(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 a program of comprehensive emergency
management within the city and for carrying out the duties and responsibilities
set forth in the article. He/she may delegate authority for execution
but ultimate responsibility shall remain with the director.
(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 interjurisdictional 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 interjurisdictional emergency management plan.
(Ordinance 1011 adopted 11/7/02)
The duties and responsibilities of the emergency management
director shall include the following:
(1) Surveying
actual or potential hazards that threaten life and property within
the city and identifying and requiring or recommending the implementation
of measures that 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 interjurisdictional emergency
management plan as it pertains to the city, and 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 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 their 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 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 interjurisdictional
emergency management plan.
(9) Supervision
of the drafting and execution of mutual aid agreements, in cooperation
with the state and of other local political subdivisions of the state
and the drafting and execution of an agreement with the county in
which the city is located and with other municipalities within the
county, for the countywide 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
the 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 by in the Texas Disaster Act (chapter
418 of the Government Code.)
(Ordinance 1011 adopted 11/7/02)
A comprehensive interjurisdictional 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 as the plan pertains to this city. 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 the 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 interjurisdictional emergency management plan shall be considered
supplemental to this article and have the effect of law during the
time of a disaster.
(Ordinance 1011 adopted 11/7/02)
The mayor is hereby authorized to join with the county judge
and the mayor of the City of Santa Anna in said county in the formation
of an interjurisdictional emergency management program for the county
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 the powers
necessary to participate in a countywide program of emergency management
insofar as said program may affect the city.
(Ordinance 1011 adopted 11/7/02)
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 1011 adopted 11/7/02)
This article is an exercise by the city of its governmental
function 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, in good faith carrying out, complying
with or attempting to comply with any order, rule or regulations promulgated
pursuant to the provisions of this article 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, 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 1011 adopted 11/7/02)
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. 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 1011 adopted 11/7/02)
(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.
(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 violation of the provisions of this article shall be punishable by a fine in accordance with the general penalty provision set forth in section
1.01.009 of this code.
(Ordinance 1011 adopted 11/7/02)