09-059 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 09-059
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
ARTICLE 3.13 (FLOODS AND DRAINAGE) SECTION 3.13.033
(GENERAL PROVISIONS) OF THE PROSPER CODE OF
ORDINANCES; PROVIDING FOR A PENALTY FOR THE VIOLATION
OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE
OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF
THE CAPTION HEREOF.
WHEREAS, the Legislature of the State of Texas has in the Flood Control Insurance Act,
Texas Water Code Section 16.315, delegated to the local governments the responsibilities to
adopt regulations designed to minimize flood losses; and
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has
investigated and determined that it would be advantageous and beneficial to the citizens of the
Town of Prosper, Texas ("Prosper") to amend Article 3.13 (Floods and Drainage) Section
3.13.033 (General Provisions) of the Prosper Code of Ordinances, and replace with this
Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to Article 3.13 (Floods and Drainage) Section 3.13.033
(General Provisions) of the Prosper Code of Ordinances. Article 3.13 (Floods and Drainage)
Section 3.13.033 (General Provisions) of the Prosper Code of Ordinances, is hereby amended to
read as follows:
"Sec. 3.13.033 General Provisions
(a) Lands to which this ordinance applies. The ordinance shall apply to all areas of
special flood hazard with the jurisdiction of the Town of Prosper.
(b) Basis for establishing the areas of special flood hazard. The areas of special flood
hazard identified by the Federal Emergency Management Agency in the current
scientific and engineering report entitled, "The Flood Insurance Study (FIS) for
Collin County, Texas And Incorporated Areas," dated June 2, 2009, with
accompanying Flood Insurance Rate Maps dated June 2, 2009, "The Flood
Insurance Study (FIS) for Denton County, Texas And Incorporated Areas," dated
December 6, 2002, with accompanying Flood Insurance Rate Maps dated
December 6, 2002, and any revisions thereto are hereby adopted by reference and
declared to be a part of this ordinance.
Amending Article 3.13(Floods and Drainage) Page 1
538813.v1(HW)2
(c) Establishment of development permit. A Floodplain Development Permit shall be
required to ensure conformance with the provisions of this Ordinance.
(d) Compliance. No structure or land shall hereafter be located, altered, or have its
use changed without full compliance with the terms of this ordinance and other
applicable regulations.
(e) Abrogation and greater restrictions. This Ordinance is not intended to repeal,
abrogate, or impair any existing easements, covenants, or deed restrictions.
However, where this ordinance and another ordinance, easement, covenant, or
deed restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
(f) Interpretation. In the interpretation and application of this Ordinance, all
provisions shall be:
(1) considered as minimum requirements;
(2) liberally construed in favor of the governing body; and
(3) deemed neither to limit nor repeal any other powers granted under State
statutes.
(g) Warning and disclaimer or liability. The degree of flood protection required by
this Ordinance is considered reasonable for regulatory purposes and is based on
scientific and engineering considerations. On rare occasions greater floods can
and will occur and flood heights may be increased by man-made or natural
causes. This Ordinance does not imply that land outside the areas of special flood
hazards or uses permitted within such areas will be free from flooding or flood
damages. This Ordinance shall not create liability on the part of the community
or any official or employee thereof for any flood damages that result from
reliance on this Ordinance or any administrative decision lawfully made
hereunder."
SECTION 3: Savings/Repealing Clause: All provisions of any ordinance in conflict with
this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for
violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being
commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining
portions of said ordinance shall remain in full force and effect.
SECTION 4: Severability: Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full
force and effect. Prosper hereby declares that it would have passed this Ordinance, and each
Amending Article 3.13(Floods and Drainage) Page 2
538813.v1(HW)2
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 5: Penalty Provision: Any person, firm, corporation or entity violating this
Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a
sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under
this Ordinance shall constitute a separate offense. The penal provisions imposed under this
Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all
legal rights and remedies available to it pursuant to local, state and federal law.
SECTION 6: Effective Date: This Ordinance shall become effective immediately upon its
passage and publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS on this 12th day of May, 2009.
Charles Niswanger, Mayor
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Date(s)of publication in The Dallas Morning News— /'"" Yi °2'( n(
Amending Article 3.13(Floods and Drainage) Page 3
538813.v1(HW)2
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS
COUNTY OF DALLAS
Before me, a Notary Public in and for Dallas County, this day personally appeared Lynda
Black, Legal Advertising Representative for the DALLAS MORNING NEWS,being
duly sworn by oath, states the attached advertisement of:
Town of Prosper
as published in the Dallas Morning News on:
May 22, 2009
(Lynda Black)
Sworn to and subscribed before me this May 26, 2009
��w+��B; KATHRYN EVELYN ELY
:°' `."% Notary Public,State of Texas
� i., My Commission Expires otary Public)
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