Loading...
HomeMy WebLinkAboutOrdinance No. 2015-2121ORDINANCE NO. 2015- I a I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING OF THE CODE OF ORDINANCES BY REPEALING IN ITS ENTIRETY CHAPTER 7, ARTICLE 11, SECTIONS 7-20 TO 7-28, ENTITLED "EMERGENCY MANAGEMENT" AND REPLACING WITH A NEW CHAPTER 7, ARTICLE 11, SECTIONS 7-20 TO 7-40, ENTITLED "EMERGENCY MANAGEMENT" WHICH SETS FORTH A COMPREHENSIVE EMERGENCY MANAGEMENT PLAN FOR THE CITY OF THE COLONY, TEXAS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR EACH AND EVERY OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the City Council of the City of The Colony, Texas, finds that the identification of potential hazards and the prevention or mitigation of their effects must be an on- going concern of the City if the lives and property of the populace are to be protected; and WHEREAS, the City, Council hereby declares that the preparation of a comprehensive emergency management plan, and the means for its implementation, for the protection of lives and property in the City from natural or man -caused disasters or threat thereof is immediately essential; and WHEREAS, the City Council further finds that in times of disasters which may imperil the safety of the inhabitants of the City, or their property, it becomes necessary to effectuate and place into operation the preconceived plans and preparations with a minimum of delay; and WHEREAS, the City Council believes that for clarification and practical purposes a new emergency management plan should be adopted; and WHEREAS, the City Council has determined that for the health, welfare and safety of its citizens, an amendment to Chapter 7, Article 11 of the City Code of Ordinances, City of The Colony, Texas, is necessary and in the best interest of the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That the Code of Ordinances of the City of The Colony, Texas be, and the same is, hereby amended by repealing in its entirety Chapter 7, Article U, Sections 7-20 to 7-28, entitled "Emergency Nlanagement" and replacing it with a new Chapter 7, Article 11, Sections 7- 20 to 7-40, entitled "Emergency Management," which shall read as follows: "Article 11. Emergency Management Sec. 7-20. Purpose and declaration policy. The purpose of this article is to provide the necessary organization, powers, and authority to provide the timely and effective use of all city resources to prepare for, respond to and recover from disasters and or emergencies, natural or manmade, that are likely to affect the health, security safety, welfare or property of the city and its residents, whether the events occur within or without the corporate limits of the city. This article is enacted to provide the city, its officers and employees, with the broadest power permitted by the City Code, City Charter, state and federal law to plan for and respond to disasters and or emergencies. Sec. 7-21. Incident management adopted. The National Incident Management System (NIMS) is designated as the city standard for incident management. 7Iomeland Security Presidential Directive 5 (HSPD-5). Sec. 7-22. State law adopted. The provisions of the Texas .Disaster Act of 1975 (V.T.C.A. Government Code, Chapter 418, as amended), as it may now or hereafter apply to the City, are adopted as part of this article. Sec. 7-23. Office of emergency management established. The office of emergency management is hereby created and established in accordance with Section 1.07 of the Home Mule Charter of the City of The Colony, Texas, and Chapter 418 of the Texas Government Code. Sec. 7-24. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning: Continuity of government paeans the principle of establishing policies and procedures that allow City government to continue its essential municipal services and operations in case of a disaster or emergency. Continuity of operations means the continuation of essential municipal services and operations in the case of a disaster or emergency. Disaster means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property- resulting from any natural or manmade cause, including fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination, volcanic activity, epidemic, air contamination, blight, drought, infestation, explosion, riot, hostile military Page 2 or paramilitary action, other public calamity requiring emergency action, or energy emergency, and may warrant disaster assistance. The emergency operations center will be activated as appropriate during and after a disaster. Emei�gency means an occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property that is smaller in scope than a disaster but is larger in scope and more severe in terms of actual or potential damaging effects than an incident. Characteristics of an emergency include, but are not limited to, the following: (1) Involves a large area, significant population, or important facilities; (2) May require implementation of large-scale evacuation or in-place sheltering and implementation of temporary shelter and mass care operations-, (3) May require community -wide warning and public instructions; (4) Requires a sizable multi -agency response operating under an incident commander; (5) May require some external assistance from other local response agencies, contractors, and limited assistance from state or federal agencies; and/or (6) The emergency operations center may be activated to provide general guidance and direction, coordinate external support, and provide resource support. Emergency manag-emew plan means the document adopted by the office of emergency management to maintain continuity of government, and in order to provide general guidance for emergency management activities of the City. Einerg-ency management volunteer means any person who is not employed by the City who is duly registered, identified, and appointed by the office of emergency management, or by the city manager, or by the mayor, and who is assigned to participate in an emergency management activity. Emergency operations center means the physical location at which the coordination of information and City resources is located to support local disaster or emergency management Z:� activities. It is a specially equipped facility from which City officials exercise direction and control and coordinate necessary resources in a disaster or emergency situation. Incident means an emergency occurrence that is limited in scope and potential effect on lives and property, and is typically handled by one or two City response agencies acting under an incident commander. An incident may require limited external assistance from other local response forces. The emergency operations center is usually not activated during most incidents. Local scale of 'emergency means a proclamation by the governor of a state of emergency and designation of the area involved, upon application of the mayor or city council during an Page 3 ) emergency, pursuant to Chapter 433 of the Texas Goverrunent Code, as amended. Local stale Uf disaster means an executive order or proclamation by the emergency management director declaring a state of local disaster, upon a finding by the emergency management director that a disaster has occurred or that the occurrence or threat of occurrence of a disaster is imminent. The order or proclamation must include: (1) A description of the nature of the disaster; (2) A. designation of the area threatened; and (3) A description of the conditions that have created the; state of local disaster. Secondary emei ency operations center means the physical location of a back-up facility that would be used if the primary emergency operations center is unavailable or has its capacity exceeded during an emergency operations center activation. Sec. 7.25. Mayor's powers during disaster or emergency. The mayor is authorized, if the mayor finds that the city- or any part thereof is suffering or is in imminent danger of suffering a disaster, emergency, civil emergency, or utility emergency, to declare a local disaster and issue orders exercising all emergency powers including without limitation, all of the following: (1) Temporarily suspend, limit, cancel, convene, reschedule, postpone, continue, or relocate all meetings of the city- council, and any city committee, commission, board, authority, or other city body as deemed appropriate by the mayor. (2) Suspend or limit the sale, distribution, dispensing or transportation of alcoholic beverages, firearms, explosives, and other combustible products and require the closing of those businesses or parts of businesses insofar as the sale, distribution, dispensing, or transportation of these items are concerned. (3} Establish a curfew during such hours of the days or nights and affecting such categories of persons as may be designated. (4) Require closing of business establishments. (5) Prohibit the sale or distribution within the city of any products, which could be employed in a manner, which would constitute a danger to public safety. (6) Temporarily- close any and all streets, alleys, sidewalks, bike paths, public parrs or public ways. (7) Temporarily- suspend or modify, for not more than seven (7) days, any regulation or ordinance of the city, including but not limited to, those regarding health, safety, and Page 4 zoning. This period may be extended upon approval of the city council. (8) Suspend or limit the use of the city's water resources or other infrastructure. (9) Control, restrict, allocate, or regulate the use, sale, production, or distribution of food, water, fuel, clothing, and/or other commodities, materials, goods, services, and resources including the establishment of wage, rent, and price controls and other economic stabilization methods necessary to preserve economic stability. (10) Suspend or limit burning; of any items or property within the city limits and up to five (5) miles outside the corporate limits. (11) require emergency services of any city officer or employee. If regular city forces are determined to be inadequate, then to acquire the services of such other personnel as the mayor can obtain that are available, including citizen volunteers. All duly authorized persons rendering; emergency services shall be entitled to the privileges and immunities as are provided by state law to other registered and identified disaster emergency workers. (12) utilize all available resources of the city as reasonably necessary to manage the disaster or emergency. (13) Direct and compel the evacuation of all or part of the population from any stricken or threatened areas within the city if themayor deems this action is necessary for the preservation of life, property, or other disaster or emergency mitigation, response or recovery- and to prescribe routes, anodes of transportation and destination in connection with an evacuation. (14) Purchase or lease materials, supplies, or equipment during the local disaster or emergency, and to authorize any or all agencies or city officials to directly purchase or lease those materials, supplies, or equipment essential to continue the work of the city involved without the advertisement of bids. Purchases or leases exceeding the amount of twenty-five thousand dollars ($25,000.00) shall require prior approval by the director of finance and municipal services shall follow the emergency procurement procedures set forth in section 7-32 of this article. (15) Hire and contract for construction, engineering, architectural, building, electrical, plumbing, and repair of public improvements and/or other professional or construction services essential to continue to work of the city without the advertisement of bids when the delay of advertising and public bidding; might cause serious injury or loss. Such contracts shall not exceed twenty-five thousand dollars ($25,000,00) without prior approval having been given by the director of finance and administrative services and following the emergency procurement procedures set forth in section 7-32 of this article. (16) Make application for local, state, or federal assistance. Page 5 (17) Establish and control routes of transportation, ingress or egress. (18) Control ingress and egress from any designated disaster or emergency area or home, building or structures located therein. (1 9) Utilize primate property as necessary to cope with emergency or disaster conditions, subject to any requirements established by law for compensation and in accordance with section 7-33 of this article. (20) Appropriate and expend hands, exclude contracts, authorize the obtaining and acquisition of property, equipment, services, supplies, and materials without strict compliance with procurement regulations or procedures. (21) Transfer the direction, personnel, or functions of city- departments and agencies for the purpose of performing or facilitating emergency or disaster services. (22) Accept services, gifts, grants, loans, equipment, supplies, and/or materials whether from private, nonprofit, or governmental sources. (23) Terminate or suspend any process, operation, machine, device, or event that is or may negatively impact the health, safety, and welfare of persons or property within the city. (24) Delegate authority to such city officials as the mayor determines reasonably necessary, convenient, or expedient. (25) Require the continuation, termination, disconnection, or suspension of natural gas, electrical power, water, sewer, communication or other public utilities or infrastructure. (26) Close or cancel the use of any municipally owned or operated building or other public facility. (27) Disinfect, abate, demolish, remove or clean imp any building, structure, site, wreckage, or debris. (28) Declare, issue, enforce, modify and terminate orders for quarantine and isolation of persons or animals posing a threat to public health. (29) Exercise such powers and functions in light of the exigencies of emergency or disaster including the waiving of compliance with any time consuming procedures and. formalities, including notices, as may be prescribed by lav,..-'. (30) issue any and all such other orders or undertake such other functions and activities as the mayor reasonably believes is required to protect the health, safety, and welfare of persons or property within the city or otherwise preserve the public peace or abate, clean imp, or mitigate the effects of any emergency or disaster. Page 6 (31) Exercise the full power and authority to provide by proclamation all regulations reasonably necessary to protect the health, security, welfare, safety, peace, life and property of the city and the inhabitants during the time of such crisis. (32) Delegate, to the extent allowed by law, any or all of these powers and duties to the emergency management coordinator. (J3) petition the governor to apply to the federal government :for financial assistance and for aid to local families and individuals adversely affected by the disaster or emergency. Sec. 7-26. Organization.. (a) The mayor is hereby designated as the emergency management director of the City, pursuant to Chapter 418 of the Texas Government Code, as amended. The emergency management director serves as the governor's designated agent in the administration and supervision of the duties outlined in Chapter 418 of the Texas Government Code on. behalf of the City. (b) The emergency management director nzay designate a person to serve as emergency management coordinator who shall serve as an assistant to the emergency management director for emergency management purposes. By this ordinance, the emergency management director designates the City's emergency management coordinator, who may be hired by and shall report to the chief of The Colony hire Department, as the emergency management coordinator referred to in Chapter 418 of the Texas Government Code. (c) The office of emergency management shall be directed by the City's emergency management coordinator, who shall serve as the primary point of contact for emergency- management on behalf of the City. Sec. 7-27. Duties and responsibilities of the emergency management director. (a) The emergency management director shall exercise the powers granted to the governor under Chapter 418 of the Texas Government Code, as amended, on an appropriate local scale. (b) The emergency- management director may declare a state of local disaster if he finds that a disaster has occurred or that the occurrence or threat of disaster is imminent. A state of local disaster may not continue for more than seven (7) days except with the consent of the city- council. The emergency management director or the city council may make application during an emergency to the governor for a proclamation of a state of emergency and designate the area involved, pursuant to Chapter 433 of the Texas Government Code, as amended. (c) The emergency management director may exercise other pourers and have additional duties and responsibilities, as may be necessary, including, but not limited to: Page 7 (1) Issuance of proclamations, regulations or directives necessary for carrying out the purposes of this article. Such proclamations, regulations or directives shall be disseminated promptly to the general public. (2) Ensure all proclamations, regulations or directives related to a local state of disaster or local state of emergency are filed promptly with the city secretary, unless circumstances as a result of the emergency or disaster prevent or impede such prompt filing, whereupon the proclamation, regulation or directive shall be filed as soon as practicable. (3) ether powers, duties or responsibilities as specified in Chapter 418 of the Texas Government Code, city ordinance or resolution, or the emergency management plan, as appropriate. Sec. 7-28.. Duties and responsibilities of the city manager for emergency management. The city manager shall have the following responsibilities for emergency management under this article: (a) Marshal, assign and deploy all necessary personnel, equipment, supplies, and other available City resources, as needed, to aid in the carrying out of the provisions of the emergency management plan, as well as to aid in responding to a disaster or emergency. (b) prepare and distribute to all appropriate City officials and employees a clear and complete statement of the disaster or emergency responsibilities of the departments within the City, including departmental support of the office of emergency management and the emergency operations center. This statement shall include, but is not limited to:: NIMS compliance; a plan for the continuity of government; and a plan for the continuity of operations during the occurrence of a disaster or emergency=. (c) The city manager, or his designee, shall act as the manager of the City's emergency operations center during its activation and operation. See. 7-29. Duties and responsibilities of the office of emergency management. (a) The office of emergency management shall be responsible to the emergency management coordinator in regard to all phases of emergency management activities. (b) The office of emergency management is responsible for planning, coordinating, developing, operating and maintaining a comprehensive emergency management program in. compliance with state and federal law, including all phases of emergency management activities. (c) A current emergency management plan for the City shall be prepared and maintained by the office of emergency management. The emergency management plan will include Page 8 methods of mitigation, preparedness, response, and recovery as required by the State of Texas. The emergency management plan shall describe the City's emergency response organization and assign responsibilities for various emergency tasks. The emergency management plan shall provide a framework for specific City department functions during; a disaster or emergency. The emergency management plan applies to all City, officials, departments, and agencies. (d) The office of emergency management shall coordinate its efforts with county, regional, state and federal emergency management programs. (e) The office of emergency management shall coordinate the recruitment, training and supervision of emergency management volunteer personnel and agencies needed to augment the personnel, facilities and functions of the City for emergency management purposes. Sec. 7-30. Emergency operations center. (a) The office of emergency management is responsible for developing and maintaining the emergency operations center. The emergency operations center shall be equipped and maintained to support the management of disasters and/or emergencies within the City. (b) The office of emergency management shall maintain trained emergency operations center staff members in sufficient numbers who are available in the event of emergency operations center activation. Emergency operations center staff members may be City; employees from any division of the City, or emergency management volunteers who are trained and assigned to the emergency operations center in the event of emergency operations center activation, (c) The office of emergency management will conduct periodic training and exercises to evaluate and practice the functions that will be necessary during a disaster or emergency. (d) The office of emergency management shall maintain a secondary emergency operations center for use in the event the primary emergency operations center is not available.. See. 7-31. Mutual aid agreements. (a) The director may, on behalf of the city, enter into reciprocal aid, mutual aid, joint powers agreements, intergovernmental assistance agreements, or other compacts, plans, or agreements with other governmental entities for the protection of life and property. Such agreements may include the furnishing or exchange of supplies, equipment, facilities, personnel, and/or services and authorize employment by the county and other cities and governmental entities within the county with the director as area coordinator for mutual aid. (b) The city council or any of its committees, boards, commissions, or authorities may exercise such powers and functions in light of the exigencies of the emergency or disaster Page 9 and may waive compliance with time-consuming procedures and formalities prescribed. by law. (c) The director shall recommend for adoption by the city council mutual aid plans and agreements, which are deemed essential for the emergency management plan or program. (d) The director is authorized to join with other city, county, state and federal officials to form joint emergency management plans and programs and in the appointment of a joint emergency management coordinator and to participate in county -wide, regional and state- wide programs of emergency and disaster management and to present any such plans or programs for the approval of the city council. Sec. 7-32. Emergency procurements. (a) Notwithstanding any provision of this Code to the contrary, the mayor, upon declaration of a state of emergency by proclamation as provided in section 7-25 of this article, may authorize the city manager or the city manager's designees to procure by purchase or lease, such goods and services as are deemed necessary for the city's emergency response effort, This emergency procurement of goods or services may be made in the open market without filing a requisition or estimate and without advertisement for immediate delivery or furnishing. A full written account of all emergency procurements made during this emergency, together with a requisition for the required materials, supplies, equipment, or services, shall be submitted to or provided by the city manager within thirty (30) days after their procurement, and shall be open to public inspection for a period of at least one year subsequent to the date of the emergency purchases. The city manager shall, within three months of the conclusion of the emergency, formally communicate these emergency expenditures in a full written account to the city council. (b) All payments or compensation for personal services must be approved by city council unless otherwise authorized by law.. Sec. 7-33. Property taken or commandeered. Any person snaking a claim for property taken, used or commandeered during the emergency or disaster shall follow the procedure set forth and be compensated in accordance with the requirements and restrictions of V'.T.C.A., Governrnent Code Chapter 418 or any successor statute. See. 7-34. Override. At all times when the orders, rules and regulations made and promulgated pursuant to this article shall be in effect, they shall supersede and override all existing ordinances, orders, rules and regulations insofar as the latter may be inconsistent therewith bort only to the extent of any such conflict or inconsistency. Sec. 7-35. Commitment of funds. Page 10 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 except in accordance with the approved city and/or county budgets or as authorized by this article and other applicable law. No person shall 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, safety, welfare., life or property in accordance with sections 7-25 and 7-32 of this article. Sec. 7-36.. Immunity. (a) This article is an exercise by the city of its governmental functions for the protection of the public peace, health, safety, and welfare 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 promulgated pursuant to the provisions of this article, shall be liable for any damages sustained to persons as the result of the activity. Any person owning or controlling real estate or other premises lvho 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 maninade 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. (b) Any officer, employee, or volunteer of the city performing a homeland security activity or other emergency activity under this article shall also be entitled to the protection of the limitations on liability contained in V.T.C.A., Chapters 41.8 and 421 or any successor statute or any other applicable law. Sec. 7-37. Authority for enforcement. The members of the police force of this city and other law cnforcement agencies have Jurisdiction or as otherwise authorized by the mayor, the public health department, the fire department, or such other persons as authorized by the mayor, are hereby authorized and directed. to enforce the orders, rules, and regulations made or issued pursuant to this article. Sec. 7-35. Penalty for violation. (a) Any person violating any of the provisions of the article shall, upon conviction of any provision that governs fire safety„ zoning or public health and sanitation, be fined a sum not exceeding two thousand dollars ($2,000.00) and upon conviction of a violation of any other provision of this article, be fined a sum not exceeding five hundred dollars ($500.00). Page t (b) Any person violating a proclanation of emergency or disaster, a subsequent proclamation exercising emergency or disaster powers, a rule. regulation or order. which rule;. regulation or order issued pursuant to this article, or who violates any order or directive of emergency, services personnel pursuant to this article shall, upon conviction of any proclamation, rule, regulation, order or directive that governs fire safety, zoning or public health and sanitation, be fined a sum not exceeding two thousand dollars ($2,000.00) and upon conviction of a violation of any other proclamation, rule, regulation, order or directive issued under this article, be fined a sura not exceeding five hundred dollars ($500.00). (c) Each and every day that the provisions of or any proclamation, rule, regulation, order or directive issued under this article are violated shall constitute a separate and distinct offense. Spec. 7-39. Civil penalty. Any owner or owner's representative with control over the premises violating any provision of or any proclamation, rule, regulation, order or directive issued under this article upon proof that (1) the defendant was actually notified of the provisions of this article or of any proclamation, rule, regulation, order or directive issued under this article; and (2) after the defendant received notice of the section, proclamation, rule, regulation, order or directive, the person committed acts in violation of same or failed to take action necessary for compliance may be assessed a civil penalty not exceeding one thousand dollars ($1,000.00) a day for violation or a civil penalty not to exceed five thousand dollars ($5,000.00) a day for violations relating to point source effluent limitations or the discharge of a pollutant, other than from a non -point source, into a sewer system, including a sanitary or storm water server system, owned or controlled by the city or assessed a civil penalty as may otherwise be authorized by law. Sec. 7-40. Penalties cumulative.. All penalties in this article are in addition to and cumulative of any other remedies that may be available at law and in equity, including, without limitation, injunctive relief." SECTION 3. If any section, article paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4. That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. gage 12 SECTION 5. Any person, Erni, or corporation violating; any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a separate offense. SECTION 6. This Ordinance shall become effective from and. after its date of passage in accordance with law. PASSED AND APPROVIT BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS r " day of �` rLi 2aK 0 c McCourry, Mayor. AT EST: } Christie Wilson,µ City Secretary ,'..LOVED AS TO Fla N n Jeff Moore,,tity Attorney Page 1