(A)
There
is hereby established an office of Emergency Management Director of
the city which office shall be held by the Mayor in accordance with
state law.
(1)
An
Emergency Management Coordinator may be appointed by and serve at
the pleasure of the Director.
(2)
The
Director shall be responsible for establishing a program of comprehensive
emergency management within the city and for carrying out the duties
and responsibilities set forth in this chapter. The Director may delegate
authority for execution of these duties to the Coordinator, but ultimate
responsibility for such execution shall remain with the Director.
(3)
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 city’s emergency management plan, as well as organized
volunteer groups. The functions and duties of this organization shall
be distributed among such officers, employees and volunteer groups
in accordance with the terms the city’s emergency management
plan.
(B)
The
duties and responsibilities of the Emergency Management Director shall
include the following:
(1)
Conduct
an on-going survey of actual or potential hazards which threaten life
and property within the city and an on-going 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 recommending, or adoption by the City Council, all mutual
aid arrangements deemed necessary for the implementation of such plan.
(3)
Authority
to declare a local state of disaster. Such a declaration may not be
continued or renewed for a period in excess of seven days except 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.
(4)
Issuance
of proclamations, regulations, or directives which are necessary for
carrying out the purposes of this chapter. Such proclamations, regulations,
or directives shall be disseminated promptly by means calculated to
bring their content to the attention of the general public and, unless
circumstances related to a disaster prevent or impede such action,
promptly filed with the City Secretary.
(5)
Direction
and control of the operations of the emergency management organization,
as well as of 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 communications with other municipal, county, district, state, regional
or federal emergency management organizations.
(8)
Marshaling
of all personnel, equipment, or supplies from any department of the
city which may be necessary to aid in the implementation of the provisions
of the city’s emergency management plan.
(9)
Supervision
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 of 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 county-wide 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 agreements, after approval by the City Attorney, for
use of private property for public shelter and other purposes.
(12)
Determining the availability of existing personnel, equipment, supplies,
and services which could be used during a disaster, as provided herein.
(13)
Other duties and responsibilities as specified in the Texas Disaster
Act of 1975, Tex. Gov’t Code Chapter 418.
(Ordinance 410-94-12-14, passed 12-13-94)
A comprehensive emergency management plan shall be developed
and maintained by the city. The plan shall set forth the form of 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 chapter. 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 such plan is approved, it shall be the duty of all
city 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 city’s emergency management plan
shall be considered supplementary to this chapter and have the effect
of law during the time of a disaster.
(Ordinance 410-94-12-14, passed 12-13-94)
The Mayor is hereby authorized to join with the County Judge
of the County of Travis and the mayors of the other cities in the
county in the formation of an interjurisdictional emergency management
program for the County of Travis, and to cooperate in the preparation
of an interjurisdictional emergency management plan and in the appointment
of a joint Emergency Management Coordinator. The Mayor is further
granted such powers as may be necessary for the city to participate
in a county-wide program of emergency management insofar as the program
may affect the city.
(Ordinance 410-94-12-14, passed 12-13-94)
The National Incident Management System (NIMS) dated March 1,
2004 is hereby adopted.
(Ordinance 796-05-09-27, passed 9-27-05)
At all times when the orders, rules, and regulations made and
promulgated under this chapter 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 410-94-12-14, passed 12-13-94)
This chapter 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 chapter
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 compensations grants to
the city a license of privilege, or otherwise permits the city to
inspect, designate, and use the whole or any part 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 410-94-12-14, passed 12-13-94)
No person shall have the right to expend any public funds of
the city in carrying out any emergency management activity authorized
by this chapter 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.
(Ordinance 410-94-12-14, passed 12-13-94)
(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 chapter.
(B)
It shall
likewise be unlawful for any person to wear, carry, or display any
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)
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 chapter and shall be subject
to the penalties imposed by this chapter.
(Ordinance 410-94-12, passed 12-13-94; Am. Ordinance 796-05-09-27, passed 9-27-05)
