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A local emergency management agency for the city is hereby established. The powers and duties of such agency shall be as provided by the Texas Disaster Act of 1975, Tex. Gov’t Code §§ 418.01 et seq.
(1998 Code, § 34-31) (Ord. 93-73, passed 11-17-1993)
(A) There exists the Office of Emergency Management Director of the city, which shall be held by the Mayor in accordance with state law. An Emergency Management Coordinator may be appointed by and serve at the pleasure of the Director.
(B) 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 subchapter. He or she may delegate authority for execution of these duties to the Coordinator, but ultimate responsibility for such execution shall remain with the Director.
(C) 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 and Annexes, 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.
(1998 Code, § 34-32)
The duties and responsibilities of the Emergency Management Director shall include the following:
(A) Conduct of 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;
(B) Supervision of the development and approval of an Emergency Management Plan and Annexes for the city and recommendation for adoption by the City Commission all mutual aid arrangements deemed necessary for the implementation of such plan;
(C) Authority to declare a local state of disaster. The declaration may not be continued or renewed for a period in excess of seven days, except by or with the consent of the City Commission. 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;
(D) Issuance of necessary proclamations, regulations or directives which are necessary for carrying out the purposes of this subchapter. Such proclamations, regulations or directives shall be disseminated promptly by means calculated to bring their contents to the attention of the general public and, unless circumstances attendant on the disaster prevent or impede, promptly filed with the City Secretary;
(E) Direction and control of the operations of the City Emergency Management Organization, as well as the training of emergency management personnel;
(F) Determination of all questions of authority and responsibility that may arise within the Emergency Management Organization of the city;
(G) Maintenance of a liaison with other municipal, county, district, state, regional or federal emergency management organizations;
(H) 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 and Annexes;
(I) 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 and with other municipalities within the county for the county-wide coordination of emergency management efforts;
(J) 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;
(K) Authorizing of agreements, after approval by the City Attorney, for use of private property for public shelters and other purposes;
(L) Survey of the availability of existing personnel, equipment, supplies and services which could be used during a disaster, as provided for in this subchapter; and
(M) Other requirements as specified in Texas Disaster Act of 1975 (Tex. Gov’t Code §§ 418.01 et seq.).
(1998 Code, § 34-33) (Ord. 93-73, passed 11-17-1973)
A Comprehensive Emergency Management Plan and Annexes 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 subchapter. As provided by state law, the plan shall follow the standards and criteria established by the Division of Emergency Management of the state. 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 and Annexes shall be considered supplementary to this subchapter and have the effect of law during the time of a disaster.
(1998 Code, § 34-34)
Editor’s note:
The emergency management plan and annexes was adopted by Ord. 97-41 on 1-21-1998. The emergency management plan and annexes is not included herein, but is saved from repeal and is on file and available for inspection in the city offices.
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 such program may affect the city.
(1998 Code, § 34-35)
At all times when the orders, rules and regulations made and promulgated pursuant to this subchapter shall be in effect, they shall supersede and override all existing ordinances, orders, rules and regulations, insofar as the latter may be inconsistent therewith.
(1998 Code, § 34-36)
(A) This subchapter is an exercise by the city of its governmental functions for the protection of the public peace, health and safety, and neither the city or the agents and representatives of the city, nor any individual, receiver, firm, partnership, corporation, association or trustee, or 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 subchapter 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 of such real estate or premises for the purpose of sheltering persons during an actual, impending or practice enemy attack or natural or human-made disaster shall, together with his or her 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.
(1998 Code, § 34-37)
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