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§ 1.09.006 Liability.
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. 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 t...
§ 1.09.007 Commitment of funds.
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, and property. ( 1991 Code, sec. 10-36 )
§ 1.09.008 Offenses; penalties.
(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) 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 article and shall be subject to the penalties imposed by this article. (d) Convictions...
§ 1.09.009 through § 1.09.040. (Reserved)
Ch 1 Art 09 Div 2 Incident Management
§ 1.09.041 National Incident Management System (NIMS).
The National Incident Management System dated March 1, 2004, is hereby adopted in its entirety as the standard for incident management for the city. ( Ordinance 5333 adopted 9/19/05 )
§ 1.09.042 through § 1.09.070. (Reserved)
Ch 1 Art 09 Div 3 Emergency Service Fee
§ 1.09.071 Definitions.
The following words, terms, and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: ( Ordinance 5875 adopted 4/6/15 )
1.09.071{1} 9-1-1 emergency service system.
9-1-1 emergency service system. A system of processing emergency 9-1-1 calls.
1.09.071{2} 9-1-1 service.
9-1-1 service. A telecommunications service through which the user of a public telephone system has the ability to reach the city’s public safety answering point by dialing the digits 9-1-1.
1.09.071{3} Local exchange access line or equivalent local exchange access line.
Local exchange access line or equivalent local exchange access line. (1) The physical voice grade telecommunications connection or the cable or broadband transport facilities, or any combination of these facilities, between an end user customer’s premises, and a service provider’s network that, when the digits 9-1-1 are dialed, provides the end user customer access to a public safety network. Each such connection (e.g. individual channel) provided to an end user customer shall constitute a separate “local exchange access line” or “equivalent local exchange access line.” A service provider that bills federal subscriber line charges on all its retail lines and services to all its end user customers may use the federal subscriber line charge as an alternativ...
1.09.071{4} Public safety answering point.
Public safety answering point. The city communications facility that: (1) Is operated continuously; (2) Is assigned the responsibility to receive 9-1-1 calls and to dispatch emergency response services directly or to transfer or relay emergency 9-1-1 calls to other public safety agencies; (3) Is the first point of receipt by a public safety agency of a 9-1-1 call; and (4) Serves the city.
1.09.071{5} Service provider.
Service provider. An entity providing local exchange access lines and/or equivalent local exchange access lines to a service user in the city.
1.09.071{6} Service user.
Service user. A person or business entity that is provided local exchange access lines or equivalent local exchange access lines in the city.
1.09.071{7} VoIP (voice over internet protocol).
VoIP (voice over internet protocol). Phone service provided by an internet carrier. These lines also provide the same access to 9-1-1 systems as land line and cell carriers, and should be required to pay the same fee for 9-1-1 service. The proposed ordinance codifies the requirements established by the Texas Administrative Code for VoIP providers.
§ 1.09.072 Service fee.
There is hereby imposed on each service user’s local exchange access line and equivalent local exchange access line in the city a 9-1-1 service fee of eighty cents ($0.80) per month for each residential line; eighty cents ($0.80) per month for each business line; eighty cents ($0.80) per month, for each business trunk line; and eighty cents ($0.80) per month for each VoIP line. Such 9-1-1 service fee shall be used only to provide for the purchase, installation, operation, and maintenance expenses of 9-1-1 service, including required personnel. ( Ordinance 5875 adopted 4/6/15 )
§ 1.09.073 Execution of contracts with 9-1-1 service providers.
The city manager, or his designee, is hereby authorized to execute a contract or contracts on behalf of the city with any service provider, pursuant to the provisions of this division, to provide for the billing and collection of fees imposed by the city pursuant to the provisions hereof. ( Ordinance 5701 adopted 6/20/11 )
§ 1.09.074 Restrictions and limitations on 9-1-1 service fee.
The 9-1-1 service fee imposed by this division shall be subject to the following restrictions and limitations: (1) The 9-1-1 service fee may only be imposed upon service users’ local exchange access lines and equivalent local exchange access lines. (2) The 9-1-1 service fee may not be imposed upon more than one hundred (100) local exchange access lines per service user per location, or more than one hundred (100) local exchange access lines for a single business entity at a single location unless the lines or services are used by residents of the location. The fee limitation of this section shall not apply to equivalent local exchange access lines. (3) The 9-1-1 service fee may not be imposed upon any coin-operated or coin/card reader operated telephone e...
§ 1.09.075 VoIP positioning center operator minimum requirements.
The city as the 9-1-1 entity, codifies the adoption of Texas Administrative Code title 1, part 12 , chapter 251, rule 251.14 and requires all VoIP positioning center (VPC) operators comply to provide end users of IP-enabled voice service providers (VSPs) with a consistent level of 9-1-1 service that is comparable to wireline E9-1-1 service. ( Ordinance 5875 adopted 4/6/15 )