There exists the office of emergency management director of
the City, which shall be held by the Mayor in accordance with state
law.
(A)
An emergency
management coordinator may be appointed by and serve at the pleasure
of the director.
(B)
The director shall be responsible for conducting a program of comprehensive emergency management within the City and for carrying out the duties and responsibilities set forth in Section 2-3-4 of the Municipal Code of the City. He may delegate authority for execution of these duties to the coordinator, but ultimate responsibility for such execution shall remain with the director.
(Ordinance 6138 adopted 1/25/1983)
The powers and duties of the director shall include an ongoing
survey of actual or potential major 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. As part of his responsibility in hazard mitigation,
the director shall supervise 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 plans and agreements
which are deemed essential for the implementation of such emergency
management plan. The powers of the director shall include the authority
to declare a state of disaster, but such action may be subject to
confirmation by the City Council at its next meeting. The duties of
the director shall also include the causing of a survey of the availability
of existing personnel, equipment, supplies and services which could
be used during a disaster, as provided for herein, as well as a continuing
study of the need for amendments and improvements in the emergency
management plan.
(Ordinance 6138 adopted 1/25/1983)
The Mayor is hereby authorized to join with the county judge
of the County of Midland and the mayors of the other cities in said
county in the formation of an emergency management council for the
County of Midland 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 countywide program of emergency management
insofar as said program may affect the City.
(Ordinance 6138 adopted 1/25/1983)
The duties and responsibilities of the emergency management
director shall include the following:
(A)
The
direction and control of the actual disaster operations of the Midland
emergency management organization as well as the training of emergency
management personnel.
(B)
The
determination of all questions of authority and responsibility that
may arise within the emergency management organization of the City.
(C)
The
maintenance of necessary liaison with other municipal, county, district,
state, regional, federal, or other emergency management organizations.
(D)
The
marshaling, after declaration of a disaster as provided for above,
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.
(E)
The
issuance of all necessary proclamations as to the existence of a disaster
and the immediate operational effectiveness of the city emergency
management plan.
(F)
The
issuance of reasonable rules, regulations or directives which are
necessary for the protection of life and property in the City. Such
rules and regulations 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.
(G)
The
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 said
City is located and with other municipalities within the county, for
the countywide coordination of emergency management efforts.
(H)
The
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.
(I)
The
authorizing of agreements, after approval by the city attorney, for
use of private property for public shelter and other purposes.
(J)
Survey
of the availability of existing personnel, equipment, supplies and
services which could be used during a disaster, as provided for herein.
(Ordinance 6138 adopted 1/25/1983; Ordinance 6673 adopted 7/8/1986)
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 all 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. Such plan shall set forth
the form of the organization, establish and designate divisions and
functions, assign tasks, duties, and powers, and designate officers
and employees to carry out the provisions of this Chapter. Insofar
as possible, the form of organization, titles and terminology shall
conform to the recommendations of the state division of emergency
management of the state and of the federal government.
(Ordinance 6138 adopted 1/25/1983)
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 Chapter and shall be
subject to the penalties imposed by this Chapter.
(Ordinance 6138 adopted 1/25/1983)
At all times when the orders, rules, and regulations made and
promulgated pursuant to this Chapter 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 6138 adopted 1/25/1983)
This Chapter 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 6138 adopted 1/25/1983)
This Chapter 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 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 Chapter
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 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, 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 of privilege or other permission or for
loss of, or damage to, the property of such person.
(Ordinance 6138 adopted 1/25/1983)
No person shall have the right to expend the public funds of
the City in carrying out any emergency management activity authorized
by this Chapter 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.
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 6138 adopted 1/25/1983; Ordinance 6673 adopted 7/8/1986)
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 Chapter,
or to do any act forbidden by any rule or regulation issued pursuant
to the authority contained in this Chapter. 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. Convictions for violations
of the provisions of this Chapter shall be punishable by a fine not
exceeding $500.00.
(Ordinance 6138 adopted 1/25/1983; Ordinance 6790 adopted 9/22/1987)
Each employee or any individual that is assigned a function
or responsibility shall solemnly swear or affirm to support and defend
the Constitution of the United States, laws of the state and the ordinances
of the City.
(Ordinance 6138 adopted 1/25/1983)
A comprehensive emergency management plan shall be developed
and maintained in a current state by the city manager. 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 Section. As provided by state law, the plan shall follow the
standards and criteria established by the state division of emergency
management of the state. Insofar as possible, the form of organization,
titles and terminology shall conform to the recommendations of the
state division of emergency management. The emergency management plan
shall be considered supplementary to this Section and have the effect
of law during the time of a disaster.
(Ordinance 6673 adopted 7/8/1986)
