The National Incident Management System dated March 1, 2004,
is hereby adopted by the city, and the city manager is hereby authorized
to develop a strategy for full compliance by October 1, 2006.
(2002 Code, sec. 1.731)
(a) There
exists the office of emergency management director of the city, which
shall be held by the mayor in accordance with state law.
(b) In
the event of the absence or loss of the emergency management director
due to an emergency event, the succession of office authority of emergency
management director shall be as follows:
(2) Councilmembers by seniority.
(c) An
emergency management coordinator may be appointed at the pleasure
of the director.
(d) 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 division. He/she may delegate authority for execution
of these duties to the coordinator, but ultimate responsibility for
such execution shall remain with the director.
(e) The
operational emergency management organization of the city 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 officers and employees in accordance with the terms of
the emergency management plan.
(Ordinance 187 adopted 1/28/14)
The duties and responsibilities of the emergency management
director shall include the following:
(1) Conduct
an ongoing survey of actual or potential hazards which threaten life
and property within the city and an ongoing program of identifying
and requiring or recommending the implementation of measures which
would tend to prevent the occurrence or reduce the impact of such
hazards if a disaster did occur.
(2) Supervision
of the development and approval of an emergency management plan for
the city, and shall recommend for adoption by the city commission
all mutual aid arrangements deemed necessary for implementation of
such plan.
(3) Authority
to declare a local state of disaster. The declaration may not be continued
or renewed for a period in excess of seven (7) days except by or with
the consent of the city commission. 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.
(4) Issuance
of necessary proclamations, regulations, or directives which are necessary
for carrying out the purposes of this division. Such proclamation,
regulation, or directive shall be disseminated promptly by means 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.
(5) Direction
and control of operations of the city emergency management organization,
as well as the training of emergency management personnel.
(6) Determination
of all questions of authority and responsibility that may arise within
the emergency management organization of the city.
(7) Maintenance
of liaison with other municipal, county, district, state, regional
or federal emergency management organizations.
(8) Marshaling
of all necessary personnel, equipment, or supplies from any department
of the city to aid in the carrying out of the provisions of the emergency
management plan.
(9) Supervision
of drafting and execution of mutual aid agreements, in cooperation
with the representatives of the state and other local political subdivisions
of the state, and the drafting and execution, if deemed desirable,
of an agreement with the county in which the city is located, and
with other municipalities within the county, for the countywide coordination
of emergency management efforts.
(10) Supervision of, and final authorization for, the procurement of all
necessary supplies and equipment, including acceptance of private
contributions which may be offered for the purpose of improving emergency
management within the city.
(11) Authorizing of agreements, after approval by the city attorney, for
use of private property for public shelter and other purposes.
(12) Survey of the availability of existing personnel, equipment, supplies,
and services which could be used during a disaster, as, provided for
herein.
(13) Other requirements as specified in the Texas Disaster Act of 1975,
Vernon's Codes Annotated, Government Code chapter 418.
(2002 Code, sec. 1.702)
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 carry out the provisions of this division as provided
by state law. The plan shall follow the standards and criteria established
by the state division of emergency management. 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
portions of the plan in a current state of readiness at all times.
The emergency management plan shall be considered supplementary to
this division and have the effect of law during the time of a disaster.
(2002 Code, sec. 1.703)
The mayor is hereby authorized to join with the county judge
and the mayors of other cities in the county in the formation of an
interjurisdictional emergency management program for the county, and
shall have the authority to cooperate in the preparation of an interjurisdictional
emergency management plan and in the appointment of a joint emergency
management coordinator, as well as all powers necessary to participate
in a countywide program of emergency management insofar as said program
may affect the city.
(2002 Code, sec. 1.704)
At all times when the orders, rules, and regulations made and
promulgated pursuant to this division shall be in effect, they shall
supersede and override all existing ordinances, orders, rules and
regulations insofar as the latter may be inconsistent therewith.
(2002 Code, sec. 1.705)
This division is an exercise by the city of its governmental
functions for the protection of the public peace, health, and safety,
and neither the city, the agents and representatives of the city,
nor any individual, receiver, firm, partnership, corporation, association,
or trustee, nor any of the agents thereof, in good faith carrying
out, complying with or attempting to comply with any order, rule,
or regulation promulgated pursuant to the provisions of this division
shall be liable for any damages 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 a license or 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 or 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.
(2002 Code, sec. 1.706)
No person shall have the right to expend any public funds of
the city in carrying out any emergency management activity authorized
by this division 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
prudent and necessary for the protection of health, life, or property.
(2002 Code, sec. 1.707)