(a)
Office
Created.
There exists the office of emergency management
director of the City of Brownfield, which shall be held by the mayor
in accordance with state law.
(b)
Responsibilities
Generally.
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. He/she
may delegate authority for execution of these duties to the coordinator,
but ultimate responsibility for such execution shall remain with the
director.
(c)
Powers
and Duties.
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 (7) days except by or with
the consent of the city council. Any order or proclamation declaring,
continuing or terminating a local state 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 city's 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 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
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 1975 (V.T.C.S. Article
6889-7).
(1965 Code of Ordinances, Chapter 4 1/4, Section
4 1/4-1)
An emergency management coordinator may be appointed by and
serve at the pleasure of the director.
(1965 Code of Ordinances, Chapter 4 1/4, Section
4 1/4-2)
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.
(1965 Code of Ordinances, Chapter 4 1/4, Section
4 1/4-3)
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 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.
(1965 Code of Ordinances, Chapter 4 1/4, Section
4 1/4-4)
The mayor is hereby 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 of Terry 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 necessary to participate in a county-wide
program of emergency management insofar as such program may affect
the city.
(1965 Code of Ordinances, Chapter 4 1/4, Section
4 1/4-5)
(a)
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.
(b)
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.
(1965 Code of Ordinances, Chapter 4 1/4, Section
4 1/4-6)
This article is an exercise by the city of its governmental
function 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 such 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, of damage to, the property of
such person.
(1965 Code of Ordinances, Chapter 4 1/4, Section
4 1/4-7)
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, 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.
(1965 Code of Ordinances, Chapter 4 1/4, Section
4 1/4-8)
(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 of 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)
Convictions
for violations of the provisions of this article shall be punishable
by fine in accordance with Section 1.109 of this code.
(1965 Code of Ordinances, Chapter 4 1/4, Section
4 1/4-9)
