There exists the office of the emergency management director
of the city, which shall be held by the mayor in accordance with state
law.
(1) An emergency
management coordinator may be appointed by and serve at the pleasure
of the director.
(2) 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 article. He/she may delegate authority for execution,
however, the final authority shall remain with the director.
(3) 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 90603 adopted 10/6/03)
The duties and responsibilities of the emergency management
director shall include the following:
(1) Surveying
actual or potential hazards which threaten the life and property within
the city and 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 should 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 seven (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 city article. 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) Direction
and control of the operations of the emergency management organization
of the city, as well as the training of emergency management personnel.
(6) Determinations
of all questions of authority and responsibility that may arise within
the emergency management organization of the city.
(7) Maintenance
of the liaison with other municipal, county, district, state, regional
or federal emergency management organizations.
(8) Marshalling
of all necessary personnel, equipment or supplies from any department
of the city to aid in carrying out 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 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 for
the county wide coordination of the emergency management effort.
(10) Supervision
of and final authorization for the procurement of all necessary supplies
and equipment, including the acceptance of private contributions which
may be offered for the purpose of improving emergency management within
the city.
(11) Authorizing
of agreements, after the approval of 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 herein.
(13) Other
requirements as specified in the Texas Disaster Act (chapter 418,
Government Code).
(Ordinance 90603 adopted 10/6/03)
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 order. 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 emergency management plan shall be considered supplementary to
this article and have the effect of law during the time of a disaster.
(Ordinance 90603 adopted 10/6/03)
The mayor is hereby authorized to join the mayor [sic] of the
city in the formation of a regional interjurisdictional emergency
management program for the county and the south plains region 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 all powers necessary to participate
in a countywide program of emergency management insofar as said program
may affect the city.
(Ordinance 90603 adopted 10/6/03)
At all times, when the orders, rules, and regulations made and
promulgated pursuant to this article shall be in effect, they shall
supercede and override all existing ordinances, orders, rules and
regulations insofar as the latter may be inconsistent therewith.
(Ordinance 90603 adopted 10/6/03)
This article 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 individuals, 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 rule, or regulation
promulgated pursuant to the provisions of this order shall be liable
for any damage sustained to persons as the result of such 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, or
for loss of or damage to, the property of such person.
(Ordinance 90603 adopted 10/6/03)
No person shall have the right to expend any public funds of
the city in carrying out any emergency management activity authorized
by this order without the prior approval of the city council, nor
shall any person have the 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 90603 adopted 10/6/03)
(a) It shall
be unlawful for any person to willfully obstruct, hinder, or delay
any member of the emergency management organization in the enforcement
of any rule or regulation issued pursuant to this order.
(b) It shall
likewise be unlawful for any person to wear, carry or display any
emblem, insignia, or by 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 violations of the provisions of this article shall be punishable
by fine not to exceed five hundred dollars ($500.00).
(Ordinance 90603 adopted 10/6/03)