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Home My WebLink AboutOrdinance 6683113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6683 File Number: 2023-1047 FAYETTEVILLE FIRE DEPARTMENT ESTABLISHMENT (ORDINANCE): AN ORDINANCE TO ENACT SECTION 33.044 ESTABLISHMENT OF FIRE DEPARTMENT WITHIN ARTICLE V FIRE DEPARTMENT IN §33 DEPARTMENTS, BOARDS, COMMISSIONS AND AUTHORITIES OF THE FAYETTEVILLE CODE WHEREAS, A.C.A. 14-53-101 states "the governing body of a city shall establish fire departments and provide them with proper engines and such other equipment as shall be necessary to extinguish fires and preserve the property of the city and of the inhabitants from conflagration" or may enter into a contractual agreement with an existing fire department; and WHEREAS, the formal establishment of the Fayetteville Fire Department is not well documented but, according to historical documents, including One Hundred Years of Fayetteville 1828-1928 by William Campbell, the first Fire Chief of the Fayetteville Fire Department was George Albright starting just after the end of the Civil War and the generally accepted date of establishment is 1869; and WHEREAS, Article V Fire Department in Chapter 33 Departments, Boards, Commissions, and Authorities of the Fayetteville City Code created the office of Fire Chief and prescribes certain duties and powers of the Fire Department but makes no provision for the establishment of a Fire Department; and WHEREAS, neither the Fire Department nor the City Clerk have been able to locate any ordinance establishing the Fire Department; and WHEREAS, the formal establishment of the Fire Department is necessary for the Center for Public Safety Excellence Accreditation. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby enacts Section 33.044 under Article V Fire Department in Chapter 33, Departments, Boards, Commissions and Authorities as shown below: "33.044 Establishment of Fire Department Recognizing and affirming that the City of Fayetteville established a fire department with the historically accepted date of establishment of 1869, and pursuant to the requirements of Ark. Code Ann. § 14-53-101, there is hereby established the Fire Department of the City of Fayetteville." Page 1 Ordinance: 6683 File Number: 2023-1047 Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because this provision is required for the Fire Department to receive its accreditation, which is necessary for the public peace as well as the health and safety of Fayetteville residents. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. PASSED and APPROVED on September 19, 2023 Page 2 Attest: kaz . fY: Kara Paxton, City Cler Treasurer'- cl CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 19, 2023 CITY COUNCIL MEMO 2023-1047 TO: Mayor Jordan and City Council THRU: Brad Hardin, Fire Chief FROM: Granville Wynn, Financial Analyst - Fire DATE: SUBJECT: Staff requests City Council Approval of an Ordinance formally establishing the Fayetteville Fire Department RECOMMENDATION: Staff requests City Council Approval of an Ordinance formally establishing the Fayetteville Fire Department. BACKGROUND: The exact creation of the Fayetteville Fire Department is not well documented. According to Historical Documents, including, One Hundred Years of Fayetteville 1828-1928 by William Campbell, the first Fire Chief of the Fayetteville Fire Department was George Albright starting just after the end of the Civil War. The generally accepted date of establishment is 1869. DISCUSSION: The Code of Arkansas A.C.A. 14-53-101 requires City Councils to establish fire departments and provide them with proper engines and such other equipment as shall be necessary to extinguish fires and preserve the property of the city and of the inhabitants from conflagration. The Fayetteville Fire Department is seeking City Council approval of this ordinance to legally establish the Fayetteville Fire Department. This formal establishment will aid in achieving the necessary performance indicators required for the Center for Public Safety Excellence Accreditation. BUDGET/STAFF IMPACT: There is not a direct budget impact related to this Ordinance. ATTACHMENTS: Staff Review Form & Ordinance Wording Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2023-1047 Staff requests City Council Approval of an Ordinance formally establishing the Fayetteville Fire Department AN ORDINANCE TO ENACT SECTION 33.044 ESTABLISHMENT OF FIRE DEPARTMENT WITHIN ARTICLE V FIRE DEPARTMENT IN §33 DEPARTMENTS, BOARDS, COMMISSIONS AND AUTHORITIES OF THE FAYETTEVILLE CODE WHEREAS, A.C.A. 14-53-101 states "the governing body of a city shall establish fire departments and provide them with proper engines and such other equipment as shall be necessary to extinguish fires and preserve the property of the city and of the inhabitants from conflagration" or may enter into a contractual agreement with an existing fire department; and WHEREAS, the formal establishment of the Fayetteville Fire Department is not well documented but, according to historical documents, including One Hundred Years of Fayetteville 1828-1928 by William Campbell, the first Fire Chief of the Fayetteville Fire Department was George Albright starting just after the end of the Civil War and the generally accepted date of establishment is 1869; and WHEREAS, Article V Fire Department in Chapter 33 Departments, Boards, Commissions, and Authorities of the Fayetteville City Code created the office of Fire Chief and prescribes certain duties and powers of the Fire Department but makes no provision for the establishment of a Fire Department; and WHEREAS, neither the Fire Department nor the City Clerk have been able to locate any ordinance establishing the Fire Department; and WHEREAS, the formal establishment of the Fire Department is necessary for the Center for Public Safety Excellence Accreditation. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby enacts Section 33.044 under Article V Fire Department in Chapter 33, Departments, Boards, Commissions and Authorities as shown below: "33.044 Establishment of Fire Department Recognizing and affirming that the City of Fayetteville established a fire department with the Page 1 Ordinance: 6683 File Number: 2023-1047 historically accepted date of establishment of 1869, and pursuant to the requirements of Ark. Code Ann. § 14-53-101, there is hereby established the Fire Department of the City of Fayetteville." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because this provision is required for the Fire Department to receive its accreditation, which is necessary for the public peace as well as the health and safety of Fayetteville residents. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. Page 2 Brad Hardin Submitted By City of Fayetteville Staff Review Form 2023-1047 Item ID 9/19/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/23/2023 FIRE (300) Submitted Date Division / Department Action Recommendation: Staff requests City Council Approval of an Ordinance formally establishing the Fayetteville Fire Department. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Budget Impact: Fund Project Title Total Amended Budget $ Expenses (Actual+Encum) $ Available Budget Item Cost $ Budget Adjustment $ - Remaining Budget Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: V20221130 ORDINANCE NO. AN ORDINANCE TO ENACT SECTION 33.044 ESTABLISHMENT OF FIRE DEPARTMENT WITHIN ARTICLE V FIRE DEPARTMENT IN CHAPTER 33 DEPARTMENTS, BOARDS, COMMISSIONS AND AUTHORITIES OF THE FAYETTEVILLE CODE WHEREAS, A.C.A. 14-53-101 states "the governing body of a city shall establish fire departments and provide them with proper engines and such other equipment as shall be necessary to extinguish fires and preserve the property of the city and of the inhabitants from conflagration" or may enter into a contractual agreement with an existing fire department; and WHEREAS, the formal establishment of the Fayetteville Fire Department is not well documented but, according to historical documents, including One Hundred Years of Fayetteville 1828-1928 by William Campbell, the first Fire Chief of the Fayetteville Fire Department was George Albright starting just after the end of the Civil War and the generally accepted date of establishment is 1869; and WHEREAS, Article V Fire Department in Chapter 33 Departments, Boards, Commissions, and Authorities of the Fayetteville City Code created the office of Fire Chief and prescribes certain duties and powers of the Fire Department but makes no provision for the establishment of a Fire Department; and WHEREAS, neither the Fire Department nor the City Clerk have been able to locate any ordinance establishing the Fire Department; and WHEREAS, the formal establishment of the Fire Department is necessary for the Center for Public Safety Excellence Accreditation. Section 1: That the City Council of the City of Fayetteville, Arkansas hereby enacts Section 33.044 under Article V Fire Department in Chapter 33, Departments, Boards, Commissions and Authorities as shown below: "33.044 Establishment of Fire Department Recognizing and affirming that the City of Fayetteville established a fire department with the historically accepted date of establishment of 1869, and pursuant to the requirements of Ark. Code Ann. § 14-53-101, there is hereby established the Fire Department of the City of Fayetteville." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because this provision is required for the Fire Department to receive its accreditation, which is necessary for the public peace as well as the health and safety of Fayetteville residents. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. PASSED and APPROVED this APPROVED: I: LIONELD JORDAN, Mayor day of ATTEST: an 2023. KARA PAXTON, City Clerk -Treasurer Form v1 33 NW \ MeUla A WEHCO MEDIA COMPANY RECEWED Account#: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI SEP 2 5 2023 Ad number#: 328860 CITY OF FAYETTEVILLE CITY CLERKS OFFICE PO#: Matter of: ORD 6683 AFFIDAVIT•STATE OF ARKANSAS I.Carla Gardner,do solemnly swear that I am the Finance Director of the Democrat Gazette,a daily newspaper printed and published in WASHINGTON county,State of ARKANSAS;that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: ORD 6683 Pending in the court,in said County,and at the dates of the several publications of said advertisement stated below,and that during said periods and at said dates,said newspaper was printed and had a bona fide circulation in said County, that said newspaper had been regularly printed and published in said county,and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement;and that said advertisement was published in the regular daily issues of said newspaper as stated below. And that there is due or has been paid the Democrat Gazette for publication the sum of$187.20.(Includes $0.00 Affidavit Charge). NWA Democrat Gazette 09/23/23;NWA nwaonline.com 09/23/23 Finance Director State of ARKANSAS,County of WASHINGTON,Subscribed and sworn to before me on this 25th day of September,2023 ;;,,,, •�� CATHERINE STAGGS I MY COMMISSION#12402772 � _; 4= EXPIRES:February 28,2025 Washington County NOTARY PUBLIC Ordinance:6683 Approved: File Number:2023-1047 Lioneld Jordan,Mayor FAYETTEVILLE FIRE DEPART- Attest: MENT ESTABLISHMENT(ORDI- Kara Paxton, NANCE): City Clerk Treasurer AN ORDINANCE TO ENACT This publication was paid for SECTION 33.044 ESTABLISH- by the City Clerk-Treasurer of MENT OF FIRE DEPARTMENT the City of Fayetteville, WITHIN ARTICLE VFIRE DEPART- Arkansas. RECEIVED MENT IN §33 DEPEPARTMMENTS,, Amount paid:$187.20 BOARDS, COMMISSIONS AND Sept.23,2023 328860 AUTHORITIES OF THE FAYET- TEVILLE CODE SEP 2 5 2023 WHEREAS,A.C.A.14-53-101 states"the governing body of a city shall establish fire depart- ments and provide them with proper engines and such other CITY OF FAYETTEVILLE equipment as shall be neces- CITY CLERK'S OFFICE sary to extinguish fires and pre- serve the property of the city and of the inhabitants from con- flagration"or may enter into a contractual agreement with an existing fire department;and WHEREAS,the formal estab- lishment of the Fayetteville Fire Department is not well docu- mented but,according to histor- ical documents,including One Hundred Years of Fayetteville 1828-1928 by William Camp- bell,the first Fire Chief of the Fayetteville Fire Department was George Albright starting just after the end of the Civil War and the generally accepted date of establishment is 1869; and WHEREAS,Article V Fire De- partment in Chapter 33 Depart- ments, Boards, Commissions, and Authorities of the Fayet- teville City Code created the of- fice of Fire Chief and prescribes certain duties and powers of the Fire Department but makes no provision for the establishment of a Fire Department;and WHEREAS, neither the Fire Department nor the City Clerk have been able to locate any or- dinance establishing the Fire Department;and WHEREAS,the formal estab- lishment of the Fire Department is necessary for the Center for Public Safety Excellence Ac- creditation. NOW THEREFORE,BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayet- teville,Arkansas hereby enacts Section 33.044 under Article V Fire Department in Chapter 33, Departments,Boards,Commis- sions and Authorities as shown below: "33.044 Establishment of Fire Department Recognizing and affirming • that the City of Fayetteville es- tablished a fire department with the historically accepted date of establishment of 1869,and pur- suant to the requirements of Ark.Code Ann. § 14-53-101, there is hereby established the Fire Department of the City of Fayetteville." Section 2:That the City Coun- cil of the City of Fayetteville, Arkansas hereby determines that this ordinance should be- come effective without delay because this provision is re- quired for the Fire Department to receive its accreditation, which is necessary for the pub- lic peace as well as the health and safety of Fayetteville resi- dents.Therefore,the City Coun- cil hereby declares an emergency exists such that this ordinance shall become effec- tive immediately upon its pas- sage and approval. PASSED and APPROVED on September 19,2023