An organization to be known as the Giddings Volunteer Fire Department is hereby created, and the provisions of this article shall govern its operation.
(1999 Code, sec. 31.01)
The volunteer fire department shall not exceed a total of 50 active members at any one time.
(1999 Code, sec. 31.02; Ordinance 885-B adopted 4/8/2024)
A person desiring to become an active member of the volunteer fire department shall show on his application that he meets all of the following requirements:
(1) 
He is not less than 18 years of age.
(2) 
He is a citizen of the United States of America.
(3) 
He agrees to abide by the provisions of this article and regulations enacted pursuant to this article.
(1999 Code, sec. 31.03)
All applications for membership must be filed with the secretary of the volunteer fire department, who shall place the names of all applicants before the membership as a whole at a regular meeting, for the purpose of determining whether the members approve the application. Approval or disapproval of the application shall be determined by a vote of the active members.
(1999 Code, sec. 31.04)
The volunteer fire department shall elect from among the active members the following officers, who shall hold office for one year. These officers may succeed themselves if reelected at the expiration of their terms of office.
(1) 
Fire chief.
There shall be elected one fire chief, who shall be head of the volunteer fire department. He shall supervise the operation of the department, shall be invested with the authority to use city-owned fire equipment to the best advantage of the people of the city, shall be empowered to conduct training meetings, fire practice meetings and other fire prevention activities, and may remove any member from any position the member occupies if in his opinion such member is violating this article or performing acts that are not to the benefit of the people of this city. He shall have active charge of city-owned fire equipment and apparatus and shall recommend to the city council various measures that he deems beneficial to the city.
(2) 
Assistant fire chief.
There shall be elected one assistant fire chief, who shall assume the place and duties of the fire chief when the fire chief is absent.
(3) 
President.
There shall be elected one president, who shall preside at all business meetings and who shall preside at all elections, and whose responsibility it shall be to see that order is maintained at the meetings, that matters coming before the meetings are properly understood by the members and that fair and impartial decisions on such matters are given. The president shall have no vote at the meetings and shall not have the privilege of presenting matters he is interested in unless he appoints a temporary president to preside while he has the floor. In this event he shall be entitled to vote, but the temporary president would be ineligible to vote so long as he is acting as president and presiding at the meeting. The president shall, in appointing the temporary president or chairperson, appoint only persons who are disinterested and impartial in the matter that he desires to place before the members.
(4) 
Vice-president.
There shall be elected one vice-president, who shall assume the place of the president during the periods the president may be absent.
(5) 
Secretary.
There shall be elected one secretary, whose duty it shall be to keep such records as may be desired and to record the minutes of each meeting. The secretary shall further keep a record on the attendance of each member, of all fire calls and the names of the property owners involved, and of elections held and the results of such elections. The secretary shall furnish to the city council, immediately after the annual firefighter’s election, a complete list of all officers elected, along with the names of all other members and positions they are to hold for the ensuing year. Immediately upon receiving approval of the list from the city council, the secretary shall record such approval in the minutes of the volunteer fire department. The secretary shall furnish to the city council the names and positions of new members accepted, and names of members retiring from the membership rolls, and shall record approval of the new members as received from the city council. The secretary shall furnish to the city council such information as he may be called upon to furnish from time to time.
(6) 
Treasurer.
There shall be elected one treasurer, whose duty it shall be to keep a record of all receipts and disbursements. The treasurer shall separate funds received and disbursed from city revenues from any revenues that might be the property of the members. Any donations received shall be the property of the members of the volunteer fire department, unless such donation is made to the city, in which event the donation shall be recorded and the treasurer shall hand such donation to the city secretary for deposit in the general fund of the city.
(7) 
Other personnel.
There shall be elected such other personnel as may be deemed necessary to the efficient operation of the volunteer fire department.
(1999 Code, sec. 31.05)
The city council shall, from time to time, purchase such equipment as it deems necessary, and the volunteer fire department is authorized to use the equipment, and shall be charged as a whole, and the officers in particular, to see that the equipment is properly cared for, and not misused or abused.
(1999 Code, sec. 31.06)
The members of the volunteer fire department shall serve without compensation. The city shall, however, provide worker’s compensation for the members, covering their activities while engaged in activities of the volunteer fire department.
(1999 Code, sec. 31.07)
When equipment or operating supplies are to be paid for with budgeted city funds, an order for the purchase shall be secured from the city before the purchase is made.
(1999 Code, sec. 31.08)
The volunteer fire department may perform functions outside of its firefighting activities, form clubs, own property in the name of the organization, or conduct any other activity, but it is expressly understood that any activity performed outside of municipal activities shall not be governed by the city and such activities shall be the sole responsibility of the members as individual persons, and no insurance shall be applicable and no liability against the city may accrue for such actions, and the fact that such activities are permitted shall not be construed as involving the city in any manner whatsoever. All officers elected for various activities outside of municipal activities need not be confirmed by the city council.
(1999 Code, sec. 31.09)
(a) 
Recovering costs for fire protection and emergency services.
(1) 
Collection fees.
(A) 
The city council authorizes the fire chief of the city volunteer fire department to adopt charges to be billed against parties involved in motor vehicle accidents, hazardous waste or chemical spills, or other nonfire suppression activities included, but limited to, water rescues, special rescues, utility assist, landing zones, traffic control and roadway cleanup, to which the city or the city volunteer fire department responds with fire department equipment, emergency equipment, and/or volunteer fire department personnel. These charges shall be billed as a debt to the party causing the event, the landowner, the party controlling the premises in the event of a spill or dumping and/or the party transporting said hazardous, dangerous and/or injurious product. Fire suppression activities resulting from third party negligence may be billed against that third party. Fire suppression resulting from arson may be billed against the arsonist.
(B) 
The fire chief, or his designee, shall bill and collect all fees and costs for fire prevention services and for other public safety rendered by the city volunteer fire department. Such fees include but are not limited to the use of labor, equipment, materials, maintenance and overhead expenses and cost of whatever nature which constitutes full reimbursement to the city volunteer fire department for services actually rendered and as hereafter authorized.
(C) 
In a timely manner from the date of providing fire prevention and protection services or other public and emergency services for the motor vehicle accidents, the fire chief, or his designee, shall submit an invoice for all costs, fees, charges, and expenses related to providing such services, to include but not be limited to all actual expenses including costs of equipment operations, cost of material utilized, costs of specialist experts or other contract labor not in the full-time employment of the city; overtime costs, and other incidental costs incurred by the city as a result of the incident, to the customer, client, owner, designated agent, representative and/or insurance company who received, covered and/or otherwise benefited from these services.
(D) 
Any bills, fees, or penalties, including but not limited to clean up costs, fees or expenses that are imposed by the city or the city volunteer fire department by any local, state or federal agency, related to the rendering of fire protection or prevention services or of other public safety and emergency services may be included in the billing or billed separately in a timely manner.
(E) 
Fees shall be collected for services provided inside the city limits as well as those provided outside the city limits.
(F) 
Fees collected pursuant to this section shall be deposited in a special revenue account with the city’s depository requiring the signatures of both the city manager or his designee and the city volunteer fire department chief or his designee on any expenditure. Funds from this account are expressly limited to being used by the city volunteer fire department for the purpose of funding apparatus, equipment and training of the city volunteer fire department.
(2) 
Enforcement.
The city may enforce the provisions of this section by any action allowed by law for the collection of any amounts due hereafter, including reasonable and necessary collection agency activity and fees, attorney fees, costs and expenses, in a court of competent jurisdiction.
(b) 
Exemptions from fees.
No fees shall be charged for calls for service at residential structure fires (single family), nor shall any charges be applicable for any medical responses involving Medicare and Medicaid patients.
(c) 
Penalty.
Any person who violates any provision of this section shall, upon, conviction, be subjected to a fine of not more than two hundred dollars ($200.00) for each offense. Each day that such violation is permitted to continue shall constitute a separate offense. The term “person” as used in this section shall include the owner, occupant, mortgagee or vendor in possession, assignee, or rents, receiver, executor, trustee or lessee, agent or another person, firm or corporation directly, or indirectly, in control of a building or tract of land.
(Ordinance 857 adopted 6/28/21)