The city council hereby adopts the National Incident Management System dated March 1, 2004.
(Ordinance 050912 adopted 9/12/05)
(a) 
Created; composition.
The Ellis County emergency management organization is created to consist of the officers and employees of the city and Ellis County in a joint emergency management plan, together with such organized volunteer groups as the plan may specify.
(b) 
Coordinator.
The mayor of the city and the county judge shall mutually appoint an emergency management coordinator to coordinate all aspects of the city and county program of comprehensive emergency management, including the preparation and maintenance of a joint emergency management plan for the city and county.
(1990 Code, ch. 3, sec. 5)
(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 conducting a program of comprehensive emergency management within the city and for carrying out the comprehensive emergency management within the city [sic] and for carrying out the duties and responsibilities set forth in section 1.04.034 of this division. He may delegate authority for execution of these duties to the coordinator, but ultimate responsibility for such execution shall remain with the director.
(1990 Code, ch. 3, sec. 4.A)
The powers and duties of the director shall include an ongoing survey of actual or potential major 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. As part of his responsibility in hazard mitigation, the director shall supervise the development of an emergency management plan for the city, and shall recommend that plan for adoption by the city council along with any and all mutual aid plans and agreements which are deemed essential for the implementation of such emergency management plan. The powers of the director may be subject to confirmation by the city council at its next meeting. The duties of the director shall also include the causing of a survey of the availability of existing personnel, equipment, supplies and services which could be used during a disaster, as provided for herein, as herein, [sic] as well as a continuing study of the need for amendments and improvements in the emergency management plan.
(1990 Code, ch. 3, sec. 4.B)
The mayor is hereby authorized to join with the county judge of the County of Ellis and the mayors of the other cities in the county in the formation of an emergency management council for 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.
(1990 Code, ch. 3, sec. 4.C)
The duties and responsibilities of the emergency management director shall include the following:
(1) 
The direction and control of the actual disaster operations of the city emergency management organization as well as the training of emergency management personnel.
(2) 
The determination of all questions of authority and responsibility that may arise within the emergency management organization of the city.
(3) 
The maintenance of necessary liaison with other municipal, county, district, state, regional, federal, or other emergency management organizations.
(4) 
The marshaling, after declaration of a disaster as provided for above, 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.
(5) 
The issuance of all necessary proclamations as to the existence of a disaster and the immediate operational effectiveness of the city emergency management plan.
(6) 
The issuance of reasonable rules, regulations or directives which are necessary for the protection of life and property in the city. Such rules and regulations shall be filed in the office of the city secretary and shall receive widespread publicity unless publicity would be of aid and comfort to the enemy.
(7) 
The 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.
(8) 
The 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.
(9) 
The authorizing of agreements, after approval by the city attorney, for use of private property for public shelter and other purposes.
(1990 Code, ch. 3, sec. 4.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 all organized volunteer groups. The functions and duties of the organization shall be distributed among such officers and employees in accordance with the terms of the emergency management plan. Such plan shall set forth the form of the organization, establish and designate divisions and functions, assign tasks, duties and powers, and designate officers and employees to carry out the provisions of this division. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the state division of emergency management and of the federal government.
(1990 Code, ch. 3, sec. 4.E)
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 division and shall be subject to the penalties imposed by this division.
(1990 Code, ch. 3, sec. 4.F)
(a) 
At all times when the orders, rules, and regulations made and promulgated pursuant to this division 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 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.
(1990 Code, ch. 3, sec. 4.G)
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 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.
(1990 Code, ch. 3, sec. 4.H)
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.
(1990 Code, ch. 3, sec. 4.I)
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 division, or to enforcement of any rule or regulation issued pursuant to this division, [sic] or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this division. 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. Convictions for violations of the provisions of this division shall be punishable by fine in the amount established by state law.
(1990 Code, ch. 3, sec. 4.J; Ordinance adopting Code)
Each employee or any individual that is assigned a function or responsibility shall solemnly swear or affirm to support and defend the constitution of the United States, the laws of the state and the ordinances of the city.
(1990 Code, ch. 3, sec. 4.K))