(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) An emergency
management coordinator may be appointed by and serve at the pleasure
of the director.
(c) 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 article. The director may delegate authority for
execution of these duties to the coordinator, but ultimate responsibility
for such execution shall remain with the director.
(d) 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.
(1995 Code of Ordinances, Title IX, Chapter 94, Section
94.01)
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
to declare a local state of disaster. The declaration may not be continued
or renewed for a period in excess of seven 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 secretary.
(4) Issuance
of 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 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 the operations of the emergency management organization
of the city 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 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 said city is located
and with other municipalities within the county, for the 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
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 Texas Disaster Act of 1975, being Tex.
Gov’t. Code, §§ 418.001 et seq.
(1995 Code of Ordinances, Title IX, Chapter 94, Section
94.02)
(a) 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.
(b) 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
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.
(1995 Code of Ordinances, Title IX, Chapter 94, Section
94.03)
The mayor is authorized to join with the county judge and the
mayors of the other 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 county-wide program
of emergency management insofar as the program may affect the city.
(1995 Code of Ordinances, Title IX, Chapter 94, Section
94.04)
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.
(1995 Code of Ordinances, Title IX, Chapter 94, Section
94.05)
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 of 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 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.
(1995 Code of Ordinances, Title IX, Chapter 94, Section
94.06)
No person shall have the right to expend any public funds of
the city in carrying out any emergency management activity authorized
by this article 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.
(1995 Code of Ordinances, Title IX, Chapter 94, Section
94.07)
(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 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 article and shall be subject to the
penalties imposed by this article.
(d) A violation
of any provision of this article is a Class C misdemeanor. Each violation
constitutes a separate offense.
(1995 Code of Ordinances, Title IX, Chapter 94, Section
94.08)
This article shall not be construed so as to conflict with any
state or federal statute or with any military or naval order, rule
or regulation.
(1995 Code of Ordinances, Title IX, Chapter 94, Section
94.09)