The duties and responsibilities of the Emergency Management
Director shall include the following:
(1) Conducting
from time to time an ongoing survey of actual or potential hazards
which threaten life and property within the Town 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 should occur.
(2) Supervising
the development and approval of an emergency management plan for the
Town and recommending for adoption by the Town Council all mutual
aid arrangements deemed necessary for the implementation of such plans.
(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 Town 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
Town Secretary.
(4) Issuing
necessary proclamations, regulations or directives 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 their contents to the attention of the general
public and, unless circumstances attendant on the disaster prevent
or impede, promptly filed with the Town Secretary.
(5) Directing
and controlling the operations of the Town’s emergency management
organization as well as the training of emergency management personnel.
(6) Determining
all questions of authority and responsibility that may arise within
the emergency management organization of the Town.
(7) Maintaining
liaison with other municipal, county, district, state, regional or
federal emergency management organizations.
(8) Marshaling
all necessary personnel, equipment or supplies from any department
of the Town to aid in the carrying out of the provisions of the emergency
management plan.
(9) Supervising
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 Town is located
and with other municipalities within the County for the Countywide
coordination of emergency management efforts.
(10) Supervising and finally authorizing 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 Town.
(11) Authorizing agreements, after approval by the Town Attorney, for
use of private property for public shelter and other purposes.
(12) Surveying 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
(V.T.C.A., Government Code, chapter 418).
(1971 Code, sec. 2-162)
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 article. 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 by the State Division of Emergency Management, 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.
(1971 Code, sec. 2-163)
The Mayor is hereby authorized to join with the County Judge
and the mayors of the other towns or cities in the County in the formation
of an Emergency Management Council for the County 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 Countywide program
of emergency management insofar as said program may affect the Town.
(1971 Code, sec. 2-164)
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.
(1971 Code, sec. 2-165)
This article is an exercise by the Town of its governmental
functions for the protection of the public peace, health and safety,
and neither the Town, the agents and representatives of said Town,
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 Town a license or privilege or otherwise permits the Town 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 manmade 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.
(1971 Code, sec. 2-166)
No person shall have the right to expend any public funds of
the Town in carrying out any emergency management activity authorized
by this article without prior approval by the Town Council, nor shall
any person have any right to bind the Town by contract, agreement
or otherwise without prior and specific approval of the Town Council
unless during a declared disaster. During a declared disaster, the
Mayor may expend and/or commit public funds of the Town when deemed
prudent and necessary for the protection of health, life or property.
(1971 Code, sec. 2-167)