93-03 R - Emergency Management Plan g06712, Of�'Z042E Z
P.O. Box 297
Prosper, Texas 75078
214/347-2304
JOINT RESOLUTION ct.3-(}3
WHEREAS, THE CITY OF PROSPER BY CITY ORDINANCE NO. 93-03, AND COLLIN COUNTY
BY COMMISSIONERS COURT ORDER DATED JUNE 27, 1994 , HAVE ESTABLISHED SIMILAR
PROGRAMS OF COMPREHENSIVE EMERGENCY MANAGEMENT WHICH INCLUDE THE MITIGATION,
PREPAREDNESS RESPONSE AND RECOVERY PHASES OF EMERGENCY MANAGEMENT; AND
WHEREAS, THE CITY AND COUNTY FIND THAT VULNERABILITY TO MANY POTENTIAL
HAZARDS IS SHARED BY RESIDENTS OF PROSPER AND THE UNINCORPORATED PORTIONS OF
COLLIN COUNTY; AND
WHEREAS, THE CITY AND COUNTY FURTHER FINDS THAT THE COMMON GOAL OF EMERGENCY
MANAGEMENT CAN BEST BE ACHIEVED THROUGH AN ORGANIZATION WHICH SHARES THE COMBINED
RESOURCES OF THE CITY AND THE COUNTY;AND
WHEREAS, THE CONTEMPLATED ACTION IS SPECIFICALLY AUTHORIZED BY THE AFORE-
MENTIONED ORDINANCE AND COURT ORDER;
THEREFORE, BE IT RESOLVED THAT THERE IS HEREBY ESTABLISHED THE COLLIN COUNTY
EMERGENCY MANAGEMENT ORGANIZATION WHICH SHALL CONSIST OF THE OFFICERS AND EMPLOYEES
OF THE CITY AND OF THE COUNTY AS DESIGNATED IN A JOINT EMERGENCY MANAGEMENT PLAN,
TOGETHER WITH SUCH ORGANIZED VOLUNTEER GROUPS AS THAT PLAN MAY SPECIFY; AND
BE IT FURTHER RESOLVED THAT THE MAYOR OF PROSPER AND THE COLLIN COUNTY JUDGE
SHALL MUTUALLY APPOINT AN EMERGENCY MANAGEMENT COORDINATOR TO COORDINATE ALL
ASPECTS OF THE COLLIN COUNTY PROGRAM OF COMPREHENSIVE EMERGENCY MANAGEMENT, INCLUD-
ING THE PREPARATION AND MAINTENANCE OF A JOINT EMERGENCY MANAGEMENT PLAN FOR
PROSPER AND COLLIN COUNTY IN ACCORDANCE WITH THIS RESOLUTION.
RESOLVED THIS THE 27th DAY OF JUNE , 1994
MA OR, TY 0 PROSPER UN-TY JUDGE, G' IN COUNTY
ATTEST:
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C TY ECRETA ?41/7703 AO'1 UN.TY CLERK
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P.O. Box 297
Prosper, Texas 75078
214/347-2304
MUTUAL AID AGREEMENT
THE CONTRACTING CITY AND COUNTY SOLEMNLY AGREE:
SECTION 1 . PURPOSE
THE PURPOSE OF THIS AGREEMENT IS TO PROVIDE MUTUAL AID AMONG THE CITIES
AND COUNTIES IN MEETING ANY EMERGENCY OR DISASTER FROM ENEMY ATTACK OR OTHER
CAUSE, NATURAL OR OTHERWISE. THIS AGREEMENT IS MADE PURSUANT TO THE INTER-
LOCAL COOPERATION ACT, VERNON'S TEXAS CIVIL STATUTES, ARTICLE 4413 (32c) , AND
ATRICLE 6889-7 OF THE REVISED CIVIL STATUTES OF TEXAS, COMMONLY REFERRED TO
AS THE DISASTER ACT OF 1975. THIS AGREEMENT RECOGNIZES THAT THE PROMPT, FULL
AND EFFECTIVE UTILIZATION OF THE RESOURCES OF THE RESPECTIVE CITIES AND COUNTIES
IS ESSENTIAL TO THE SAFETY, CARE AND WELFARE OF THE PEOPLE THEREOF IN THE
EVENT OF A MAJOR EMERGENCY OR DISASTER. THE DIRECTORS OR COORDINATORS OF
EMERGENCY MANAGEMENT OF ALL PARTY CITIES AND COUNTIES SHALL CONSTITUTE A
COMMITTEE TO FORMULATE PLANS AND TAKE ALL NECESSARY STEPS FOR THE IMPLEMENTATION
OF THIS AGREEMENT. SUCH PLANNING SHALL INCORPORATE THE USE OF RESOURCES,
INCLUDING PERSONNEL, EQUIPMENT, AND SUPPLIES NECESSARY TO PROVIDE MUTUAL AID.
SECTION 2. RESPONSIBILITIES
IT SHALL BE THE DUTY OF EACH PARTY CITY OR COUNTY TO FORMULATE EMERGENCY
MANAGEMENT PLANS AND PROGRAMS FOR APPLICATION WITHIN SUCH CITY OR COUNTY.
THERE SHALL BE FREQUENT CONSULTATION BETWEEN THE REPRESENTATIVES OF THE CITY
AND COUNTY WITH THE STATE OF TEXAS AND THE FREE EXCHANGE OF INFORMATION AND
SERVICES. IN CARRYING OUT SUCH EMERGENCY MANAGEMENT PLANS AND PROGRAMS, THE
PARTY CITY AND COUNTY SHALL, SO FAR AS POSSIBLE, PROVIDE AND FOLLOW UNIFORM
STANDARDS, PRACTICES AND RULES AND REGUALTIONS INCLUDING:
(A) WARNINGS AND SIGNALS FOR EXERCISES OR DISASTERS AND THE MECHANICAL
DEVICES TO BE USED IN CONNECTION THEREWITH;
(b) SHUTTING OFF WATER MAINS, GAS MAINS, ELECTRIC POWER CONNECTIONS AND
THE SUSPENSION OF ALL OTHER UTILITY SERVICES;
(c) SELECTION OF ALL MATERIALS OR EQUIPMENT USED OR TO BE USED FOR
EMERGENCY MANAGEMENT PURPOSES TO ASSURE THAT SUCH MATERIALS AND
EQUIPMENT WILL BE EASILY AND FREELY INTERCHANGEABLE WHEN USED IN
OR BY ANY OTHER PARTY CITY OR COUNTY;
(d) THE CONDUCT OF CIVILIANS AND THE MOVEMENT AND CESSATION OF MOVEMENT
OF PEDESTRIANS AND VEHICULAR TRAFFIC, PRIOR, DURING AND SUBSEQUENT
TO EXERCISES OR DISASTERS.
(e) THE SAFETY OF PUBLIC MEETING OR GATHERINGS.
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ANY PARTY CITY OR COUNTY REQUESTED TO RENDER MUTUAL AID SHALLTAKE SUCH ACTION
AS IS NECESSARY TO PROVIDE AND MAKE AVAILABLE THE RESOURCES COVERED BY THIS AGREE-
MENT IN ACCORDNACE WITH THE TERMS HEREOF; PROVIDED THAT IT IS UNDERSTOOD THAT
THE CITY OR COUNTY RENDERING AID MAY WITHHOLD RESOURCES TO THE EXTENT NECESSARY TO
PROVIDE RESAONABLE PROTECTION FOR SUCH CITY OR COUNTY. EACH PARTY CITY OR COUNTY
WHILE OPERATING WITHIN ITS CITY OR COUNTY LIMITS UNDER THE TERMS AND CONDITIONS OF
THIS AGREEMENT, THE SAME POWERS (EXCEPT THAT OF ARREST UNLESS, SPECIFICALLY. AUTHORIZED
BY THE RECEIVING CITY OR COUNTY) , DUTIES, RIGHTS, PROVILEGES AND IMMUNITIES AS IF
THEY WERE PERFORMING THEIR DUTIES IN THE CITY OR COUNTY IN WHICH NORMALLY EMPLOYED
OR RENDERING SERVICES. EMERGENCY MANAGEMENT FORCES WILL CONTINUE UNER THE COMMAND
AND CONTROL OF THEIR REGULAR LEADERS, BUT THE ORGAINZATIONAL UNITS WILL COME UNDER
THE OPERATIONAL CONTROL OF THE EMERGENCY MANAGEMENT AUTHORITIES OF THE CITY OR COUNTY
RECEIVING ASSISTANCE.
ALL REQUESTS FOR MUTUAL AID UNDER THIS AGREEMENT SHALL BE MADE THROUGH THE
STATE DISASTER DISTRICT ORGANIZATION AND THAT ORGANIZATION WILL SERVE AS A CHANNEL
THROUGH WHICH OUTSIDE AID WILL BE DISPATCHED.
SECTION 3. LIABILITY
NO PARTY CITY OR COUNTY OR ITS OFFICERS OR EMPLOYEES RENDERING AID IN ANOTHER
CITY OR COUNTY PURSUANT TO THIS AGREEMENT SHALL BE LIABLE ON ACCOUNT OF ANY ACT
OR OMMISSION IN GOOD FAITH ON THE PART OF SUCH FORCES WHILE SO ENGAGED, OR ON
ACCOUNT OF THE MAINTENANCE OR USE OF ANY EQUIPMENT OR SUPPLIES IN CONNECTION THERE-
WITH.
SECTION 4. SUPPLEMENTARY AGREEMENT
INASMUCH AS IT IS PROBABLE THAT THE PATTERN AND DETAIL OF THE ARRANGEMENTS FOR
MUTUAL AID AMONG TWO (2) OR MORE CITIES OR COUNTIES MAY DIFFER FROM THAT APPROPRIATE
AMONG OTHER CITIES OR COUNTIES PARTY HERETO, THIS INSTRUMENT CONTAINS ELEMENTS OF A
BROAD BASE COMMON TO ALL CITIES AND COUNTIES, AND NOTHING HEREIN CONTAINED SHALL PRE-
CLUDE ANY CITY OR COUNTY FROM ENTERING INTO SUPPLEMENTARY AGREEMENTS WITH ANOTHER
CITY OR COUNTY OR CITIES OR COUNTIES. SUCH SUPPLEMENTARY AGREEMENTS MAY
COMPREHEND, BUT SHALL NOT BE LIMITED TO,PROVISIONS FOR EVACUATION AND RECEPTION OF
INJURED AND OTHER PERSONS, AND THE EXCHANGE OF MEDICAL CARE, FIRE, POLICE, PUBLIC
UTILITY, RECONNAISSANCE, WELFARE, TRANSPORTATION AND COMMUNICATIONS PERSONNEL,
EQUIPMENT AND SUPPLIES.
SECTION 5. COMPENSATION
EACH PARTY CITY OR COUNTY SHALL PROVIDE FOR THE PAYMENT OF COMPENSATION AND
DEATH BENEFITS TO INJURED MEMBERS OF THE EMERGENCY MANAGEMENT FORCES OF THAT CITY
OR COUNTY AND THE REPRESENTATIVES OF DECEASED MEMBERS OF SUCH FORCES IN CASE SUCH
MEMBERS SUSTAIN INJURIES OR ARE KILLED WHILE RENDERING AID PURSUANT TO THIS AGREE-
MENT, IN THE SAME MANNER AND ON THE SAME TERMS AS IF THE INJURY OR DEATH WERE SUS-
TAINED WITHIN SUCH CITY OR COUNTY.
2.
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SECTION 6. FINANCE
ANY PARTY CITY OR COUNTY RENDERING AID IN ANOTHER CITY OR COUNTY PURSUANT TO
THIS AGREEMENT SHALL BE REIMBURSED BY THE PARTY CITY. OR COUNTY RECEIVING SUCH AID
FOR ANY LOSS OR DAMAGE TO, OR EXPENSE INCURRED IN THE OPERATION OF ANY EQUIPMENT
ANSWERING A REQUEST FOR AID, AND FOR THE COST INCURRED IN CONNECTION WITH SUCH
REQUEST; PROVIDED, THAT ANY AIDING PARTY CITY OR COUNTY MAY ASSUME IN WHOLE OR IN
PART SUCH LOSS DAMAGE EXPENSE, OR OTHER COST, AND. PROVIDED FURTHER THAT ANY TWO (2)
OR MORE PARTY CITIES OR COUNTIES MAY ENTER INTO SUPPLEMENTARY AGREEMENTS ESTABLISH-
ING A DIFFERENT ALLOCATION OF COSTS AS AMONG THOSE CITIES OR COUNTIES.
SECTION 7. SEVERABILITY
THIS AGREEMENT SHALL CONTINUE IN FORCE AND REMAIN BINDING ON EACH PARTY CITY
AND COUNTY UNTIL THE CITY COUNCIL OR COMMISSIONERS' COURT OF SUCH PARTY CITY OR
COUNTY TAKES ACTION TO WITHDRAW THEREFROM. SUCH ACTION SHALL NOT BE EFFECTIVE
UNTIL 90 DAYS AFTER NOTICE THEREOF HAS BEEN SENT BY THE EMERGENCY MANAGEMENT DIR-
ECTOR OF THE PARTY CITY OR COUNTY DESIRING TO WITHDRAW TO THE EMERGENCY MANAGEMENT
DIRECTOR OF ALL OTHER PARTY CITIES OR COUNTIES.
THIS AGREEMENT SHALL BE CONSTRUED TO EFFECTUATE THE PURPOSE STATED IN SECTION
1 , HEREOF. IF ANY PROVISION OF THIS AGREEMENT IS DECLARED UNCONSTITUTIONAL, OR
THE APPLICABILITY THEREOF TO ANY PERSONS OR CIRCUMSTANCES IS HELD INVALID, THE
CONSTITUTIONALITY OF THE REMAINDER OF THE AGREEMENT AND THE APPLICABILITY THEREOF
TO OTHER PERSONS AND CIRCUMSTANCES SHALL NOT BE AFFECTED THEREBY.
SECTION 8. APPLICABILITY
THIS AGREEMENT SHALL BECOME OPERATIVE IMMEDIATELY UPON ITS APPROVAL BY ANY CITY
OR COUNTY AS BETWEEN IT AND ANY OTHER CITY OR COUNTY OR CITIES OR COUNTIES SO
FATIFYING. DULY AUTHENTICATED COPIES OF THIS AGREEMENT AND OF SUCH SUPPLEMENTARY
AGREEMENTS AS MAY BE ENTERED INTO SHALL, AT THE TIME OF THEIR APPROVAL, BE DEPOSITED
WITH EACH OF THE PARTY CITIES AND COUNTIES AND WITH THE DIVISION OF EMERGENCY.
MANAGEMENT AND -OTHER APPROPRIATE AGENCIES OF THE STATE OF TEXAS.
THIS AGREEMENT SHALL BECOME BINDING AND OBLIGATORY WHEN IT SHALL HAVE BEEN
SIGNED BY THE MAYOR AND/OR COUNTY JUDGE OF THE RESPECTIVE CITIES AND COUNTIES
ENUMERATED IN THIS AGREEMENT; WHEN IT SHALL HAVE BEEN APPROVED BY THE CITY COUNCIL
AND/OR COMMISSIONERS' COURT OF EACH CITY OR COUNTY.
C NTY JUDGE
CITY OF PROSPER COUNTY
DATE � -o�(� - C3 DATE ��
COURT ORDER NO. 94- 627 -06-27
THE STATE OF TEXAS RESOLUTION: INCLUSION OF AREA
CITIES IN EMERGENCY
MANAGEMENT PLAN
COUNTY OF COLLIN FIRE MARSHAL
On June 27, 1994, the Commissioners' Court of Collin County, Texas, met in special session
with the following members present and participating, to wit:
Ron Harris County Judge, Presiding
Phyllis Cole Commissioner, Precinct 1
Jerry Hoagland Commissioner, Precinct 2
John Witherspoon Commissioner, Precinct 3
Jack Hatchell Commissioner, Precinct 4
During such session the court considered a request from the Fire Marshal for approval of a joint
resolution for the inclusion of area cities to be accepted as joint users of the Emergency
Management Plan for Collin County.
Thereupon, a motion was made, seconded and carried with a majority vote of the court approving
the attached resolution for the inclusion and acceptance of the various area cities as joint users of
the Emergency Management Plan.
on Harris, County Judge
Phyllis Cdit, C sioner, Pct. 1
Je oagland, sioner, c . 2
John herspoon, Commissioner Pct. 3
Jack Ha ll, Commissioner, Pct. 4
OF
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He n Starnes, Ex-0 lcio
C40ommissioners' Court •'�`
Collin County, TEXAS ��',,���* •...... Sd�i'':����``
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