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ORDINANCE NO. 21-3717
AN ORDINANCE ADOPTING AND ENACTING A MORATORIUM
REQUIRING EACH TRANSFER AMBULANCE BE STAFFED BY A
PARAMEDIC AS REQUIRED UNDER. ARTICLE-6.05, -"AMBULANCES",
SECTION 6.05.068(a); PROVIDING FOR A TERMINATION DATE AND
EXTENSION OPTION :BY RESOLUTION; -PROVIDING .AN EFFECTIVE
DATE; PROVIDING. FOR A SEVERABILITY CLAUSE; .AND PROVIDING
FOR PUBLICATION.
WHEREAS, the City Council for the -City of Plainview, Texas pursuant to the
constitution and laws:of the state of Texas'including, but not limited to, Article 11, Section
5 of the Texas Constitution as. a :home rule city, has the authority, to set forth ordinances
and regulations. and exercise its police powers- for the public health, safety, .morals, or
general: welfare of the: citizens of the City of Plainview; and:
WHERE:AS,.-the City of Plainview previously adopted regulations that govern the
operation .and use of private transfer ambulance services in Plainview as codified in
Chapter 6, "Health and Sanitation"? Article 6.05, "Ambulances", Division 3, "Private
Transfer Ambulances"; and
WHEREAS, the. aforementioned: ordinance requires thaf each transfer ambulance
be staffed with :one.:licensed paramedic; and
WHEREAS, based on info rmation:provided to the City of Plainviewand based on
the City's own experience in finding, hiring and retaining licensed paramedics, due to. a.
shortage in the labor market :of =licensed paramedics. in Plainview -and the surrounding
area, it :has become increasingly difficult if:not practically impossible in the short term to
meet the requirements- of having at least one licensed paramedic on each transfer
ambulance; and
WHEREAS, having private transfer ambulance services in Plainview is a valuable
service to the citizens of Plainview -by not only providing critical medical transfer service
but also by'freeing up valuable emergency medical service resources of the City of
Plainvi.ew's Fire Department that would otherwise be unavailable when providing transfer
ambulance services; and
WHEREAS, the .City Council of :the City of Plainview, finds and determines that
placing a temporary moratorium on requiring a licensed paramedic on each private
transfer ambulance in order to allow private transfer ambulance service to continue
operations in Plainview while such operations diligently search for licensed paramedics
is necessary, reasonable, in the best 'interest of the City and: in the best interest of its
citizens and :to protect the health, safety, and welfare of the citizens.
NOW THEREFORE, THE CITY OF PLAINVIEW, TEXAS, HEREBY ORDAINS THAT:
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SECTION 1. The findings and recitals. outlined above are found to be true.; factual and
correct and are hereby adopted and approved by the City Council and incorporated into
this ordinance as though set forth fully herein.
SECTION 2. From and after the effective date of this ordinance, the City of Plainview
hereby establishes a temporary moratorium and will not require that each private transfer
ambulance operating within the municipal limits of the City of Plainview be staffed with at
leastone licensed paramedic as is required by Article 6.05,: Section 6.05.068(4) of the
Code of Ordinances, City of Plainview, Texas.
SECTION 3. This moratorium is effective period of one -hundred and eighty (180) days
from the date this ordinance goes into effect upon the second and final _reading of the
ordinance. This moratorium shall automatically expire one -hundred and eighty (180):days
from the final passage of this ordinance unless extended by resolution of the City Council
for an. additional one -hundred and eighty (180) days prior to or on the expiration of the
initial one -hundred and eighty (180) day moratorium. However, in no event, shall this
moratorium continue beyond such extension without further action being taken by the City
Council: by ordinance..
SECTION 4. All other terms and conditions and requirements outlined in Article 6.05 of'
the Code of' Ordinances, other than the requirement that each transfer ambulance be
staffed with at least :one paramedic, shall remain in full force and effect and is not
impacted by this moratorium.
SECTION 5. Effective Date. This ordinance shall take effect immediately from and after
its passage and publication as may be required by governing law.
SECTION 6. Severability. Should any paragraph, section, .sentence, phrase, .clause or
word of this ordinance be declared unconstitutional or invalid for any reason, the
remainder of this ordinance shall -not be affected'thereby and shall remairi in full force and
effect.
SECTION 7. Publication. The City Secretary of the City of Plainview is hereby
authorized and directed to cause publication of the descriptive caption of this Ordinance
as an alternative method provided by law-.
Passed: and approved on first reading this 22nd day of June, 2021.
Passed and approved on second reading this 8th day of July, 2021.
Charles 5tarhes, Mayor
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ATTEST:
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APPROVED AS TO CONTENT:
APPROVED AS TO FORM-
Matade, City Attorney
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