The board of aldermen of the city hereby adopts the National
Incident Management System dated March 1, 2004.
(Ordinance 062 adopted 7/25/2007)
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 division. The authority to delegate 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,
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 032, sec. 1, adopted 5/15/2001)
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 recommending for adoption by the board of aldermen 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 board of aldermen. 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 division. 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 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
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, regional or federal
emergency management organizations.
(8)
Marshaling
of all necessary personnel, equipment, or other 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 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 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 032, sec. 2, adopted 5/15/2001)
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 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 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 division and have the effect of law during the time of a disaster.
(Ordinance 032, sec. 3, adopted 5/15/2001)
The mayor is hereby authorized to join with the county judge
of the County of Burnet and the mayors of the other cities in said
county in the formation of an interjurisdictional emergency management
program for the County of Burnet, 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 county-wide program
of emergency management insofar as said program may affect the city.
(Ordinance 032, sec. 3, adopted 5/15/2001)
At all times when the orders, rules and regulation 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 032, sec. 5, adopted 5/15/2001)
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 trustees, nor any agent 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 division 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 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 032, sec. 6, adopted 5/15/2001)
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 board of aldermen,
nor shall any person have any right to bind the city by contract,
agreement, or otherwise without prior and specific approval of the
board of aldermen 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 032, sec. 7, adopted 5/15/2001)
(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 the proper
officials so have granted authority to do to such a person.
(Ordinance 032, sec. 8, adopted 5/15/2001; Ordinance adopting Code)
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 032, sec. 10, adopted 5/15/2001)
