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HomeMy WebLinkAbout5641-05.02.2022 Prepared by Kelley Felchle, City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5641 AN ORDINANCE AMENDING THE CITY OF WATERLOO CODE OF ORDINANCES BY REPEALING ARTICLE A, CITY CLERK OF CHAPTER 5, MUNICIPAL OFFICIALS, TITLE 1, ADMINISTRATION AND ARTICLE B, FIRE DEPARTMENT OF CHAPTER 6, MUNICIPAL DEPARTMENTS, TITLE 1, ADMINISTRATION, AND ENACTING IN LIEU THEREOF A NEW ARTICLE A, CITY CLERK OF CHAPTER 5, MUNICIPAL OFFICIALS, TITLE 1, ADMINISTRATION AND ARTICLE B, FIRE DEPARTMENT OF CHAPTER 6, MUNICIPAL DEPARTMENTS, TITLE 1, ADMINISTRATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: Section 1: That Article A, City Clerk of Chapter 5, Municipal Officials, Title 1, Administration is hereby repealed and a new Article A, City Clerk of Chapter 5, Municipal Officials, Title 1, Administration, and is hereby enacted in lieu thereof as follows: TITLE 1 ADMINISTRATION CHAPTER 5 MUNICIPAL OFFICIALS ARTICLE A. CITY CLERK SECTION: 1-5A-1: APPOINTMENT, QUALIFICATION, AND TERM 1-5A-2: DEPUTY CITY CLERK 1-5A-3: DUTIES AND RESPONSIBILITIES 1-5A-4: REPORTS 1-5A-5: FEES OF OFFICE 1-5A-1: APPOINTMENT, QUALIFICATION, AND TERM: The city clerk shall be appointed by the city council. Said appointment shall be in accordance with all city policies and procedures regarding recruitment, selection, and appointment of employees. The city clerk shall serve as an at-will employee, and unless the city clerk resigns or is terminated by the city council, shall continue to serve in the position. Within ten (10) days from such appointment, the city clerk shall qualify as provided by state law and city code. 1-5A-2: DEPUTY CITY CLERK: The city clerk may, with the approval of the city council, appoint a deputy city clerk who shall perform the duties of the city clerk during the absence or disability of the city clerk. Said appointment shall be in accordance with all city policies and procedures regarding recruitment, selection, and appointment of employees. The deputy city clerk shall serve as an at -will employee, and unless the deputy clerk resigns or is terminated by the city clerk, shall continue to serve in the position. 1-5A-3: DUTIES AND RESPONSIBILITIES: The city clerk shall perform the following duties: A. General Duties: 1. Coordinate the preparation of council meeting agendas, attend meetings of the city council, and take minutes of said meetings; and 2. Write resolutions, ordinances, and amendments and publish hearing notices; and 3. Issue notices of regular and special elections required to be given by law or in pursuance of any provision of this code, or other city ordinance or resolution of the city council, issue all notices of special meetings of the city council when called, as provided by law; and 4. Notify committees of business referred to them by the city council; and 5. Maintain and safeguard records of the city and keep records in the manner and duration required by law; and 6. Administer the city liability insurance program, procure liability insurance for the city, and set liability limits and requirements as may be advisable and necessary to prevent unnecessary risk to the city; and 7. Direct, coordinate, and oversee the work of the employees of the city clerk’s office; and 8. Perform such other duties as may be required by the laws of the state, this code, other city ordinances or resolutions, or as may be directed by the mayor and city council. B. Certification of Assessments: Certify to the county auditor, as provided by law, all assessments and taxes of every kind and nature levied by the city council which are required to be so certified. C. Records: 1. Deeds and Contracts: Keep copies of all deeds and contracts executed by or in favor of the city, and shall properly index them. 2. Licenses, Permits, Policies, and Petitions: Keep all licenses and permits granted by the city clerk’s office for a period in accordance with state law, this code, or city policy, noting the date when issued, the person to whom issued, and the date of expiration of the license or permit. Keep on file a copy of all policies adopted by the city council. File and preserve in the city clerk’s office all petitions, remonstrances, and other papers presented to the city council by the public at a public meeting. D. Purchases: Procure materials for the city council to use during council meetings and materials, products, and supplies necessary to facilitate the operation of the city clerk’s office. 1-5A-4: REPORTS: The city clerk shall report upon any of the matters connected with the office of the city clerk whenever called upon by the city council to do so; keep all returns of assessments, and the election and appointment of city officers, and shall as soon as practicable after each meeting of the city council, prepare minutes of the business transacted and a correct copy of all resolutions and ordinances adopted, and deliver ordinances to the official newspaper for publication, and shall not allow any papers or documents to be taken from the office of the city clerk without the consent of the city council. 1-5A-5: FEES OF OFFICE: For attested certificates and transcripts other than those ordered by the city council, the city clerk shall charge the same fees as are allowed to county officers for like services; and shall keep a record of such fees and turn the same into the general fund. Section 2. That Article B, Fire Department of Chapter 6, Municipal Departments, Title 1, Administration, is hereby repealed and a new Article A, City Clerk of Chapter 5, Municipal Officials, Title 1, Administration and Article B, Fire Department of Chapter 6, Municipal Departments, Title 1, Administration, is hereby enacted as follows: TITLE 1 ADMINISTRATION CHAPTER 6 MUNICIPAL DEPARTMENTS ARTICLE B. FIRE DEPARTMENT SECTION: 1-6B-1: FIRE CHIEF APPOINTMENT TERM AND AUTHORITY: 1-6B-2: DEPARTMENT POWERS AND DUTIES: 1-6B-3: EXTRATERRITORIAL ASSISTANCE: 1-6B-4: DEPARTMENT ESTABLISHED; MEMBERS: 1-6B-1: FIRE CHIEF APPOINTMENT TERM AND AUTHORITY: A. Appointment: The chief of the fire department shall be appointed by the mayor with approval of the city council from the fire chief civil service list. Nothing herein contained shall prevent the removal of and the termination of the appointment of the chief as provided by law or employment agreement. The supervision and management of the department shall be executed in accordance with this Article. B. Authority to Order Removal of Buildings: To order the removal of any building or property that he may deem necessary for the purpose of checking or stopping the progress of fire in the city. C. Prescribe Limits Where Entry Is Prohibited: Prescribe limits in the vicinity of any fire within which no person, except those who reside therein, shall be permitted to enter. D. Fire Arson Investigator: The fire chief shall appoint the fire arson investigator to perform all of the duties and responsibilities of investigating the cause, origin, and circumstances of fires as set forth in this code. The fire arson investigator may be a peace officer as set forth in Iowa law and said investigator may have all the powers, duties and responsibilities attendant to the function of a peace officer, which shall include, but not be limited to, the power of arrest. 1-6B-2: DEPARTMENT POWERS AND DUTIES: A. Police Authority: All members of the fire department shall have and exercise all the powers of police officers at the scene of a fire. B. Presence for Duty: The members of the fire department shall remain in the quarters provided for them by the city, day and night, when not necessarily in other parts of the city attending to their duties prescribed by this article, or by the rules and regulations of the fire department, and no officer or member of the fire department shall be absent from duty at any time of day or night without permission from the chief of the fire department or person acting as such, and the procurement of a satisfactory substitute to act when absent. C. Command at Fire Scene: It shall be the duty of the first officer of the fire department at a fire in the city to take charge thereof until a superior officer shall arrive, and for such purpose he shall have all the powers of the chief of the fire department. D. Authority to Summon Assistance: If he deems it necessary, to summon any or all persons able to perform labor, including operators of vehicles for hire, to aid in the extinguishment of fires or removing property in danger thereof, and in guarding the property, and any person refusing to obey such summons shall be guilty of an offense. E. Inspect Fire Hazards: After careful inquiry and investigations, immediately notify, in writing, the owner or occupants of any building in the city where there are any defective chimneys, smoke pipes or flues, or where there are any fires or inflammable materials not sufficiently secured and guarded, used or kept in, or in connection with, any such building, to forthwith repair, remove, change or secure the same, as the case may require. F. Emergency Medical Services, Hazardous Materials, and Rescue Services: The department is authorized to provide ambulatory, hazardous materials, and rescue services in addition to fire services. G. Records: Provide the record keeping and reporting systems necessary to assure proper maintenance and repair of fire department buildings, facilities, apparatuses and equipment; provide record keeping and reporting systems for all fire, fire inspection, emergency medical services, hazardous materials, and rescue services calls. 1-6E-3: EXTRATERRITORIAL ASSISTANCE: A. The fire department of the city is hereby authorized to answer calls for firefighting or other emergency assistance outside the limits of the city, but within the county, at the discretion of the chief of the fire department or a duly authorized designee acting if the fire chief is absent. B. The fire department of the city is further authorized to respond to calls for firefighting or other emergency assistance outside the limits of the city, but within the state, when requested by the mayor or the chief of the fire department of any city or town having an organized fire department, at the discretion of the fire chief of the city fire department, or a duly authorized assistant acting during the absence of the chief of the fire department. C. When the firefighters or equipment of the city are engaged in rendering assistance pursuant to this subsection, they shall be considered to be within their jurisdiction, and the city shall have the same governmental immunity when responding to such calls as when operating within the city. 1-6B-4: DEPARTMENT ESTABLISHED; MEMBERS: A. Composition of Department: There is hereby created and established a fire department in and for the city, consisting of: 1. One (1) fire chief, who shall be appointed pursuant to section 1-6B-1 of this chapter; and 2. Three (3) or more battalion chiefs; and 3. One (1) fire marshal; and 4. One (1) medical supervisor; and 5. Three (3) or more medical officers; and 6. One (1) or more fire lieutenant inspector/investigation; and 7. One (1) or more training officer; and 8. Three (3) or more fire captains; and 9. Twenty one (21) or more fire lieutenants; and 10. Twenty one (21) or more fire engineers; and 11. Fifty eight (58) or more fire fighters/paramedics and civilian staff. Section 3. Effect and Severability: This ordinance shall be in full force and effect from and after its passage and publication as provided by law. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of this ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. INTRODUCED: May 2, 2022 PASSED 1st CONSIDERATION: May 2, 2022 PASSED 2nd CONSIDERATION: May 2, 2022 PASSED 3rd CONSIDERATION: May 2, 2022 PASSED AND ADOPTED this 2nd day of May 2022. _____________________________ Ray Feuss, Mayor Pro Tem ATTEST: __________________________ Kelley Felchle City Clerk SEAL