There is hereby established an office of emergency management
director of the city, which office shall be held by the mayor of the
city, 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 establishing a program of comprehensive
emergency management within the city and for carrying out the duties
and responsibilities set forth in this division. The director may
delegate authority for execution of these duties to the coordinator,
but ultimate responsibility for such execution 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 city’s emergency management plan, as well as organized
volunteer groups. The functions and duties of this organization shall
be distributed among such officers, employees and volunteer groups
in accordance with the terms of the city’s emergency management
plan.
(Ordinance 03-O-03, sec. 1, adopted 1/27/2003; 2009 Code, sec. 1.06.001)
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 recommending 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. Such a declaration may not be
continued or renewed for a period in excess of seven (7) days except
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 proclamations, regulations, or directives which are necessary for
carrying out the purposes of this division. Such proclamations, regulations,
or directives shall be disseminated promptly by means calculated to
bring their content to the attention of the general public and, unless
circumstances related to a disaster prevent or impede such action,
promptly filed with the city secretary.
(5)
Direction
and control of the operations of the city emergency management organization,
as well as of 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 communications with other municipal, county, district, state, regional
or federal emergency management organizations.
(8)
Marshaling
of all personnel, equipment, or supplies from any department of the
city which may be necessary to aid in the implementation of the provisions
of the city’s 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 of 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 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 agreements, after approval by the city attorney, for
use of private property for public shelter and other purposes.
(12)
Determining the availability of existing personnel, equipment, supplies,
and services which could be used during a disaster, as provided herein.
(13)
Other duties and responsibilities as specified in the Texas Disaster
Act of 1975, Vernon’s Texas Codes Annotated, Government Code
chapter 418.
(Ordinance 03-O-03, sec. 2, adopted 1/27/2003; 2009 Code, sec. 1.06.002)
A comprehensive emergency management plan shall be developed
and maintained by the city. The plan shall set forth the form of 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 such plan is approved,
it shall be the duty of all city 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 city’s
emergency management plan shall be considered supplementary to this
division and have the effect of law during the time of a disaster.
(Ordinance 03-O-03, sec. 3, adopted 1/27/2003; 2009 Code, sec. 1.06.003)
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 to cooperate in the preparation of an interjurisdictional emergency
management plan and in the appointment of a joint emergency management
coordinator. The mayor is further granted such powers as may be necessary
for the city to participate in a county-wide program of emergency
management insofar as said program may affect the city.
(Ordinance 03-O-03, sec. 4, adopted 1/27/2003; 2009 Code, sec. 1.06.004)
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 03-O-03, sec. 5, adopted 1/27/2003; 2009 Code, sec. 1.06.005)
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 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 03-O-03, sec. 6, adopted 1/27/2003; 2009 Code, sec. 1.06.006)
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
prudent and necessary for the protection of health, life, or property.
(Ordinance 03-O-03, sec. 7, adopted 1/27/20031; 2009 Code, sec. 1.06.007)
(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.
(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 not to exceed two hundred dollars ($200.00).
(Ordinance 03-O-03, sec. 8, adopted 1/27/2003; 2009 Code, sec. 1.06.008)
This division 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 03-O-03, sec. 10, adopted 1/27/2003; 2009 Code, sec. 1.06.009)
The city council hereby adopts the National Incident Management
System dated March 1, 2004.
(Ordinance 05-O-69 adopted 9/9/2005; 2009 Code, sec. 1.06.031)
