97-24 O - Abolishing Volunteer Fire Department/Creating New Volunteer Department with Rules and Regulations • • 4 4059 0914 9 — 01016.300
TOWN OF PROSPER, TEXAS ORDINANCE NO. 9 7-24
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS ABOLISHING THE
PRESENT PROSPER VOLUNTEER FIRE DEPARTMENT AND
DISBANDING AND/OR TERMINATING ANY CURRENT VOLUNTEER
FIREMEN; ESTABLISHING A VOLUNTEER FIRE DEPARTMENT FOR
THE TOWN OF PROSPER; PROVIDING FOR RULES AND REGULATIONS
FOR ITS DURATION,MEMBERSHIP, ORGANIZATION DUTIES,
OWNERSHIP OF PROPERTY AND HANDLING OF CONTRIBUTIONS;
PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR REPEALING, SAVING AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF
THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS,the Town Council of the Town of Prosper, Texas ("Town Council"), under
the authority of the Texas Constitution, Government Code and/or Local Government Code,
investigated and determined that it would be advantageous and beneficial to the Town of Prosper
("Prosper") and its inhabitants to abolish the current volunteer fire department and to re-establish
a volunteer fire department under the control and direction of the Town Council. BE IT
ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS:
Section 1: The findings set forth above are incorporated into the body of this Ordinance
as if fully set forth herein.
Section 2: The Prosper Volunteer Fire Department of Prosper, Texas, as it is presently
established and known, is hereby abolished and all its members are disbanded and/or terminated.
Section 3: A volunteer fire department to be known as the Prosper Volunteer Fire
Department("PVFD") is hereby established.
Section 4: The duties of the PVFD shall include,but not be limited to, the fighting of
fires,providing emergency rescue services,providing fire prevention services and enforcement
and any other duties that may be prescribed by the Town Council from time to time.
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Section 5: The Town Council shall appoint a Volunteer Fire Chief of the PVFD. The
Chief of the PVFD and the Town Council shall promulgate rules, regulations and operating
procedures under which the PVFD shall operate. The rules, regulations and operating procedures
shall be passed by the Town Council and may be amended by the Town Council as it deem
necessary. Said rules, regulations and operating manual shall be designated "Operating Manual
of the Prosper Volunteer Fire Department" (the "Manual")..
Section 6: The PVFD shall be composed of a Chief and the number of volunteer
members as deemed appropriate by the Chief. Volunteer applicants must make written
application for membership. Each applicant must meet all standards set forth in the Manual and
this Ordinance prior to consideration for membership. Each applicant must be accepted by the
Chief of the PVFD and the Town Council prior to being commissioned.
Section 7: If the appointment of the Chief of the PVFD shall be prior to the
promulgation of the Manual, then the Chief of the PVFD shall have the authority to appoint,
without prior approval of the Town Council members to the PVFD during the interim. Said •
appointees of the PVFD shall serve until dismissed by the Chief of the PVFD or the
promulgation and approval by the Town Council of the Manual,whichever occurs first. After
adoption by the Town Council of the Manual, Section 5 of this Ordinance shall apply, and all
volunteer firemen appointed under this Section shall be relieved of their duties and status as
volunteer firemen.
✓ Section 8: Application for membership in the PVFD shall be filed with the Chief of the
PVFD. Such application shall be on a form prescribed by the Chief of the PVFD and approved
by the Mayor.
Section 9: The officers of the PVFD shall be a Chief, Assistant Chief, Captain,
Secretary-Treasurer and Training Officer. Other positions may be created that are deemed
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necessary by the Chief of the PVFD and approved by the Town Council. Duties and
qualifications for these positions shall be set forth in the Manual as adopted by the Town
Council.
Section 10: Appointment of the Chief and other officers of the PVFD shall be as
follows:
(a) The Chief of the PVFD shall be selected by the Town Council.
(b) The Assistant Chief, Captain, Secretary-Treasurer, Training Officer and any other
officers shall be appointed by the Chief of the PVFD subject to the approval of the
Town Council.
Section 11: The Chief of the PVFD, at the Town Council's discretion,may be paid a
salary. In such an event, he shall be an employee of Prosper. The Chief shall be paid at a rate
and in a manner that is deemed fair and equitable by the Town Council.
Section 12:
(a) Membership of any volunteer fireman in the PVFD may be terminated by the
Chief of the PVFD with approval of the Town Council for any cause set forth in the Manual.
The Chief of the PVFD and the Town Council must both recommend and approve termination
before any volunteer fireman may be terminated.
(b) The Chief of the PVFD may suspend any volunteer fireman for a period not to
exceed thirty(30) days for any cause set forth in the Manual. If suspension is imposed,the Chief
) shall, in writing and within 24 hours of said suspension,state the reasons for the suspension. The
volunteer fireman shall be given the written reasons within a reasonable time of the suspension
date. The volunteer fireman shall have the right to appeal as set out in the Manual.
(c) A member of the PVFD may resign by delivering his written resignation to the
Chief of the PVFD. The resignation shall be effective upon acceptance by the Town Council.
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The Chief of the PVFD maybe terminated by the Mayor upon recommendation of the
Town Council for any reason set forth in the Manual.
(d) The Mayor shall have the authority to suspend the Chief of the PVFD for a period
not to exceed fourteen(14) days for any reason deemed sufficient by the Mayor. Prior to any
suspension,the Mayor shall, in writing and within 24 hours of said suspension, state the reasons
for the suspension. The Chief shall be given the written reasons within a reasonable time of the
suspension date. The Chief shall have the right to appeal any suspension to the Town Council if
said suspension is not terminated prior to any regularly scheduled Town Council meeting or
special called Town Council meeting. Said right of appeal shall be set forth in the Manual.
(e) If the Chief is suspended by the Mayor, the Mayor shall appoint an interim Chief
who shall serve until the suspension is lifted or otherwise disposed of.
Section 13: The Mayor shall swear in the Officers of the PVFD prior to the Officers
discharging their duties.
Section 14:
(a) The Fire Chief shall be the administrative and operational head of the PVFD. He
shall work under the direction of the Mayor and shall operate in accordance with procedures
outlined for his department, as well as all other departments of Prosper. The Fire Chief shall
further operate his department under procedures established by the Chief and approved by the
Mayor and Town Council.
(b) The Chief of the PVFD shall have the powers and perform the duties as prescribed
by the laws of the State of Texas and by the Ordinances of Prosper.
Section 15: Before August 1 of each year, the Fire Chief shall submit to the Mayor a
proposed budget for the operation and maintenance of the PVFD, including all proposed revenue
_./ and expenditures for the succeeding fiscal year. The Mayor will then accept or amend the
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recommended budget and present it to the Town Council. Prosper and the PVFD shall enter into
a contract for an amount of money agreed by the Town Council in return for services performed
by the PVFD as set forth in Section 3 of this Ordinance. The Fire Chief will then operate under
this contract through purchasing procedures established by the Mayor and approved by the Town
Council.
Section 16: The Fire Chief may require the members of the PVFD to take physical
examinations in such scope and at such reasonable time intervals as may be determined by the
Fire Chief. If a member of the PVFD fails a physical examination or refuses to take a physical
examination upon the request of the Fire Chief, the person ceases to be a member of the PVFD.
Any physical examination required by the Fire Chief shall be at the expense of Prosper.
i Section 17:
(a) All emergency fire fighting equipment, PVFD building and property shall be the
property of Prosper.
(b) The Fire Chief is the sole authority to accept contributions to the PVFD. Said
contributions shall be used for the purchase of equipment or property for use by the PVFD or for
benefits for the members of the PVFD. All contributions shall be made of record and said
records made available to the Mayor or Town Council upon request.
(c) Any contribution of fire fighting equipment or contributions of personal or real
property to the PVFD shall become the property of Prosper.
J (d) All property or goods purchased with money donated to the PVFD shall become
the property of Prosper.
(e) Any contracts entered into by the present Prosper Volunteer Fire Department of
Prosper, Texas are hereby assigned to the new PVFD created by this Ordinance.
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Section 18: Any person, firm or corporation who organizes, attempts to organize and/or
operates, or attempts to operate, a volunteer fire department outside the boundaries if this
Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined
in a sum not exceeding Five Hundred($500.00), and each and everyday such violation continues
shall be considered a separate offense; provided, however, such penal provision shall not
preclude a suit to enjoin such violation.
Section 19: Should any part or portion of this Ordinance, or the use created herein
affecting the PVFD,be declared unconstitutional or invalid by a court of competent jurisdiction,
it is expressly provided that any and all remaining portions and those provided for within this
Ordinance shall remain in full force and effect.
JI Section 20: All ordinances in conflict herewith are repealed to the extent they are in
conflict. Any remaining portions of said ordinances shall remain in full force and effect.
Section 21: This Ordinance shall become effective from and after its adoption and
publication as required by the Town Charter and by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS on this / day of 1997.
S� COFFMAN, yor
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ATTESTED TO AND
CORRECTLY RECORDED BY: APPROVED AS TO FORM:
S EY J CKb RIC M. ABERNATHY
Town,Secretary D. KAY WOODS
�f/V 1�4:. }, ABERNATHY, ROEDER,ROBERTSON
a c. ;,�, �%,.�i...„,,,, ,:;,\' BOYD &JOPLIN, P.C.
_ =' pi P R p\S�',t,�� Town Attorneys
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DATE OF PUBLICATION: DBCIBFR 17, 1997 ,McKinney Courier Gazette
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DEC 12-1997
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Filed for Record in:
COLLIN COUNTY TX
HONORABLE HELEN STARNES
On 1997/12/12
At 10:39A
_ Number: 97- 0106300
Type : OR 21.00
ORDINANCE ESTABLISHING A NEW VOLUNTEER FIRE DEPARTMENT-Page 7
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