The fire chief is hereby appointed as the emergency management
coordinator and the police chief is hereby appointed as the assistant
emergency management coordinator to administer and implement the provisions
of this article and other appropriate sections pertaining to emergency
management and will serve at pleasure of the director.
(Ordinance O-05-03 adopted 3/25/2003; Ordinance O-01-18 adopted 1/8/2018; 1997 Code,
sec. 39.01)
The duties and responsibilities of the emergency management
director shall include the following:
(1)
Surveying
actual or potential hazards which threaten life and property within
the city and 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 a 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 the contents to the attention of the general public
and, unless circumstances attendant on the disaster prevents or impede,
promptly filed with the city secretary.
(5)
Direction
and control of the operations of the city emergency management organization
as well as the training of emergency management personnel.
(6)
Determination
of all questions of authority and responsibility that may arise with
the emergency management organization of the city.
(7)
Maintenance
of liaison with all 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 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 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 the agreements, after approval by the city 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 (Texas
Gov't Code chapter 418).
(Ordinance O-05-03 adopted 3/25/2003; 1997 Code, sec. 39.02)
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, 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 disaster.
(Ordinance O-05-03 adopted 3/25/2003; 1997 Code, sec. 39.03)
The mayor is hereby authorized to join with the county judge
and the mayors of other cities in the county, if he so chooses, in
the formation of an interjurisdictional emergency management program
for the county, and shall have the authority to cooperate in the preparation
of an interjurisdictional 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 city.
(Ordinance O-05-03 adopted 3/25/2003; 1997 Code, sec. 39.04)
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 or regulations
insofar as the latter may be inconsistent therewith.
(Ordinance O-05-03 adopted 3/25/2003; 1997 Code, sec. 39.05)
This article is an exercise by the city of its governmental
functions for the protection of the public peace, health and safety.
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 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, or damage to, the property of such person.
(Ordinance O-05-03 adopted 3/25/2003; 1997 Code, sec. 39.06)
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 the 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 O-05-03 adopted 3/25/2003; 1997 Code, sec. 39.07)
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. Further, it shall 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. Convictions for violations of the provisions of this article shall be punishable as provided in section 1.01.009.
(Ordinance O-05-03 adopted 3/25/2003; 1997 Code, sec. 39.08; Ordinance adopting 2023 Code)
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.
(Ordinance O-05-03 adopted 3/25/2003; 1997 Code, sec. 39.09)
