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 agreements 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 the contents to the attention of the general public
and, unless circumstances dependant on the disaster prevent or impede,
promptly filed with the city secretary.
(5) Direction
and control of the operations of the city emergency management personnel.
(6) Determination
of all questions of authority and responsibility that may arise within
the emergency management organization.
(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 efforts.
(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.
(13) Other requirements as specified in the Texas Disaster Act of 1975
(Tex. Gov’t Code Ann. chapter 418 (Vernon 1988)).
(2002 Code, sec. 7.02)
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 the emergency
management plan. 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 article and have the effect of
law during the time of disaster.
(2002 Code, sec. 7.03)
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.
(2002 Code, sec. 7.04)
At all times when the orders, rules, and regulations made and
promulgated pursuant to the emergency management plan shall be in
effect, they shall supersede and override all existing ordinances,
orders, rules, and regulations insofar as the latter may be inconsistent
therewith.
(2002 Code, sec. 7.05)
The emergency management plan 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 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 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.
(2002 Code, sec. 7.06)
No person shall have the right to expend any public funds of
the city in carrying out any emergency management activity authorized
by this 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.
(2002 Code, sec. 7.07)
The emergency management plan shall not be construed so as to
conflict with any state or federal statute or with any military or
naval order, rule, or regulation.
(2002 Code, sec. 7.09)