(a)
There
exists the office of 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 [of these duties to the coordinator, but ultimate
responsibility] 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.
(b)
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 2004-01, sec. 1, adopted 3/23/04)
The duties and responsibilities of the emergency management
director shall include the following:
(1)
Surveying
actual or potential hazards which threaten 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 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 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 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 city 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 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 said 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
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 in the Texas Disaster Act (chapter
418 of the Government Code).
(Ordinance 2004-01, sec. 2, adopted 3/23/04)
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 article.
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 a disaster.
(Ordinance 2004-01, sec. 3, adopted 3/23/04)
The mayor is hereby authorized to join with the county judge
and the mayors of the other cities in the 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 all powers
necessary to participate in a countywide program of emergency management
insofar as said program may affect the city.
(Ordinance 2004-01, sec. 4, adopted 3/23/04)
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 2004-01, sec. 5, adopted 3/23/04)
(a)
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 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.
(b)
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 2004-01, sec. 6, adopted 3/23/04)
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 2004-01, sec. 7, adopted 3/23/04)
This article 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 2004-01, sec. 10, adopted 3/23/04)
(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 violations of the provisions of this article shall be punishable
by fine not to exceed one thousand dollars ($1,000.00).
(Ordinance 2004-01, sec. 8, adopted 3/23/04)
