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HomeMy WebLinkAboutOrdinance 10404,_~ _ ~ ., , ,, r w„y ORDINANCE N0. ~D AN ORDINANCE TO IMPROVE THE SAFETY AND EFFICIENCY OF FIRE FIGHTING SERVICES IN FORT WORTH, TEXAS; REMOVING ALL RESPONSIBILITY FOR FIRE FIGHTING SERVICES AT MEACHAM AIRPORT FROM THE AVIATION DEPARTMENT; REASSIGN- ING ALL RESPONSIBILITY FOR FIRE FIGHTING SERVICES AT MEACHAM AIRPORT TO THE FIRE DEPARTMENT; PROVIDING FOR A ONE-YEAR TRANSITION PERIOD, MORE OR LESS; REAFFIRMING ALL POWERS AND DUTIES OF THE AVIATION ADVISORY BOARD AND AVIATION DEPARTMENT NOT EXPRESSLY MODIFIED HEREIN; PROVIDING THAT NO NEW EMPLOYMENT POSITIONS, CLASSIFICA- TIONS OR STATUS ARE CREATED OR MODIFIED EXCEPT AS EXPRESSLY PROVIDED HEREIN; PROVIDING FOR THE TRANSITION OF CERTAIN EMPLOYEES AND THEIR DUTIES FROM THE AVIATION DEPARTMENT TO THE FIRE DEPARTMENT AND THEIR STATUS THEREAFTER; PROVIDING GUIDELINES FOR THE CITY MANAGER TO RESOLVE TRANSITIONAL DIFFICULTIES; PROVIDING FOR A REPORT BY THE CITY MANAGER TO THE COUNCIL; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in previous City ordinances and actions (Ordinance No. 4294, effective May 27, 1960; Ordinance No. 7222, effective September 8, 1975; and Ordinance No. 8840, effective June 7, 1983) the City Council of the City of Fort Worth, Texas, created ' and empowered the Aviation Advisory Board and Aviation Department to exclusively manage the operations of the City's airport sys- tems, including the exclusive responsibility for aircraft crash, rescue and fire fighting operations at Fort Worth Meacham Airport; and WHEREAS, pursuant to said Ordinances, a specialized fire- fighting service commonly known as an "Aircraft Rescue and Fire Fighting" ("ARFF") staff was created and has been continuously maintained at Meacham Airport for these purposes; and WHEREAS, the nature and scope, of such airport operations have materially grown since their inception; and F WHEREAS, the nature and scope of the City's Fire Department operations have also materially grown and expanded so that the Fire Department is capable of safely and efficiently becoming solely responsible for the management of all fire fighting activities within the City of Fort Worth, including those at Meacham Airport; and WHEREAS, it is the intent of the City Council to provide the City of Fort Worth with the safest, most effective, most effi- cient and most economical fire protection and. suppression as is possible; and WHEREAS, the City Council finds and determines that consoli- dation of all city fire protection and suppression activities exclusively into one department meets with such intent, and that the continued maintenance of one large Fire Department and one small, specialized unit (the ARFF) does not meet with such intent; NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION I. Upon adoption of this ordinance, the City of Fort Worth shall immediately begin and continuously work toward the aboli- tion of all of the present powers and duties of the Aviation Advisory Board and Aviation Department which relate to aircraft crash, rescue and fire fighting operations on or related to Fort Worth Meacham Airport and specifically the ARFF Unit and its structures and equipment. All powers and duties concerning the 2 aircraft crash, rescue and fire fighting operations presently existing or hereafter becoming necessary on or related to Fort Worth Meacham Airport, including but not limited to the ARFF Unit, its structures and equipment, be and are hereby transferred to and shall hereafter be under the exclusive management and control of the Fort Worth Fire Department. All employees present- ly assigned to the Aviation Department as ARFF personnel shall hereafter be personnel assigned to the Fire Department. The merger and reorganization of activities provided for in this ordi- nance shall be substantially completed on or about September 30, 1990, and all City departments and personnel involved shall work in mutual cooperation with each other during the transition period to effectuate the purposes and intent of this ordinance in a smooth and efficient manner. SECTION II. It is the express intent of the City Council and the Council hereby finds that this ordinance is necessary to promote and maintain the safety, peace, health, good government and welfare of the citizens of, and visitors to, the City of Fort Worth, Texas; to provide for the best, most efficient, and economical performance of the functions thereof; and to promote the safety and security of all persons using City airfields and their facilities. This ordinance is to be liberally construed to effectuate said findings and expressed intent, and the principles and goals set forth herein. 3 • ~ SECTION III: Except as expressly amended by this ordinance, the powers and duties of the Aviation Advisory Board and Aviation Department shall remain unchanged. All previous ordinances and City Code sections relating to the powers and duties of the Aviation Advisory Board and Aviation Department which are not expressly abolished or modified by this ordinance shall remain in full force and effect. SECTION IV. All buildings, facilities and equipment presently located on Meacham Airport which are assigned to or utilized by the ARFF for fire fighting and related purposes are hereby reassigned and shall be under the management and control of the Fire Department. The Meacham Airport Fire Station building shall hereafter be operated solely as a Fire Department Station. A complete inven- tory of said facilities and equipment shall be completed by October 31, 198.9, as soon as is reasonably possible and shall be presented to the City Manager for use in effectuating the purposes expressed herein. SECTION V. All employees presently employed in the Aviation Department as ARFF personnel at Meacham Airport are hereby removed from the management and control of the Aviation Department and are trans- ferred and reassigned to the management, control and command of the Fire Department and Fire Chief. The status of these employees in all other respects shall remain the same; specifically they shall remain civilian employees of the City of Fort Worth subject 4 .+ to the Personnel Rules and Regulations of the City. Their employ- ment compensation and benefits shall also comply with the City's Personnel Rules and Regulations and be regulated thereby. SECTION VI. It is the express intent of the City Council that those employees presently serving as ARFF personnel at Meacham Airport shall be given every reasonable opportunity and the reasonable cooperation of the City to permit them to: 1) continue their present duties and assignments for as long as is necessary to complete the transition of ser- vices from the Aviation Department to the Fire Department, so long as those duties and assignments are not in conflict with existing Fire Department Operating Procedures and Policies, and so long as those duties are not in direct conflict with state law concerning civil service employees (Texas Local Government Code, - Chapter 143); 2) achieve the status as civil service employees in the Fire Department in compliance with Chapter 143 of the Local Government Code;. 3) petition the State of Texas Legislature for special legislation to "grandfather" their present positions as ARFF into the status of civil service employees; and/or 4) receive any and all additional training or job certifi- cations deemed appropriate to their duties and responsi- bilities within the Fire Department; 5) secure employment opportunities in any other available position in City operations, whether Fire Department or otherwise, for which they are qualified. SECTION VII The City Council recognizes that administrative difficulties may arise during said transition. If such difficulties arise with regard to the status, duties, compensation or other matters con- cerning the affected city employees, then the following guide- lines shall be used to resolve such difficulties: 5 J ~ _ _ :,, _ _ 1) The scope and intent of this ordinance is only that which is expressed herein; 2) The reorganization of powers and duties expressed here- in is not intended to and shall not operate to create any new changes in employee status other than as expressly stated herein. Specifically, unless expressed herein, this ordinance shall not operate, by implication or otherwise, to create any new employment positions or classifications, whether civil service or non-civil service; nor to create any new promotional opportunities, whether civil service or non-civil ser- vice; nor to terminate any positions presently in effect, whether civil service or non-civil service. 3) Unless expressed herein, this ordinance shall not operate, by implication or otherwise, to create or expand the scope of any type of employment rights or status, whether civil service or non-civil service. This ordinance is not an employment contract. SECTION VIII. If any conflict of jurisdiction arises between the Aviation Department and Fire Department or with any other department or employee of the City concerning the provisions or effect of this ordinance, or in regard to any administrative details thereof, the same shall be referred to the City Manager for resolution, and the decision of the City Manager shall be final and binding. SECTION IX. From time to time, as necessary, but in any event no later than October 1, 1990, the City Manager shall present a report advising the City Council of the status of business and operations of the Fire Department relating to airport operations, and recommending to the Council such improvements as the Manager deems advisable concerning services and facilities of the Fire Department in airport operations. 6 SECTION X. This ordinance shall be cumulative of all provisions of pre- vious ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event this ordinance shall control and the conflicting provisions of such other ordinances and Code are here- by repealed. SECTION XI "Mayor and Council Communication No. ", approved by the City Council on , 1989, is expressly incorporated herein by reference as an explanation of the purpose and intent of the Council in adopting this ordinance. SECTION XII. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise unlawful by the valid judg- ment or decree of any court of competent jurisdiction, such uncon- stitutionality or illegality shall not affect any of the remain- ing phrases, clauses, sentences, paragraphs and sections of this ordinance, just as if the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. 7 ~. s s ~ ~ P v~ ~ b SECTION XIII. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the cap- tion and effective date in the minutes of the City Council and by filing this ordinance in the ordinance records of the City. SECTION XIV. This ordinance shall take effect and be in full force and effect from and after its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Date• L'~Z'~~ ADOPTED• EFFECTIVE • / ~~O 8 r ~V~, f~MSfER FiI,E 1 ~ City of Fort worth, ~`~wv :~ ACCOUNTING•2 ~,, TRANSPORTATIb.~Nty~I/-I~fi~R~~j U ~~~ ~®~- ~/ ~-~I ,~1/~j // ~®~'~'11 ~~f ~ /~,~~f ~~1V~~® tl IV N4t'ER ADMINISiRAT10N ~ ,f~/J'(,// ~~// Ili1V 0 (L((,~ ILl((~i (l Q 1{iY u tV Ivty W l.P VI F~RI ~ DATE REFERENCE suB~ECT PROPOSED TRANSFER OF PAGE NUMBER AIRCRAFT RESCUE AND FIREFIGHTING ,,f 1 Ad9~6~9~"•~ G-8243 ACTIVITIES AT M THE FORT WORTH FIRE DEPARTMENT RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance trans- ferring the Aircraft Rescue and Firefighting (ARFF) activities at Meacham Airport to the Fort Worth Fire Department effective October 1, 1989. -"DISCUSSION: ~. During recent budget hearings, it was recommended to the City Council that the aircraft rescue and firefighting ("ARFF") activities at Meacham Airport be incorporated into the Fort Worth Fire Department. A new section has been created in the Fire Department known as Meacham Airport Aircraft __Rescue and Fir-efighting. The 1989-90 adopted budget currently reflects -$402;605 and 13LL.0 authorized positions (three Crash/Security supervisors en Crash/Security Officers) for this activity. The 13 positions will and t __ _ be _ transferred from the Aviation Department to the Fire Department effectiv-e October 1, 1989. The Fire Department anticipates that the Aircraft Rescue and Firefighting (ARFF) staff will undergo about 350 hours of training to prepare them for additional responsibilities. In recognition of the additional requirements, the Personnel Department has recommended a five and one-half percent salary increase for all current ARFF personnel at Meacham Airport effective October 1, 1989, in addit7on to the four percent that City employees may become eligible to receive. This amounts to $15,740 in additional funds which have been included in the 1989-90 adopted budget. There are no expectations of expenditures for new vehicular equipment at this time as the equipment presently located at Meacham Airport can be transferred to and utilized by the Fire Department. FINANCING: The 1989-90 Adopted Budget reflects $402,605 and 13.0 authorized positions in General Fund O1, Fire Department Account Number 36-30-10, ARFF-Meacham, to provide for the operation of this new section within the Fire Department. APPROVED BY DAI: i/6 C~~ COUNCIL Attachment SEP ~~ 1989 ~~m SUBMITTED fOR THE CITY MANAGER'S DISPOSITION BY COUNCIL: ^ APPRO~'~ ~ ~ t7~ PROCESSED BY OFFICE BY Bob Terrel 1 -- •• ^ OTHER ~E$~t~B"`~') `~W"'~M~ i~ ~ ORIGINATING DEPARTMENT HEAft'~ L ~ McMi 11 en CITY SECRETARY FOR ADDITIONAL INFORMATION AdO t CONTACT Vernon 7505 , Ordinance Nor DATE