HomeMy WebLinkAbout22-3736 OrdinanceORDINANCE NO. 22-3736
AN ORDINANCE AMENDING CHAPTER 5, "FIRE PREVENTION AND
PROTECTION", ARTICLE 5.02 "FIRE DEPARTMENT", SECTION
5.02.004 OF THE CODE OF ORDINANCES OF THE CITY OF PLAINVIEW
CREATING THE NON -CIVIL SERVICE POSITION OF CADET IN THE
FIRE DEPARTMENT; PROVIDING AN EFFECTIVE DATE; PROVIDING
FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR PUBLICATION
OF THE CAPTION THEREOF.
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
WHEREAS, on May 5, 1990, the City of Plainview held a referendum adopting the
state civil service law for the Plainview Fire Department as codified in Chapter 143 of the
Texas Local Government Code, effective November 1, 1990; and
WHEREAS, pursuant to Ordinance No. 90-2841, a classification system for the
City of Plainview Fire Department was established and later amended by Ordinance No.
91-2855; Ordinance No. 91-2857; Ordinance No. 93-2965; Ordinance No. 03-3382;
Ordinance No. 10-3538; Ordinance 11-3546; and
WHEREAS, the proposed Ordinance has been duly presented to the Civil Service
Commission for its recommendation, and they found in favor of adding one or more cadet
positions classified as a non -civil service position to the Plainview Department; and
WHEREAS, in an effort to increase efficiency in operations and a betterment in
municipal services, the City Council finds it to be in the best interests of the City to further
amend the classification of fire personnel by establishing one additional non -civil service
position of cadet and establishing associated duties; and
WHEREAS, the City Council finds that amending the ordinance creating the
position of a cadet in the Plainview Fire Department 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:
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.
Ordinance 22-3736
Art. 5.02 Ord. Amendment — Fire Department Cadet Position Page 1 of 3
SECTION 2. Chapter 5, "Fire Prevention and Protection", Article 5.02, "Fire Department",
Section 5.02.004 of the Code of Ordinances, City of Plainview, Texas is hereby amended
as follows (for reference purposes, new additions to the Code of Ordinances are
underlined and italicized and deleted provisions are indicated by strikethrough text):
Sec. 5.02.004 Fire chief and cadet(s) designated non -civil service
positions
(a) Fire Chief. The city fire chief is hereby designated, pursuant to
state law, to be a non -civil service position.
(b) Cadet. Cadet position serves as a non -civil service position in
the fire department until such time as the individual obtains required
certifications to transition into an opening in the firefighter classifications
listed in Section 5.02.003. The fire chief, with city manager approval, may
authorize the employment of, up to, an equal number of cadets as there are
vacancies or openings in number of authorized positions in the firefighter
classifications listed in Section 5.02.003.
SECTION 3. Effective Date. This ordinance shall take effect immediately from and after
its passage and publication as may be required by governing law.
SECTION 4. Repealed. All other terms and provisions of the Code of Ordinances, City
of Plainview, Texas, not in conflict herewith and not hereby amended shall remain in full
force and effect.
SECTION 5. 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 remain in full force and
effect.
SECTION 6. 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 27th day of September, 2022.
Passed and approved on second reading this 11 th day of October, 2022.
Charles St' jl Mayor
Ordinance 22-3736
Art. 5.02 Ord. Amendment — Fire Department Cadet Position Page 2 of 3
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ATTEST:
A&
Belinda Hinojosa, City retary
APPROVED AS TO GDNTENT:
Jeffrey y Manager
APPROVED AS TO FORM:
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Matt ade, City Attorney
Ordinance 22-3736
Art. 5.02 Ord. Amendment — Fire Department Cadet Position
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