[HISTORY: Adopted by the Common Council of the City of Manawa 10-1-1998.
This chapter superseded former Ch. 28, Fire Department, adopted 10-8-1993
as Title 5, Ch. 5 of the 1989 Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 59.
The above municipalities[1] jointly establish a Fire Department for the purpose of furnishing
fire-fighting services to the territory included within the Department area
to be maintained and operated in accordance with the following terms, conditions
and plan.
[1]
Editor's Note: The agreement creating the Manawa Rural Fire Department
was entered into by the City of Manawa, Town of Little Wolf, Town of Union,
Town of Royalton and Town of Lebanon.
The name of the Department shall be "Manawa/Rural Fire Department" ("the
Department").
The principal office of the Department shall be located in the fire
station at 500 S. Bridge St., Manawa, WI.
A.
The area to be included in the Department area served
by the fire fighting equipment and supplies of said Department shall be:
(1)
All property lying within the City of Manawa.
(2)
All property lying within the Town of Little Wolf.
(3)
All property lying within the north 1/4 Town of Royalton.
(4)
All property lying within the Town of Union.
(5)
All property lying within section on attached map
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7-8-9, 4-5-6, 16-17-18, part of 19, Town of Lebanon
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SE 1/4 of SE 1/4, 19 not included.
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B.
All as is shown on the attached map or maps of said municipalities,
which maps are hereby incorporated and made a part of this agreement. The
boundaries designated on said map or maps shall control for the purpose of
this agreement.
The term of this agreement shall commence upon execution of this agreement
by all municipalities. In the event that the Department shall be dissolved,
the net assets remaining after payment of all liabilities shall be assigned
to the municipalities in proportion to the total budgeted contributions made
by each municipality.
The purpose of the Department shall be to provide fire or other emergency
services to all persons and properties within the Department boundaries. It
is hereby understood that any reference to fire protection in this agreement
means fire or other emergency services. The municipalities acknowledge:
A.
That greater protection against fire losses can be secured
by contributions to the joint purchase and ownership of fire-fighting equipment;
B.
That more effective fire protection can be promoted by
the joint and mutual cooperation of the municipalities; and
C.
That the cost of fire protection can be more equitably
shared pursuant to the terms of this agreement.
A.
The Department herein created shall be a governed by
a Commission consisting of seven voting members: 2 from Manawa, 2 from Little
Wolf, 1 from Royalton, 1 from Union, and 1 from Lebanon.
(1)
The primary Commissioners shall be duly elected supervisors
from each municipality, or a Commissioner appointed by said municipality.
(2)
The persons holding the positions of Fire Chief, Assistant
Chiefs and one nonofficer department member, all of whom have been elected
by the Fire Department, shall be nonvoting members of the Commission.
B.
The alternate Commissioners shall be duly elected supervisors
from each municipality or a Commissioner appointed by said municipality. Each
Commissioner will designate in writing at the annual meeting an alternate
Commissioner to serve in his/her place in the event that he/she cannot attend
a regular, special, or emergency scheduled meeting. The alternate Commissioner
shall have the right to vote only when that right is given to him/her by the
Commissioner. The alternate Commissioner shall make a diligent effort to attend
all regular, special or emergency meetings.
C.
Votes. Matters before the Commission shall be decided by vote with the Commissioners having and being entitled to the following number of votes: 1 vote for each full 1 million dollars of assessed valuation and 1 vote for any remaining part of million dollars greater than $500,000 dollars. This valuation is determined by § 40-13B of this agreement. The valuation figures shall be reviewed and revised if necessary prior to the annual meeting in the even number years. The following votes have been established for the calendar year 1998:
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This valuation has been determined using the 1998 statement of equalized
value as set by the Wisconsin Department of Revenue dated 1998. The figure
in the improvement column on Line No.7 shall be the value on record.
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D.
Annual budgets must be approved by at least 80% of weighted
votes.
E.
All capital expenditures must be approved by at least
80% of weighted votes.
F.
Majority vote controls; except as otherwise provided
herein, all matters which come before the Commission shall be decided by majority
vote.
H.
Commission meetings. All meetings of the Commission shall
be held at the meeting room, Manawa City Hall, Manawa, WI.
(1)
Regular meetings of the Commission shall be held bimonthly
at a time and place agreed upon by majority of the votes of the Commission.
(2)
The regular Commission meeting for the month of April
shall also be the annual meeting of the Commission.
(3)
Special and emergency meetings.
(a)
A special meeting of the Commission may be held whenever
called by the President or upon written direction of at least two of the Commissioners
entitled to vote. It shall be the duty of the secretary to give at least ten
days' notice of such meetings by mail to each Commissioner, and such
notice shall state the date, time and purpose. No other business may be conducted
at such meetings.
(b)
Emergency meetings shall be called in accordance with
W.S.A. s. 19.84(3).
(4)
The rules contained in the latest edition of Robert's
Rules of Order shall govern the Commission in all cases to which they are
applicable and in which they are not inconsistent with any special rules of
order the Commissioner may have adopted.
(5)
A majority of the Commissioners, by weighted votes, shall
constitute a quorum for all purposes excepting as otherwise specifically provided
by this agreement.
(6)
Upon execution of this agreement and appointment and
certification of all Commissioners, the commissioners shall forthwith hold
an organizational meeting for the purposes of organizing, including the election
of officers.
I.
Officers. The Commission shall have and elect at its
annual meeting a President, Vice President, Secretary and Treasurer. The Secretary
and Treasurer may be the same person.
(1)
President. The President shall be the chief executive
officer of the Commission, and subject to control of the Commission, shall
in general supervise all of the business and affairs of the Department. The
President shall preside at all meetings of the Commission and shall see that
all orders and resolutions are carried into effect. The President shall execute
all contracts and agreements authorized by the Commission and shall perform
such additional duties as may be prescribed form time to time by the Commission.
The President shall be a primary Commissioner.
(2)
Vice President. The Vice President shall discharge the
duties of the President in the event of his absence or disability and shall
perform such additional duties as may be prescribed from time to time by the
Commission. The Vice President shall be a primary Commissioner.
(3)
Secretary. The Secretary shall keep the minutes of the
meetings of the Commission, see that all notices are duly given and shall
be custodian of the Department records. The Secretary shall make reports required
to state agencies and to the governing bodies of the municipalities and shall
perform such additional duties as may be prescribed from time to time by the
Commission. The Secretary may be any Commission member.
(4)
Treasurer. The Treasurer shall have charge and custody
of and be responsible for all funds of the Department, receive and give receipts
for moneys due and payable to the Department from any source whatsoever and
deposit all such moneys in the name of the Department in such banks or other
depositories as shall be selected or designated by the Commission and disburse
such funds from time to time in the manner as hereinafter provided and shall
perform such additional duties as may be prescribed from time to time by the
Commission. The Treasurer may be any Commission member.
(5)
Other officers. The Commission may appoint a Deputy Secretary
or Deputy Treasurer by resolution of the Commission to have such duties, powers
and responsibilities as specified therein.
A.
The Commission shall designate a public depository or
depositories for its accounts. All funds of the Department shall be considered
public deposits. The Bay Lake Bank of Manawa is hereby designated as the initial
public depository for said Department.
B.
The Commission shall maintain a system of accounting
in conformity with generally accepted accounting methods. An annual report
shall be furnished to each of the Commissioners and to the Clerk of each of
the municipalities. This report shall be filed at the annual meeting.
C.
Funds shall be disbursed by order check, and it is hereby
provided that W.S.A. s. 66.042 shall apply to the Commission as to approval
and authorization of disbursements and the procedure of payment through order
check. The President and the Treasurer shall be required to sign all checks.
All Commission members may receive compensation for services provided
to the Department and shall be reimbursed for actual out-of-pocket expenses
incurred.
Contracts of the Department shall be in the name of the Department and
shall be approved by at least 80% of weighted votes of Commissioners.
The Commission may employ or contract for clerical, secretarial and
consultants the Commission may deem necessary.
A.
The municipalities hereby agree that as of the commencement
date of this agreement, without necessity of bill of sale, title to and possession
of all of the fire-fighting vehicles, equipment and supplies then in possession
of the Manawa Rural Fire Department shall be considered the sole and exclusive
property of the Department. All fire-fighting equipment in the possession
of the previously named municipalities shall be deemed the property of the
Department, if it meets the specifications as outlined by the NFPA 1500 and
ILHR 30 regulations.
B.
Fire Department equipment shall be stored in building,
presently owned by City of Manawa with Fire Department responsible for their
share of maintenance.
The financing of the costs of operation and capital acquisitions and
improvements of and for the Department shall be provided by the municipalities
pursuant to the following terms and conditions:
A.
Budget. The Fire Chief shall submit a written budget
to the Commission by the regular meeting in April. On or before October 15
of each year, the Commission shall submit to the governing boards of the municipalities
a budget setting forth the proposed expenses to be incurred by the Department
for the ensuing calendar year.
B.
Division of cost. Each municipality shall bear its share
of the budgeted costs of the Department as follows:
(1)
The budgeted costs shall be paid by each municipality in proportion to the amount that the most current assessed value as equalized for state purposes of all real property "improvements" (excluding assessed value of land) of the municipality in the Department bears to the then most current assessed valuation of all of the real property "improvements" in the District as equalized for state purposes. Refer to § 40-7C of this contract.
C.
Payments to Department. The payments to be made by each
municipality to the Department for its respective share of the budgeted costs
shall be made to the Commission Treasurer at least as often as quarterly.
Additional funding may be required due to emergency conditions.
D.
Contingency fund. It is the intent of this agreement
that in preparation of its budget for submission to the municipalities the
Commission will provide for a contingency fund; provided that the amount budgeted
for such fund shall be an amount so that the total amount of the contingency
fund does not exceed 10 percent of the amount budgeted for operation of the
Department (excluding sums budgeted for capital acquisitions and improvements).
E.
Department shall annually submit replacement plan to
keep a budget plan on a revolving every 10 years schedule.
F.
Funding. The City of Manawa Common Council may charge property
owners a fee for the cost of fire calls made to their property, but not to
exceed $500.
[Added 12-16-2002]
The Manawa Rural Fire Department shall man and operate the fire-fighting
equipment of the Department and provide the fire-fighting services to the
territory included in the Department.
A.
General authority. The Commission shall exercise general
authority and supervisory powers over the Manawa Rural Area Fire Department,
but the Commission shall not interfere with the general conduct, operations,
or activities of the said Department.
B.
Fire Department personnel. The Commission shall establish
working arrangements between the Commission and the Manawa Rural Fire Fighters.
A.
All charges for emergency response are the responsibility
of the Department.
B.
Fire inspections. All fire inspections conducted in the
Manawa Rural Fire Department are the responsibility of the Manawa Rural Fire
Department. All costs involved with said inspections will be the responsibility
of the Manawa Rural Fire Department. All compensation received by the Department
and the municipalities for these services shall be the property of the Department
and shall be disbursed in accordance with state and national directives. Each
municipality has the responsibility of reporting to the Department in a timely
manner any structure in its boundaries that is required to be inspected.
By execution of this agreement, mutual aid pacts are confirmed in the
name of the Department.
Dispatch service shall be 911 service.
The Department may agree to include additional areas but only by resolution
of the Commission passed with at least 80% affirmative votes in favor of such
resolution. Additional area outside of the municipalities may be added, but
only by amendment of this agreement.
Any municipality may withdraw from the Department effective on December
of any year. Any municipality desiring to withdraw shall notify the Commission
on or before July 1 preceding the December 31 withdrawal date. No withdrawing
municipality may claim any portion of the assets of the Department or be entitled
to any compensation for past contributions for vehicles, equipment or supplies
purchased whatsoever.
This agreement may be amended at any time by an instrument in writing
executed by the authorized officers of all of the municipalities supported
by a certified copy of a municipal resolution duly adopted by a majority vote
of the municipal governing board of each municipality; subsequent approval
by the Commission shall be by at least 80% of weighted votes.
Any notice under this agreement to be served upon any of the parties
hereunder by any of the other parties shall be in writing and shall service
upon the clerk of any or either of the municipalities by certified mail or
personal service and shall be signed by the entity giving the notice, being
the clerk of the particular municipality or the Secretary of the Department.
