(A) The town shall maintain and/or enter into agreements with a volunteer fire company under applicable provisions of state law, including but not limited to I.C. 36-8-12, for the primary purpose of answering fire alarms and extinguishing fires, and to care for and maintain fire fighting equipment and facilities in a state of readiness and to do all things reasonably related thereto.
(B) The volunteer fire company will be expected to function as above set out within the corporate boundaries of the town and outside of those boundaries pursuant to one or more contracts and/or mutual aid agreements between and/or among the town, the volunteer fire company and/or another governmental entity when the contracts and/or agreements are entered into with a primary purpose of enhancing the fire fighting and fire prevention ability of the volunteer fire company within municipal limits.
(C) The town shall only enter into contracts and/or agreements in a circumstance where the primary purpose of the town in doing so is as recited in division (B) above and where materially all of the net monetary consideration received by the town from any contract is applied and/or expended to accomplish that primary purpose.
(D) The volunteer fire company’s roster of volunteer fire fighters shall be submitted to and subject to the approval of the Council of the town from time to time, and as directed by the Council.
(E) The town shall pay the volunteer fire company in a lump sum or by individuals as determined from time to time as consideration for its services an amount of money as is determined by negotiation between the town and that company from time to time, which consideration shall include all amounts that the town is required by law to pay in the circumstance for insurance premiums, clothing, automobiles and/or other allowances.
(F) (1) The town volunteer fire company in existence as of the adoption of this section has formed Roanoke Volunteer Fire Department, Inc., which was incorporated by the state on or about 8-22-1961. The corporate entity is in existence and shall hereafter function only for certain recreational and fund raising purposes.
(2) Further, it is expressly understood by and agreed by the town, the volunteer fire company and the corporation, that the corporation is not a part of the fire protection, fire prevention and/or fire fighting function performed by the volunteer fire company for the town and/or any other governmental entity pursuant to the provisions of this code.
(G) All of the firefighting facilities and apparatus, but not the personal clothing or personal vehicles for which statutory allowances may be provided, have been, and shall hereafter be, obtained and owned by the town.
(H) The town may contract and/or agree with that volunteer fire company and/or another in arrangements similar to those anticipated in divisions (A) through (G) above where the primary purpose of those arrangements is to enhance the availability of emergency medical and/or rescue services within the town’s municipal limits and otherwise according to applicable laws.
(I) (1) Any volunteer fire company contracting with the town as set out herein may operate under a constitution and/or by-laws and/or articles of association, or similar documentation, which documentation is not inconsistent with applicable law or the provisions of this code, or any contract and any understanding between the volunteer fire company and the town. Any documentation shall contain an express provision, and be subject to the condition, that any amendment or addition shall be presented to the Town Council for its approval or rejection, and the action of the Council shall be final.
(2) A complete and current copy of any and all documentation shall be promptly furnished to and maintained in a current status with the Clerk-Treasurer of the town. The material shall be public documents and available to members of the public as such.
(Prior Code, § 32.01) (Ord. 1986-5, passed 10-6-1986)