(a)
Office of director.
There exists the office of emergency
management director of the city, which shall be held by the mayor
in accordance with state law.
(b)
Emergency management coordinator.
An emergency management
coordinator shall be appointed by and serve at the pleasure of the
director.
(c)
Responsibility for emergency management program.
The
director shall be responsible for a program of comprehensive emergency
management with the city and for carrying out the duties and responsibilities
set forth in this article. He may delegate authority for execution
of these duties to the coordinator.
(d)
Emergency management organization; composition; functions and duties.
The operational emergency management organization of the city
shall consist of the officers and employees of the city so designated
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 87-25, sec. 1, adopted 4/14/87; 1978 Code, sec. 2-37)
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 council all
mutual aid arrangements deemed necessary for the implementation of
such plan.
(3)
Authority
as the mayor 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 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 clerk.
(4)
Issuance
of necessary proclamations, regulations or directives during times
of declared emergency which are necessary for carrying out the purposes
of this article. Such proclamations, regulations, or directives shall
be disseminated promptly by means calculated to bring the contents
to the attention of the general public and, unless circumstances attendant
to the disaster prevent or impede, promptly filed with the city clerk.
(5)
Direction
and control of the 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)
Coordination
and review of the drafting and execution of mutual aid agreements,
in cooperation with the representatives of the state and of 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 and 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 and
city council, 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, 1975 (Vernon’s
Texas Codes Annotated, Government Code, chapter 418).
(Ordinance 87-25, sec. 1, adopted 4/14/87; Ordinance 93-81, sec. 1, adopted 12/14/93; 1978
Code, sec. 2-38; Ordinance 07-010, sec. 8, adopted 2/6/07)
A comprehensive emergency management program 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 article. 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 article and have the
effect of law during the time of a disaster. The city manager is hereby
authorized to revise the plan from time to time to keep it current.
Such changes shall be effective when filed with the city clerk.
(Ordinance 87-25, sec. 1, adopted 4/14/87; 1978 Code, sec. 2-39)
The mayor is hereby authorized to establish an emergency management
program for the city and shall have the authority and all powers necessary
to implement such program of emergency management.
(Ordinance 87-25, sec. 1, adopted 4/14/87; Ordinance 93-81, sec. 1, adopted 12/14/93; 1978
Code, sec. 2-40; Ordinance 07-010, sec. 9, adopted 2/6/07; Ordinance 08-026, sec. 2, adopted 4/15/08)
At all times when the orders, rules and regulations made and
promulgated pursuant to this article shall be in effect, they shall
supersede and override all existing ordinances, orders, rules and
regulations insofar as the latter may be inconsistent therewith.
(Ordinance 87-25, sec. 1, adopted 4/14/87; 1978 Code, sec. 2-41)
This article 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 article
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 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.
(Ordinance 87-25, sec. 1, adopted 4/14/87; 1978 Code, sec. 2-42)
No person shall have the right to expend any public funds of
the city in carrying out any emergency management activity outside
the normal process when not in an emergency situation 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 disaster, the emergency management director may expend and/or commit
public funds of the city when deemed prudent and necessary for the
protection of health, life or property.
(Ordinance 87-25, sec. 1, adopted 4/14/87; 1978 Code, sec. 2-43)
(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 article, or to do
any act forbidden by any rule or regulation issued pursuant to the
authority contained in this article.
(b)
It
shall likewise be unlawful for any person to wear, carry or display
an emblem, insignia or any other means of identification as a member
of the emergency management organization of the city unless authority
to do so has been granted to such person by the proper officials.
(c)
Conviction
for violations of the provisions of this article shall be punishable
by a fine not to exceed five hundred dollars ($500.00).
(Ordinance 87-25, sec. 2, adopted 4/14/87; Ordinance 93-81, sec. 1, adopted 12/14/93; 1978
Code, sec. 2-44; Ordinance 07-010, sec. 10, adopted 2/6/07)
