(a) There
exists the office of emergency management director of the Town of
Double Oak, Texas, 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 town 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.
(d) The operational
emergency management organization of the Town of Double Oak, Texas
shall consist of the officers and employees of the town 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.
(Ordinance 39-6 adopted 8/10/87)
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 town 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 emergency management plan for the
Town of Double Oak, Texas and shall recommend for adoption by the
town council all natural 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 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) 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 town secretary.
(5) Direction
and control of the operations of the Double Oak 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 town.
(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 town to aid in carrying out 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 town 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 contribution which
may be offered for the purpose of improving emergency management within
the town.
(11) Authorizing
of agreements, after approval by the town 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).
(Ordinance 39-6 adopted 8/10/87)
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
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 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.
(Ordinance 39-6 adopted 8/10/87)
The mayor is hereby authorized to join with the county judge
of the County of Denton and the mayors of the other cities in said
county in the formation of an emergency management for the County
of Denton 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 said program may affect the Town of Double Oak, Texas.
(Ordinance 39-6 adopted 8/10/87)
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 39-6 adopted 8/10/87)
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 of Double Oak, Texas, 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 of Double Oak, Texas a license of 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 man-made disaster shall, together with his successor in interest,
if any, not 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 39-6 adopted 8/10/87)
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.
(Ordinance 39-6 adopted 8/10/87)
(a) It shall
be unlawful for any person knowingly 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 Town of Double Oak,
Texas, 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 the general penalty provision set forth
in Section 1.109 of this code.
(Ordinance 39-6 adopted 8/10/87)