(a) 
Operational organization.
There exists the office emergency management director of the city 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 article. He or 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 the organization shall be distributed among such officers and employees in accordance with the terms of the emergency management plan.
(b) 
Powers and duties of emergency management director.
The duties and responsibilities of the emergency management director shall include the following:
(1) 
Conducting 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 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 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 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) 
Surveying the availability of existing personnel, equipment, supplies, and services which could be used during a disaster, as provided herein.
(13) 
Other requirements as specified in the Disaster Act of 1975, Texas Gov’t. Code, section 418.001 et seq.
(Ordinance 91-541 adopted 5/14/91; 1994 Code, sec. 39.01)
(a) 
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.
(b) 
As provided by state law, the plan shall follow the standards and criteria established by the division of emergency management of the state. Insofar as possible, the form of organization, titles, and terminology shall conform to the recommendations of the division of emergency management of the state.
(c) 
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 a disaster.
(d) 
The city hereby establishes an emergency management plan with the following components adopted by reference:
(1) 
Basic Emergency Management Plan.
(2) 
Annex A - Warning.
(3) 
Annex B - Communications.
(4) 
Annex E - Evacuation.
(5) 
Annex G - Law Enforcement.
(6) 
Annex I - Emergency Public Information.
(7) 
Annex K - Public Works.
(8) 
Annex L - Utilities.
(9) 
Annex M - Resource Management.
(10) 
Annex N - Direction and Control.
(11) 
Annex O - Human Services.
(12) 
Annex P - Hazard Mitigation.
(13) 
Annex Q - Hazardous Materials.
(14) 
Annex R - Search and Rescue.
(15) 
Annex U - Legal.
(16) 
Annex V - Terrorist Incident Response.
(Ordinance 91-541 adopted 5/14/91; Ordinance 03-19 adopted 12/18/03; 1994 Code, sec. 39.02)
The mayor is authorized to join with the county judges of Winkler and Loving Counties and the mayor of the City of Winkler in Winkler County in the formation of an interjurisdictional emergency management program for the Counties of Winkler and Loving. The mayor 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 the program may affect the city.
(Ordinance 91-541 adopted 5/14/91; Ordinance 03-18 adopted 12/18/03; 1994 Code, sec. 39.03)
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, and regulations insofar as the latter may be inconsistent therewith.
(Ordinance 91-541 adopted 5/14/91; 1994 Code, sec. 39.04)
(a) 
This article 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 article shall be liable for any damage sustained to persons as the result of the activity.
(b) 
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 the 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 or her successors in interest, if any, not be civilly liable for the death of or injury to any person on or about the real estate or premises under such license, privilege, or other permission or for loss of or damage to the property of the person.
(Ordinance 91-541 adopted 5/14/91; 1994 Code, sec. 39.05)
(a) 
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 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.
(b) 
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 91-541 adopted 5/14/91; 1994 Code, sec. 39.06)
(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 article, or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this article.
(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 the person by the proper officials.
(c) 
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 article and shall be subject to the penalties imposed by this article.
(Ordinance 91-541 adopted 5/14/91; 1994 Code, sec. 39.07)
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 91-541 adopted 5/14/91; 1994 Code, sec. 39.08)
Convictions for violations of the provisions of this article shall be punishable by a fine not to exceed $1,000.00.
(Ordinance 91-541 adopted 5/14/91; 1994 Code, sec. 39.99)