The city council hereby adopts the National Incident Management
System dated March 1, 2004.
(Ordinance 393-2005 adopted 8/9/05)
(a)
There
exists an office of emergency management of the city, of which the
mayor shall serve as director.
(b)
An
emergency management coordinator may be appointed by the director.
(c)
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 division. The director may delegate authority for
execution of these duties to the coordinator, but the responsibility
for emergency management remains with the mayor under all circumstances.
(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 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 477-2009 adopted 3/19/09)
The duties and responsibilities of the emergency management
director shall include the authority to:
(1)
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.
(2)
Conduct
an ongoing survey of actual 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.
(3)
Supervise
the development and approval of an emergency management plan for the
city. The director shall recommend for adoption by the city council
all mutual aid arrangements deemed necessary for the implementation
of such plan and to determine all questions of authority and responsibility
that may arise within the emergency management organization of the
city.
(4)
Issue
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 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)
Direct
and control the operations of the city emergency management organization
as well as the training of emergency management personnel.
(6)
Maintain
liaison with other municipal, county, district, state, regional or
federal emergency management organizations.
(7)
Marshal
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.
(8)
Supervise
the drafting and execution of mutual aid agreements, in cooperation
with the representatives of the state and of other local political
subdivisions; and supervise the drafting and execution, if deemed
desirable, of an agreement with the county and with other municipalities
within the county, for the county-wide coordination of emergency management
efforts.
(9)
Supervise
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.
(10)
Authorize agreements, after approval by the city attorney, for use
of private property for public shelter and other purposes.
(11)
Survey the availability of existing personnel, equipment, supplies
and services which could be used during a disaster.
(12)
Carry out other requirements as specified in the Texas Disaster Act
of 1975, Texas Government Code chapter 418, and as amended.
(Ordinance 477-2009 adopted 3/19/09)
The city shall develop and maintain a comprehensive emergency
management plan. 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. 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 division and have the
effect of law during the time of a disaster.
(Ordinance 477-2009 adopted 3/19/09)
The mayor is hereby authorized to join with the county judge
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.
(Ordinance 477-2009 adopted 3/19/09)
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.
(Ordinance 477-2009 adopted 3/19/09)
This division is an exercise by the city of its governmental
functions for the protection of the public peace, health and safety.
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 division
shall be liable for any damage sustained to any persons as a 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 on for loss of, or damage to, the property of
persons.
(Ordinance 477-2009 adopted 3/19/09)
The emergency management coordinator may authorize expenditures
necessary to protect health, safety and welfare of the citizens in
accordance with state law. During a declared disaster, the mayor may
authorize the expenditure of city funds when deemed prudent and necessary
for the protection of health, life or property. Emergency management
expenditures shall be made in accordance with the adopted budget except
during a declared disaster.
(Ordinance 477-2009 adopted 3/19/09)
(a)
A
person commits an offense if the person willfully obstructs, hinders,
or delays any member of the emergency management organization in the
enforcement of any rule or regulation issued pursuant to this division,
or to do any act forbidden by any rule or regulation issued pursuant
to the authority in this division.
(b)
A
person commits an offense if the person wears, carries, or displays
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)
A
person commits an offense if he operates a siren or other device so
as to simulate a warning signal, or the termination of a warning unless
authority to do so has been granted to such person by the proper officials.
(d)
Any
person, firm or corporation who violates, disobeys, omits, neglects
or refuses to comply with or who resists the enforcement of any of
the provisions of this division shall be fined not more than one thousand
dollars ($1,000.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
(Ordinance 477-2009 adopted 3/19/09)
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.
(Ordinance 477-2009 adopted 3/19/09)
