There exists the Office of Emergency Management Director of
the City of Eastland, which shall be held by the mayor in accordance
with state law.
(1) An emergency
management coordinator may be appointed by and serve at the pleasure
of the director.
(2) 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 chapter. He/she may delegate authority for execution
of these duties to the coordinator, but ultimate responsibility for
such execution shall remain with the director.
(3) 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.
(Ordinance 532, sec. 1, adopted 8/21/89; Ordinance 677, sec. 1, adopted 10/21/03)
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 commission
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 days except by or with
the consent of the city commission. 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 chapter. 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 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 said 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) 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 (CHAPTER 418 of
the Government Code).
(Ordinance 532, sec. 2, adopted 8/21/89; Ordinance 677, sec. 2, adopted 10/21/03)
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 chapter.
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 chapter and have the
effect of law during the time of a disaster.
(Ordinance 532, sec. 3, adopted 8/21/89; Ordinance 677, sec. 3, adopted 10/21/03)
The mayor is hereby authorized to join with the County Judge
of the County of Eastland and the mayors of the other cities in said
county in the formation of an interjurisdictional emergency management
program for the County of Eastland, 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 532, sec. 4, adopted 8/21/89; Ordinance 677, sec. 4, adopted 10/21/03)
At all times when the orders, rules, and regulations made and
promulgated pursuant to this chapter 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 532, sec. 5, adopted 8/21/89; Ordinance 677, sec. 5, adopted 10/21/03)
This chapter 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 said 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 chapter
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 of 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 manmade
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 532, sec. 6, adopted 8/21/89; Ordinance 677, sec. 6, adopted 10/21/03)
No person shall have the right to expend any public funds of
the city in carrying out any emergency management activity authorized
by this chapter without prior approval by the city commission, nor
shall any person have any right to bind the city by contract, agreement,
or otherwise without prior and specific approval of the city commission
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 532, sec. 7, adopted 8/21/89; Ordinance 677, sec. 7, adopted 10/21/03)
(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 chapter.
(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) Convictions
for violations of the provisions of this chapter shall be punishable
by fine not to exceed $500.00.
(Ordinance 532, sec. 8, adopted 8/21/89; Ordinance 677, sec. 8, adopted 10/21/03)