The city hereby adopts the National Incident Management System
dated March 1, 2004.
(Ordinance 07-120 adopted 8/14/07)
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 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 that 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) 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 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 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 that could be used during a disaster, as provided for
herein.
(13) Other requirements as specified in the Texas Disaster Act of 1975
(Government Code chapter 418).
(2001 Code, sec. 36.02)
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 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.
(2001 Code, sec. 36.03)
The mayor is hereby authorized to join with 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.
(2001 Code, sec. 36.04)
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.
(2001 Code, sec. 36.05)
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 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.
(2001 Code, sec. 36.06)
No person shall have the right to expend any public funds of
the city in carrying out any emergency management activity authorized
by this 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, 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.
(2001 Code, sec. 36.07)
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.
(2001 Code, sec. 36.09)