93-03 O - Emergency Plan with County gown of iT0312E'Z
P.O. Box 297
Prosper, Texas 75078
ORDINANCE NO . 93 -0 3 214/347-23040
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AN ORDINANCE ESTABLISHING A PROGRAM INCLUDING MITIGATION,
PREPAREDNESS, RESPONSE AND RECOVERY PHASES OF COMPREHENSIVE
EMERGENCY MANAGEMENT; ACKNOWLEDGING THE OFFICE OF EMERGENCY
MANAGEMENT DIRECTOR; AUTHORIZING THE APPOINTMENT OF AN
EMERGENCY MANAGEMENT COORDINATOR; AND PROVIDING FOR THE
DUTIES AND RESPONSIBILITIES OF THOSE OFFICES; IDENTIFYING
AN OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO
COPE WITH ALL PHASES OF EMERGENCY MANAGEMENT WHICH THREATEN
LIFE AND PROPERTY IN THE CITY OF PROSPER; AUTHORIZING CO-
OPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN
THIS AND OTHER CITIES OR COUNTIES AND FOR RELATED PURPOSES;
PROHIBITING UNATHORIZED WARNING AND ALL-CLEAR SIGNALS AND
MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY LAW.
WHEREAS, THE CITY COUNCIL OF THE CITY OF PROSPER FINDS THAT THE IDENTIFICATION
OF POTENTIAL HAZARDS AND THE PREVENTION OR MITIGATION OF THEIR EFFECTS MUST BE AN
ON-GOING CONCERN OF THE CITY IF THE LIVES AND PROPERTY OF THE POPULACE ARE TO BE
PROTECTED; AND
WHEREAS, THE CITY COUNCIL HEREBY DECLARES THAT THE PREPARATION OF A COMPREHEN-
SIVE EMERGENCY MANAGEMENT PLAN, AND THE MEANS FOR ITS IMPLEMENTATION, FOR THE PRO-
TECTION OF LIVES AND PROPERTY IN THE CITY OF PROSPER FROM NATURAL OR MAN-CAUSED
DISASTERS OR THREAT THEREOF IS IMMEDIATELY ESSENTIAL; AND
WHEREAS, THE CITY COUNCIL FURTHER FINDS THAT IN TIMES OF DISASTERS WHICH MAY
IMPERIL THE SAFETY OF THE INHABITANTS OF THE CITY, OR THEIR PROPERTY, IT BECOMES
NECESSARY TO EFFECTUATE AND PLACE INTO OPERATION THE PRECONCEIVED PLAN AND PRE-
PARATIONS WITH A MINIMUM OF DELAY; AND
WHEREAS, THE CITY COUNCIL FINDS, THEREFORE, THAT THE PREPARATION, AND IMPLE-
MENTATION OF SUCH PLANS ARE NOW IMPERATIVE;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PROSPER:
SECTION 1 . ORGANIZATION
THERE EXISTS THE OFFICE OF EMERGENCY MANAGEMENT DIRECTOR OF THE CITY OF
PROSPER, WHICH SHALL BE HELD BY THE MAYOR IN ACCORDANCE WITH STATE LAW.
(a) AN EMERGENCY MANAGEMENT COORDINATOR MAY BE APPOINTED BY AND
SERVE AT THE PLEASURE OF THE DIRECTOR;
(b) THE DIRECTOR SHALL BE RESPONSIBLE FOR A PROGRAM OF COMPREHENSIVE
EMERGENCY MANAGEMENT WITHIN THE CITY AND FOR CARRYING OUT THE
DUTIES AND RESPONSIBILITIES SET FORTH IN THIS ORDINANCE. HE MAY
DELEGATE AUTHORITY FOR EXECUTION OF THESE DUTIES TO THE CO-
ORDINATOR, BUT ULTIMATE RESPONSIBILITY FOR SUCH EXECUTION SHALL
REMAIN WITH THE DIRECTOR.
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TOWN OF PROSPER' \
109 MAIN
P. O. BOX 297
PROSPER, TX 75078
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( c) THE OPERATIONAL EMERGENCY MANAGEMENT ORGANIZATION OF THE CITY
OF PROSPER SHALL CONSIST OF THE OFFICERS AND EMPLOYEES OF THE
CITY SO DESIGNATED BY THE DIRECTOR IN THE EMERGENCY MANAGEMENT
PLAN, AS WELL AS ORGANIZED VOLUNTEER GROUPS. THE FUNCTIONS AND
DUTIES OF THIS ORGANIZATION SHALL BE DISTRIBUTED AMONG SUCH OFF-
ICERS AND EMPLOYEES IN ACCORDNACE WITH THE TERMS OF THE EMERGENCY
MANAGEMENT PLAN.
SECTION 2. EMERGENCY MANAGEMENT DIRECTOR-POWERS AND DUTIES
THE DUTIES AND RESPONSIBILITIES OF THE EMERGENCY MANAGEMENT DIRECTOR SHALL
INCLUDE THE FOLLOWING:
(a) CONDUCT AN ON-GOING SURVEY OF ACTUAL POTENTIAL HAZARDS WHICH
THREATEN LIFE AND PROPERTY WITHIN THE CITY AND AN ON-GOING
PROGRAM OF IDENTIFYING AND REQUIRING OR RECOMMENDING THE IM-
PLEMENTATION OF MEASURES WHICH WOULD TEND TO PREVENT THE OCC-
URRENCE OR REDUCE THE IMPACT OF SUCH HAZARDS IF A DISASTER DID
OCCUR.
(b) SUPERVISION OF THE DEVELOPMENT AND APPROVAL OF AN EMERGENCY MAN-
AGEMENT PLAN FOR THE CITY OF PROSPER,, AND SHALL .RECOMMEND FOR
ADOPTION BY THE CITY COUNCIL ALL MUTUAL AID ARRANGEMENTS DEEMED
NECESSARY FOR THE IMPLEMENTATION OF SUCH PLAN.
(c) AUTHORITY TO DECLARE A LOCAL STATE OF DISASTER. THE DECLARATION
MAY NOT BE CONTINUED OR RENEWED FOR A PERIOD IN EXCESS OF 7 DAYS
EXCEPT BY OR WITH THE CONSENT OF THE CITY COUNCIL. ANY ORDER OR
PROCLAMATION DECLARING, CONTINUING, OR TERMINATING A LOCAL STATE
OF DISASTER SHALL BE GIVEN PROMPT AND GENERAL PUBLICITY AND SHALL
BE FILED PROMPTLY WITH THE CITY SECRETARY.
(d) ISSUANCE OF NECESSARY PROCLAMATIONS, REGULATIONS OR DIRECTIVES
WHICH ARE NECESSARY FOR CARRYING OUT THE PURPOSES OF THIS ORDI-
NANCE. SUCH PROCLAMATIONS, REGULATIONS, OR DIRECTIVES SHALL BE
DISSEMINATED PROMPTLY BY MEAMS CALCULATED TO BRING ITS CONTENTS TO
THE ATTENTION OF THE GENERAL PUBLIC AND, UNLESS CIRCUMSTANCES
ATTENDANT ON THE DISASTER PREVENT OR IMPEDE, PROMPTLY FILED WITH
THE CITY SECRETARY.
(e) DIRECTION AND. CONTROL.OF THE OPERATIONS OF THE PROSPER EMERGENCY
MANAGEMENT ORGANIZATION AS WELL AS THE TRAINING OF EMERGENCY
MANAGEMENT PERSONNEL.
(f) DETERMINATION OF ALL QUESTIONS OF AUTHORITY AND RESPONSIBILITY
THAT MAY ARISE WITHIN THE EMERGENCY MANAGEMENT ORGANIZATION OF THE
CITY.
(g) MAINTENANCE OF LIAISON WITH OTHER MUNICIPAL, COUNTY, DISTRICT,
STATE, REGIONAL OR FEDERAL, EMERGENCY MANAGEMENT ORGANIZATIONS.
(h) MARSHALING OF ALL NECESSARY PERSONNEL, EQUIPMENT OR SUPPLIES FROM
ANY DEPARTMENT OF THE CITY TO AID IN THE CARRYING OUT OF THE PRO-
VISIONS OF THE EMERGENCY MANAGEMENT PLAN.
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' • (i) SUPERVISION OF THE DRAFTING AND EXECUTION OF MUTUAL AID AGREE-
MENTS, IN COOPERATION WITH THE REPRESENTATIVES OF THE STATE AND
OF OTHER LOCAL POLITICAL SUBDIVISIONS OF THE STATE, AND THE DRAFT-
ING AND EXECUTION, IF DEEMED DESIRABLE, OF AN AGREEMENT WITH THE
COUNTY IN WHICH SAID CITY IS LOCATED AND WITH OTHER MUNICIPALITIES
WITHIN THE COUNTY, FOR THE COUNTY-WIDE COORDINATION OF EMERGENCY
MANAGEMENT EFFORTS.
(j) SUPERVISION OF, AND FINAL AUTHORIZATION FOR THE PROCUREMENT OF ALL
NECESSAY SUPPLIES AND EQUIPMENT, INCLUDING ACCEPTANCE OF PRIVATE
CONTRIBUTIONS WHICH MAY BE OFFERED FOR THE PURPOSE OF IMPROVING
EMERGENCY MANAGEMENT WITHIN THE CITY.
(k) AUTHORIZING OF AGREEMENTS, AFTER APPROVAL BY THE CITY ATTORNEY, FOR
USE OF PRIVATE PROPERTY FOR PUBLIC SHELTER AND OTHER PURPOSES.
(1) SURVEY OF THE AVAILABILITY OF EXISTING PERSONNEL, EQUIPMENT,
SUPPLIES AND SERVICES WHICH COULD BE USED DURING A DISASTER, AS
PROVIDED FOR HEREIN.
(m) OTHER REQUIREMENTS AS SPECIFIED IN TEXAS DISASTER ACT 1975
(V.T.C.S. ARTICLE 6889-7)
SECTION 3. EMERGENCY MANAGEMENT PLAN
A COMPREHENSIVE EMERGENCY MANAGEMENT PLAN SHALL BE DEVELOPED AND MAINTAINED IN A
CURRENT STATE. THE PLAN SHALL SET FORTH THE FORM OF THE ORGANIZATION, ESTABLISH
AND DESIGNATE DIVISIONS AND FUNCTIONS, ASSIGN RESPONSIBILITIES, TASKS, DUTIES,
AND POWERS, AND DESIGNATE OFFICERS AND EMPLOYEES TO CARRYOUT THE PROVISIONS OF
THIS ORDINANCE. AS PROVIDED BY STATE LAW, THE PLAN SHALL FOLLOW THE STANDARDS AND
CRITERIA ESTABLISHED BY THE 'STATE DIVISION OF EMERGENCY MANAGEMENT OF THE STATE OF
TEXAS. INSOFAR AS POSSIBLE, THE FORM OF ORGANIZATION,. TITLES AND TERMINOLOGY SHALL
CONFORM TO THE RECOMMENDATIONS OF THE STATE DIVISION OF EMERGENCY MANAGEMENT. WHEN
APPROVED, IT SHALL BE THE DUTY OF ALL DEPARTMENTS AND AGENCIES TO PERFORM .THE.
FUNCTIONS ASSIGNED BY THE PLAN AND TO MAINTAIN THEIR PORTION OF THE PLAN IN A CURRENT
STATE OF READINESS AT ALL TIMES. THE EMERGENCY MANAGEMENT PLAN SHALL BE CONSIDERED
SUPPLEMENTARY TO THIS ORDINANCE AND HAVE THE EFFECT OF LAW DURING THE TIME OF A
DISASTER.
SECTION 4. INTERJURISDICTIONAL PROGRAM
THE MAYOR IS HEREBY AUTHORIZED TO JOIN WITH THE COUNTY JUDGE OF THE COUNTY OF
COLLIN AND THE MAYORS OF THE OTHER CITIES IN SAID COUNTY IN THE FORMATION OF AN
EMERGENCY MANAGEMENT COUNCIL FOR THE COUNTY OF COLLIN AND SHALL HAVE THE .AUTHORITY
TO COOPERATE IN THE PREPARATION OF A JOINT EMERGENCY MANAGEMENT PLAN AND IN THE
APPOINTMENT OF A. JOINT EMERGENCY MANAGEMENT COORDINATOR, AS WELL AS ALL POWERS
NECESSARY TO PARTICIPATE IN A COUNTY-WIDE PROGRAM OF EMERGENCY MANAGEMENT INSOFAR
AS SAID PROGRAM MAY AFFECT THE CITY OF PROSPER.
SECTION 5. OVERRIDE
AT ALL TIMES WHEN THE ORDERS, RULES, AND REGULATIONS MADE AND PROMULGATED PURSUANT
TO THIS ORDINANCE SHALL BE IN EFFECT, THEY SHALL SUPERSEDE AND OVERRIDE ALL EXISTING
ORDINANCES, ORDERS, RULES, AND REGULATIONS INSOFAR AS THE LATTER MAY BE INCONSISTENT
THEREWITH. .
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TOWN OF PRO3:) .R'
109 MAIN
P. O. BOX 297
PROSPER, TX 75078
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SECTION 6 . LIABILITY
THIS ORDINANCE IS AN EXERCISE BY THE CITY OF ITS GOVERNMENTAL FUNCTIONS FOR THE
PROTECTION OF THE PUBLIC PEACE, HEALTH, AND SAFETY AND NEITHER THE CITY OF
PROSPER, THE AGENTS AND REPRESENTATIVES OF SAID CITY, NOR ANY INDIVIDUAL, RECEIVER,
FIRM, PARTNERSHIP, CORPORATION, ASSOCIATION, OR TUSTEE, NOR ANY OF THE AGENTS
THEREOF, IN GOOD FAITY CARRYING OUT, COMPLYING WITH OR ATTEMPTING TO COMPLY WITH,
ANY ORDER, RULE, OR REGULATION PROMULGATED PURSUANT TO THE PROVISIONS OF THIS
ORDINANCE SHALL BE LIABLE FOR ANY DAMAGE SUSTAINED TO PERSONS AS THE RESULT OF SAID
ACTIVITY. ANY PERSON OWNING OR CONTROLLING REAL ESTATE OR OTHER PREMISES WHO
VOLUNTARILY AND WITHOUT COMPENSATION GRANTS TO THE CITY OF PROSPER A LICENSE OF
PRIVILEGE, OR OTHERWISE PERMITS THE CITY TO INSPECT, DESIGNATE AND USE THE WHOLE
OR ANY PART OR PARTS OF SUCH REAL ESTATE OR PREMISES FOR THE PURPOSE OF SHELTERING
PERSONS DURING AN ACTUAL, IMPENDING OR PRACTICE ENEMY ATTACK OR NATURAL MAN-MADE
DISASTER SHALL, TOGETHER WITH HIS SUCCESSORS IN INTEREST, IF ANY, NOT BE CIVILLY
LIABLE FOR THE DEATH OF, OR INJURY TO ANY PERSON ON OR ABOUT SUCH REAL ESTATE OR
PREMISES UNDER SUCH LICENSE PRIVILEGE OR OTHER PERMISSION OR FOR LOSS OF, OR
DAMAGE TO, THE PROPERTY OF SUCH PERSON.
SECTION 7. COMMITMENT OF FUNDS
NO PERSON SHALL HAVE THE RIGHT TO EXPEND ANY PUBLIC FUNDS OF THE CITY IN CARRYING
OUT ANY EMERGENCY MANAGEMENT ACTIVITY AUTHORIZED BY THIS ORDINANCE WITHOUT PRIOR
APPROVAL BY THE CITY COUNCIL, NOR SHALL ANY PERSON HAVE ANY RIGHT TO BIND THE CITY
BY CONTRACT, AGREEMENT OR OTHERWISE WITHOUT .PRIOR AND SPECIFIC APPROVAL OF THE
CITY COUNCIL UNLESS DURING A DECLARED DISASTER. DURING A DECLARED DISASTER, THE
MAYOR MAY EXPEND AND/OR COMMIT PUBLIC FUNDS OF THE CITY WHEN DEEMED PUR.DENT AND
NECESSARY FOR THE PROTECTION OF HEALTH, LIFE, OR PROPERTY.
SECTION 8. OFFENSES; PENALTIES
(a) IT SHALL BE UNLAWFUL FOR ANY PERSON WILLFULLY TO OBSTRUCT, HINDER,
OR DELAY ANY MEMBER OF THE EMERGENCY MANAGEMENT ORGANIZATION IN
:: THE ENFORCEMENT OF ANY RULE OR REGULATION ISSUED PURSUANT TO THIS
ORDINANCE, OR TO DO ANY ACT FORBIDDEN BY ANY RULE OR REGULATION
ISSUED PURSUANT TO THE AUTHORITY CONTAINED IN THIS ORDINANCE.
(b) IT SHALL LIKEWISE BE UNLAWFUL FOR ANY PERSON TO WEAR, CARRY OR DIS-
PLAY ANY EMBLEM, INSIGNIA OR ANY OTHER MEANS OF IDENTIFICATION AS A
MEMBER OF THE EMERGENCY MANAGEMENT ORGANIZATION OF THE CITY OF
PROSPER, UNLESS AUTHORITY TO DO SO HAS BEEN GRANTED TO SUCH PERSON
BY THE PROPER OFFICIALS.
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(c) ANY UNAUTHORIZED PERSON WHO SHALL OPERATE A SIREN OR OTHER DEVICE SO
AS TO SIMULATE A WARNING SIGNAL, OR THE TERMINATION OF A WARNING, SHALL
BE DEEMED GUILTY OF A VIOLATION OF THIS ORDINANCE AND SHALL BE SUBJECT
TO THE PENALTIES IMPOSED BY THIS ORDINANCE.
(d) CONVICTIONS FOR VIOLATION OF THE PROVISIONS OF THIS ORDINANCE SHALL
BE PUNISHABLE BY LAW.
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TOWN OP PROSPegi
,09 mAiN
P. O. BOX 297
PROSPER, TX 7507ar
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SECTION 9. SEVERABILITY
IF ANY PORTION OF THIS ORDINANCE SHALL, FOR ANY REASON, BE DECLARED INVALID SUCH
INVALIDITY SHALL NOT AFFECT THE REMAINING PROVISIONS THEREOF.
SECTION 10. LIMITATIONS
THIS ORDINANCE SHALL NOT BE CONSTRUED SO AS TO CONFLICT WITH ANY STATE OF FED-
ERAL STATUTE OR WITH ANY MILITARY OR NAVAL ORDER, RULE, OR REGULATION.
SECTION 11 . REPEALER
ALL ORDINANCES, PARTS OF ORDINANCES, OR RESOLUTIONS IN CONFLICT HEREWITH ARE
EXPRESSLY REPEALED.
READ AND APPROVE ON FIRST READING THIS THE 13th DAY
OF JULY , 1993 .
READ AND APPROVE ON SECOND READING THIS THE 10th DAY
OF AUGUST , 1993 .
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r, _ . Y 0 HERMON, MAYOR
-; CITY OF PROSPER, TEXAS
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SHI LEY JA ON ARY
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ANY PROVISION HEREUFMm:71 RESTRICTS Telt SA't,REAV:OR USE OF THE
DESCRIBED REAL PROPERTY BECAUSE OF MON M 7+CI IS MAUD AND
UNENFORCEABLE UNDER FEDERAL LAW
(THE STATE OF TEXAS) 1COrn'i Y OF CDLUNI)
thereby Certify tbatMM Instrument was FILEOIn the FMMumWSWIM
• on Me date end the time stamped noon by me;and was duty RECORDED.
on Ins OtftMl Public Ascends of Beet Property M Colin County,Tau on
OCT 12 1993
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COUNTY CLERK,CDLLIN COUNTY,TEXAS ***
Filed for Record iris
TOWN OF PROSPER COLLIN COUNTY,_HTX
109 MAIN HONORABLE ELEN STARNES
P. O. BOX 297 On 1993/10/12
PROSPER, TX 75078 At 10:56A
Number: 93- 0087839
Type : OR 27.00
JO
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