(a)
The
city has developed a hazard mitigation action plan to serve as a guiding
document for local officials.
(b)
The
hazard mitigation action plan will be utilized by elected officials,
city staff and community members to ensure continuity of future mitigation
programs and policies.
(c)
The
hazard mitigation action plan is hereby adopted.
(Ordinance 273 adopted 9/14/04; Ordinance 296 adopted 7/11/06)
The city hereby agrees to participate in the Polk County civil
defense plan and to follow the procedures outlined in the Polk County
emergency operations plan dated September 29, 1978, as revised. City
officials are authorized to carry out all duties outlined in said
plan; however, no expenditure of city funds is authorized under said
plan without the approval of the city council.
(Resolution adopted 9/5/78; Ordinance adopting 1982 Code; 1982 Code,
ch. 1, sec. 24(A))
The National Incident Management System (NIMS) is adopted as
the city’s system for preparing for and responding to disaster
incidents.
(Ordinance adopting 2015 Code)
(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 section 1.04.032 of this division. He/she may delegate authority for execution of these duties to the coordinator, but ultimate responsibility for such execution 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 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 adopting 1982 Code; Ordinance 78, sec. 1, adopted 11/13/84; 1982 Code, ch. 1, sec. 24(B))
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 of an emergency management plan for the city, and
shall recommend that plan for adoption by the city council along with
any and all mutual aid arrangements deemed necessary for the implementation
of such plan;
(3)
Authority
to declare a state of disaster, but such action may be subject to
confirmation by the city council at its next meeting. The declaration
cannot remain in force for more than seven (7) days unless extended
and must be filed with the city clerk;
(4)
Direction
and control of the operations of the emergency management organization,
as well as the training of emergency management personnel;
(5)
Determination
of all questions of authority and responsibility that may arise within
the emergency management organization of the city;
(6)
Maintenance
of liaison with other municipal, county, district, state, regional
or federal emergency management organizations;
(7)
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;
(8)
Issuance
of necessary proclamations, regulations or directives which are necessary
for the protection of life and property in the city. Such proclamations,
rules, regulations or directives shall be filed in the office of the
city secretary and shall receive widespread publicity unless publicity
would be of aid and comfort to the enemy;
(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)
Survey of the availability of existing personnel, equipment, supplies
and services which could be used during a disaster, as provided for
herein; and
(13)
Other requirements as specified in Texas Disaster Act (sections 418.101–418.109,
Government Code, V.T.C.A.
(Ordinance adopting 1982 Code; Ordinance 78, sec. 2, adopted 11/13/84; 1982 Code, ch. 1, sec. 24(C))
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 a disaster
emergency proclamation is in effect.
(Ordinance adopting 1982 Code; Ordinance 78, sec. 3, adopted 11/13/84; 1982 Code, ch. 1, sec. 24(D))
The mayor is hereby authorized to join with the county judge
and the mayors of 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.
(Ordinance adopting 1982 Code; Ordinance 78, sec. 4, adopted 11/13/84; 1982 Code, ch. 1, sec. 24(E))
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 adopting 1982 Code; Ordinance 78, sec. 5, adopted 11/13/84; 1982 Code, ch. 1, sec. 24(F))
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.
(Ordinance adopting 1982 Code; Ordinance 78, sec. 6, adopted 11/13/84; 1982 Code, ch. 1, sec. 24(G))
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
necessary for the protection of health, life and property.
(Ordinance adopting 1982 Code; Ordinance 78, sec. 7, adopted 11/13/84; 1982 Code, ch. 1, sec. 24(H))
(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 division, or to
do any act forbidden by any rule or regulation issued pursuant to
the authority contained in this division.
(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)
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 division and shall be subject
to the penalties imposed by this division.
(d)
Convictions
for violations of the provisions of this division shall be punishable
by a fine.
(Ordinance adopting 1982 Code; Ordinance 78, sec. 8, adopted 11/13/84; 1982 Code, ch. 1, sec. 24(I))
