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2015-030 - AMENDMENT SEPARATING THE POSITIONS OF THE FIRE MARSHAL AND ASSISTANT CHIEFORDINANCE NO. 201 5 -030 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTIONS 12 -1 THROUGH 12 -4, COMPOSITION OF DEPARTMENT, OF CHAPTER 12 FIRE, OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS, WITHIN THE FIRE DEPARTMENT; AND OTHER MATTERS RELATED TO THE SAME PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the employment of Firefighters in the City of Paris is governed by Chapter 143 of the Local Government Code, dealing with Civil Service employment; and, WHEREAS, Section 143.021 of said Chapter 143 of the Local Government Code states that that the Civil Service Commission shall provide for the classification of all fire fighters and police officers and the municipal governing body shall establish the classifications of Firefighters by ordinance; and WHEREAS, the City Council, in accordance with the provisions of state law and the applicable ordinances of the city, have given the required notices, if any, and have held all required public hearings regarding this amendment to the Paris City Code; and WHEREAS, the City Council finds that it is in the public interest to make the amendments described herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. The findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That Section 12 -1, "Composition of department," is hereby amended to read as follows: "The fire department of the City shall be composed of the fire chief, assistant fire chief, and forty -nine (49) members classified as follows: (1) Four deputy chiefs; (2) Twelve fire captains; (3) Six engineers /drivers; and (4) Twenty- seven - firefighters." Section 2. That Section 12 -2, "Designation of the assistant fire chief," is hereby amended to read as follows: "The chief of the fire department shall designate an officer of the fire department to serve, at the pleasure of the fire chief, as the assistant fire chief." Section 3. That Section 12 -3 "Fire marshal to serve as assistant fire chief," is hereby deleted in its entirety. Section 4. That Section 12 -4, "Delegation of the fire chief's powers and duties to the fire marshal," is hereby amended to read as follows: "The chief of the fire department may delegate any of his/her powers and duties under this article to the assistant fire chief." Section 5. That any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction be subject to a fine in accordance with the general provisions of the Paris Code of Ordinances. Section 6. That Ordinance 2010 -028 shall remain in full force and effect save and except as amended by this ordinance. Section 7. That the sections, paragraphs, sentences, phrases, clauses and words of this ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this ordinance or application thereof to any person, firm or corporation, or to any circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council hereby declares that it would have adopted such remaining portions of this ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 8. That this ordinance shall take effect upon its passage, and it is accordingly so ordained. PASSED AND ADOPTED this 26t' day of October, X015. A. J. H City of ATTEST: ice Ellis, City Clerk