement is false. Private ambulance service in the Town of Westlake will only be allowed upon the issuance of a permit through the Fire Chief of Westlake, Texas. Private ambulance companies will be restricted to the non -emergency calls, transfers, removing of deceased persons, sick calls of a non -emergency nature. This section excludes all mortuaries from requiring the permit requirement. This Ordinance will authorize the Fire Chief to permit a private ambulance company to respond to emergency calls only if the Town ambulance or mutual aid ambulance is not available for the call. SECTION 6: No officer shall be elected or appointed within the organization of the Fire Department without the approval of the Town Manager. SECTION 7: Every officer, agent or employee of the Town while responding to emergency calls or reacting to emergency situations, regardless of whether any declaration of emergency has been declared or proclaimed by a unit of government or subdivision thereof; is hereby authorized to act or not to act in such a manner to effectively deal with the emergency. An action or inaction is "effective" if it in any way contributes or can reasonably be thought by the provider of such emergency service to contribute to preserving any lives or property. This Section shall prevail over every other Ordinance, Resolution, Rule, or Order of the Town and, to the extent to which the Town has the authority to so authorize, over any other law establishing a standard of care in conflict with this section. Neither the Town nor the employee, agent or officer thereof, or any other unit of government or subdivision thereof, or its employees, agents or officers shall be liable for failure to use ordinary care in such emergency. SECTION 8: Members of the Fire Department are authorized to go outside the corporate limits of the Town of Westlake for the purpose of rendering aid to other fire departments, or of extinguishing fires or rendering aid in the case of accidents. Provided, that the Fire Department shall not render such service outside the corporate limits excepting upon orders of the Fire Chief, the assistant chief or the Town Manager, excepting that where the Town has undertaken by contract to render service to property outside the corporate limits the Fire Department may leave the corporate limits in the fulfillment of such contract. SECTION 9: The Town Manager is authorized to assign the duties and responsibilities of the Fire Department to another governmental entity pursuant to contract. In the case of such an assignment, the Town Manager may authorize the utilization of Town of Westlake fire equipment and resources by the contracting entity. SECTION 10: That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. SECTION 11: If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, 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 of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 12: All other Ordinances in effect and not in conflict with this Ordinance shall remain in full force and effect. SECTION 13: The Town Secretary of the Town of Westlake is hereby directed to engross and enroll this Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Board of Aldermen of the Town of Westlake and by filing this Ordinance in the Ordinance records of the Town. SECTION 14: This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. 3 PASSED AND APPROVED THIS 13TH DAY OF MAY 2002. Scott Bradley. Mayor ATTEST: _. ic Ging w rosswy, Town retary Trent O. Petty, Town M Eagw 71101TA a DMA 0131 I solemnly swear that a true and correct copy of the Public Notice Ordinance No. 417 was published in THE KELLER CITIZEN, a newspaper having general circulation in the counties of Denton and Tarrant, and that the dates that said issues of the newspaper bore in which such notice was published were May 21, 2002. A copy of the notice as published, clipped from the newspaper is attached hereto. Pam Nolte, Classified Ad Manager THE STATE OF TEXAS § 0 COUNTY OF TARRANT SWORN TO AND SUBSCRIBED BEFORE ME Pam Nolte this 29th day of May, 2002, to certify which witness my hand and seal of office. Notary Public, State of Texas Printed Name of Notary j' My commission expires ALCA G, IVICRAY Notary Putsiio, 5iaof Texas My Commission 6x0es April 17, 2006 817-379-0512.E Rate Unerr= LEVELING "AND loader p s work, Final grade. Mowing PUBLIC (NOTICE Haslet 3.6% and Rotor Tilling. Small jobs ,._ welcome. 817-379-5597, Bill. TOWN OF WESTLAKE Weiler S% TREE SERVICE ORDINANCE No. 420 Marshall creek 7.3% t An ordinance adopting the - s f provisions of Article 9102, 4 6oA t Texas Revised Civil Statutes,tpanok TREE TRIMrelating to the review of pians Trophy ° J ` I i and specifications for the P Y Ciub 3 3/° i purpose of eliminating archi- i tectural barriers encountered D�rtton County -= "",-4.6% by persons with disabilities, providing that this ordinance Tarrant Count 5.5% 45; INSURED shall be cumulative of all or- y dinances; providing a sever - Shrub trim & lawn care ADOPTION ability clause and providing Texas by experienced old hand an effective date: - ic AS low as $25 per job LOVING COUPLE will pro- The Texas Workforce Commission released thi vide plenty of love and PUBLIC NOTICE The information was obtained from the workfo z FREE ESTIMATES! security for your newborn:' Statistics for the town of Westlake are unavails Close-knit extended family Call Don anytimenearby. Expenses paid. ` TOWN OF WESTLAKE Brian & Ann, 1 1-800-792 555.51 9996. ORDINANCE NO. 419 vt t� An ordinance adopting the usi essBriefs H LOST ® year 2000 edition of the Inter - G OU � national Residential Building Code in accordance with TREEChapter 214G of the Local Bank One has announced that it FOUND, FEMALE, Sheph Government Code; providing SERVICE erd mix; found on Keller- that this or shall be plans to open a full-service branch t Smithfield Nortat Parkway No collar. cumulative of all ordinances; Keller Pkand Keller- ServmgNortheastTarrantCounty providing a severability Y 817-337-6062. clause and providing an ef- Smithfield Road as part of an 11- a TC11CIlt1lit StiltiVl fective date. MR- �r1d1>OLUNTERbranch expansion in North Texas, GreatPnces•fieeNOTICE company officials said. The Keeler Esimates PUBLIC a Call Anytime- Locally OwnedMETROPORT MEALS ON branch is scheduled to open toward Terms includingMC,Vsa WHEELS needs Volunteers. TOWN OF WESTLAKE GuaranteedPlease call 817-491-1141. the end of the year. INSURED- ORDINANCE NO. 418 Bank One opened a branch on 9 An ordinance approving the Village Center Drive in Southlake 817-281-1452 agreement dated May 13 ,�- 2002, between the State of in the past few weeks. _ Texas and the Town of West- lake, for the blanket cover- _ age of variousprojects' cov- ering the installation, con- Two Keller residents were named 01 struction, existence, use, op- to the Great 100 Nurses list by the eration, and maintenance of highwaysignals/lighting in Texas Nurses ,Association. Ruth Trees- Trees - Trees the Town of Westlake; pro- Lucas is a restorative -care, nurse at %.: viding for the execution of said agreement; and declar- Harris Methodist` Fort 'Worth Ing an emergency hospital, and Sandy Salmon is a PUBLIC NOTICE Trim Shape, Tree& BI® NOTICE BID' Stump Removal PUBLIC HEARING TOWN OF WESTLAKE Mistletoe Removal Dead Wood Removal NOTICE OF A ORDINANCE NO. 417 ADVERTISEMENT FOR ADVERT PUBLIC HEARING OF THE BIDS Retaining Walls ECONOMIC An ordinance of the Town of The Northwest Independent The Northu All Types of Rock Work DEVELOPMENT Westlake, Texas, creating Yp School District will receive School Di Cc3RlaE}R,t�TION 48 OF the Town of Westlake .Fire Xenc%f L7r r THE TOWN OF TROPHY: Department; establishing competitive sealed bids competitiy _ Service Drains CLUB,TEXAS Emergency Ambulance Ser - (CSB) on the Northwest in (CSB) on t REGARDING vice in the Town of Westlake; dependent School District dependent Jnsured for Your Protection prescribing the powers Additions and Alterations at Additions a EXPENDITURE OF FUNDS. P g p Prairie View Intermediate the High Sc duties of the Fire Depart- g menta providinga School, Beck intermediate On the 10th day of June, clausproviding n severability savinl s School and Hatfield nterme- & Wilkiucti. • • 2002, at 6:30 Bari there will P i g diate School, & Wilkinsoi be a public hearing of the clause; and providing an ef- Economic Development Cor- fective date. Road, Su: TREE STUMP Grinding: poration 4B of. the Town of Construction Manager: Hill Texas 750 Reduces tree ` stumps to Trophy Club, Texas, at the & Wilkinson, Ltd., 800 Klein 299-430Q sawdust. Free estimates. Municipal Utility District PUBLIC .NOTICE Road, Suite 100,' Piano, 4444. .=817451-8544 or 817-368- II Building, 100 Municipal Dri- Texas 75074, Phone: 214- 4 6270 (cell). ve, Trophy Club, Texas, TOWN OF WESTLAKE 299-4300, Fax: 214-299- Competiti a from qualifii t r 76262, for the purpose of 4444• and suppiit �r considering the expenditure ORDINANCE NO. 416 Competitive Sealed Bids referenced r r of funds for the following pro- P t. TILEleets: An ordinance canceling the from qualified subcontractors ceived by I � May 4, 2002, regular election and suppliers for the above Ltd. at the t The Town of Trophy Club and declaring each unop- referenced project will be re- 800 Klein I ,• Economic Development Cor- posed candidate elected to ceived by, Hill & Wilkinson, Piano', Texa A ' ■� poration 46 will enter into a office; providing that this ordi- Ltd. at thefollowing location: 600 Klein Road, Suite 100, Late bids v contract with the Town of nance shall be cumulative of SpeciaTrophy Club to reimburse up all ordinances; providing a Piano, Texas 75074. ed. All bid! I, l to 25% of theopened dol- severability clause and pro- opened anc t tar debt service for the con- vidin an effective date. late bids will not be accept Owner, Ar �• Tile Installed g ed. All bids will be publicly Gonstructioi struction of the pool and the t from phase 2 and phase 3 of the 10 -acre park. BI® NOTICE opened and reviewed by the compietior a .* Owner, Architect and the recommend $200 Construction Manager. Upon sented to t The Town of Trophy Club LEGAL NOTICE completion of this review, dependent;: Economic Development Cor- REQUEST FOR recommendations will be pre contracts t sented to he Northwest In- contracts t sq.. poration 4B will enter into'a I V^ PROPOSALS*�- �/99f&f �IP1?;kii rontract with thn rn,,,,.. ;,e — •-•------