CHAPTER 5
EMERGENCY MANAGEMENT*
*Cross reference(s)--The
mayor shall be emergency management director, §
2-73.
State law reference(s)--Emergency
management, V.T.C.A., Government Code § 418.001 et
seq.
Sec. 5-1.
Director--Generally; appointment
coordinator.
Sec. 5-2.
Same--Powers, duties.
Sec. 5-3.
Same--Responsibilities.
Sec. 5-4.
City organization.
Sec. 5-5.
County-wide program.
Sec. 5-6.
Emergency superiority of emergency orders, rules,
regulations.
Sec. 5-7.
Conflict with state, federal law, military order,
rule, regulation.
Sec. 5-8.
Liability for actions.
Sec. 5-9. City not to
be obligated.
Sec. 5-10. Oath of
office.
Sec. 5-11. Unauthorized
warnings.
Sec. 5-12. Interference
of personnel; impersonation.
Sec. 5-1.
Director--Generally; appointment
coordinator.
There
exists the office of emergency management director
in the city which shall be held by the mayor in
accordance with V.T.C.A., Government Code § 418.001
et seq.
(a) An emergency management
coordinator may be appointed by and serve at the
pleasure of the director.
(b) The director shall be responsible
for conducting a program of comprehensive emergency
management within the city and for carrying out the
duties and responsibilities set forth in section
5-3. He may delegate authority for execution of
these duties to the coordinator, but ultimate
responsibility for such execution shall remain with
the director.
(Ord.
No. 327, § II(5-1),
4-25-83)
Cross
reference(s)--Mayor, § 2-71 et seq.; officers
and employees, § 2-226 et seq.
Sec. 5-2.
Same--Powers, duties.
The powers and duties of the director shall
include an ongoing survey of actual or potential
major hazards which threaten life and property
within the city, as well as 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. As part of his
responsibility in hazard mitigation, the director
shall supervise the development of an emergency
management plan for the city, and shall recommend
that plan for adoption by the city council along
with any and all mutual aid plans and agreements
which are deemed essential for the implementation of
such emergency management plan. The powers of the
director shall include the authority to declare a
state of disaster, but such action may be subject to
confirmation by the city council at its next
meeting. The duties of the director shall also
include the causing of a survey of the availability
of existing personnel, equipment, supplies and
services which could be used during a disaster, as
provided for herein, as well as a continuing study
of the need for amendments and improvements in the
emergency management plan.
(Ord.
No. 327, § II(5-2),
4-25-83)
Sec. 5-3.
Same--Responsibilities.
The
duties and responsibilities of the emergency
management director shall include the following:
(1) The direction and control of the
actual disaster operations of the emergency
management organization of the city as well as the
training of emergency management personnel.
(2) The determination of all questions
of authority and responsibility that may arise
within the emergency management organization of the
city.
(3) The maintenance of necessary
liaison with other municipal, county, district,
state, regional, federal or other emergency
management organizations.
(4) The marshaling, after declaration
of a disaster as provided for above, 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.
(5) The issuance of all necessary
proclamations as to the existence of a disaster and
the immediate operational effectiveness of the city
emergency management plan
(6) The issuance of reasonable rules,
regulations or directives which are necessary for
the protection of life and property in the city.
Such rules and regulations shall be filed in the
office of the city secretary and shall receive
widespread publicity unless publicity would be of
aid and comfort to the enemy.
(7) The 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
the city is located and with other municipalities
within the county, for the county-wide coordination
of emergency management efforts.
(8) The 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.
(9) The authorizing of agreements,
after approval by the city attorney, for use of
private property for public shelter and other
purposes.
(Ord.
No. 327, § II(5-4),
4-25-83)
Sec. 5-4.
City organization.
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 all 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. Such plan shall
set forth the form of the organization, establish
and designate divisions and functions, assign tasks,
duties and powers, and designate officers and
employees to carry out the provisions of this
chapter. Insofar as possible, the form of
organization, titles and terminology shall conform
to the recommendations of the state division of
emergency management and of the federal government.
(Ord.
No. 327, § II(5-5),
4-25-83)
Sec.
5-5.
County-wide program.
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 emergency management
council for the county and shall have the authority
to cooperate in the preparation of a joint 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 the
program may affect the city.
(Ord.
No. 327, § II(5-3),
4-25-83)
Sec.
5-6. Emergency
superiority of emergency orders, rules,
regulations.
At all
times when the orders, rules and regulations made
and promulgated pursuant to this chapter shall be in
effect, they shall supersede and override all
existing ordinances, orders, rules and regulations
insofar as the latter may be inconsistent therewith.
(Ord.
No. 327, § II(5-7),
4-25-83)
Sec.
5-7.
Conflict with state, federal law, military order,
rule, regulation.
This
chapter shall not be construed so as to conflict
with any state or federal statute or with any
military or naval order, rule, or regulation.
(Ord.
No. 327, § II(5-8),
4-25-83)
Sec. 5-8.
Liability for
actions.
(a) This chapter is an exercise by the
city of its governmental functions for the
protection of the public peace, health and safety.
Neither the city, the agents and representatives of
the city, nor any individual, receiver, firm,
partnership, corporation, association or trustee, in
good faith carrying out, complying with or
attempting to comply with any order, rule or
regulation promulgated pursuant to the provisions of
this chapter, shall be liable for any damage
sustained to persons as the result of such
activity.
(b) 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 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.
(c) Notwithstanding anything herein to
the contrary, this section is not intended, and
shall not be construed, as an assumption of any
liability by or agreement to indemnify anyone by the
city.
(Ord.
No. 327, § II(5-9),
4-25-83)
Sec.
5-9. City not to be
obligated.
No
person shall have the right to expend any public
funds of the city in carrying out any emergency
management activity authorized by this chapter
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.
(Ord.
No. 327, § II(5-10),
4-25-83)
Sec.
5-10. Oath of
office.
Each employee or any
individual that is assigned a function of
responsibility under this chapter shall solemnly
swear or affirm to support and defend the
Constitution of the United States, laws of the state
and the ordinances of the city.
(Ord.
No. 327, § II(5-12),
4-25-83)
Sec.
5-11.
Unauthorized warnings.
It is
unlawful for any unauthorized person to operate a
siren or other device so as to simulate a warning
signal or to terminate a warning activated by an
authorized person.
(Ord.
No. 327, § II(5-6),
4-25-83)
Sec.
5-12. Interference of
personnel; impersonation.
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
chapter, or to do any act forbidden by any rule or
regulation issued pursuant to the authority
contained in this chapter. 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.
(Ord.
No. 327, § II(5-11), 4-25-83)
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