The city council hereby adopts the National Incident Management
System dated March 1, 2004.
(Ordinance 081605-01 adopted 8/16/05)
The city council finds that the identification of potential
hazards and the prevention or mitigation of their effects must be
an ongoing concern of the city if the lives and property of the populace
are to be protected; and the city council hereby declares that the
preparation of a comprehensive emergency management plan, and the
means for its implementation, for the protection of lives and property
in the city from natural or man-caused disasters or threat thereof,
is immediately essential; and the city council further finds that
in times of disasters which may imperil the safety of the inhabitants
of the city, or their property, it becomes necessary to effectuate
and place into operation the preconceived plans and preparations with
a minimum of delay; and the city council finds therefore that the
preparation, adoption and implementation of such plans are now imperative.
(2000 Code, sec. 1.1101)
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 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 division. 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 prevent or impede,
promptly filed with the city secretary;
(5) The
direction and control of the actual disaster operations of the city
emergency management organization, as well as the training of emergency
management personnel;
(6) The
determination of all questions of authority and responsibility that
may arise within the emergency management organization of the city;
(7) The
maintenance of liaison with other municipal, county, district, state,
regional, federal or other 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 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 the Texas Disaster Act of 1975
(V.T.C.A., Government Code, chapter 418).
(2000 Code, sec. 1.1103)
The 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 division. 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 division and have the effect of law during the time of a disaster.
(2000 Code, sec. 1.1104)
The mayor is hereby authorized to join 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 said program may affect the city.
(2000 Code, sec. 1.1105)
At all times when the orders, rules and regulations made and
promulgated pursuant to this division and the emergency management
plan shall be in effect, they shall supersede and override all existing
ordinances, orders, rules and regulations insofar as the latter may
be inconsistent therewith.
(2000 Code, sec. 1.1106)
This division 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 division
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 shall, together with said person’s
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.
(2000 Code, sec. 1.1107)
No person shall have the right to expend any public funds of
the city in carrying out any emergency management activity authorized
by this division 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, only
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.
(2000 Code, sec. 1.1108)
This division shall not be construed so as to conflict with
any state or federal statute or with any military or naval order,
rule or regulation.
(2000 Code, sec. 1.1111)