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HomeMy WebLinkAboutOrdinance No. 349 CITY OF THE COLONY, TEXAS ORDINANCE NO. ~(~D~ AN ORDINANCE ESTABLISHING A PROGRAM INCLUDING MITI- GATION, PREPAREDNESS, RESPONSE AND RECOVERY PHASES OF COMPREHENSIVE EMERGENCY MANAGEMENT OF THE CITY OF THE COLONY, TEXAS; ACKNOWLEDGING THE OFFICE OF EMERGENCY MANAGEMENT DIRECTOR; AUTHORIZING THE APPOINTMENT OF AN EMERGENCY MANAGEMENT COORDI- NATOR; PROVIDING FOR THE DUTIES AND RESPONSIBILITIES OF THOSE OFFICES; IDENTIFYING AN OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO COPE WITH ALL PHASES OF EMERGENCY MANAGEMENT WHICH THREATEN LIFE AND PROPERTY IN THE CITY OF THE COLONY; AUTHORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN THIS AND OTHER CITIES OR COUNTIES AND FOR RELATED PURPOSES; PROVIDING AN EXEMPTION FROM LIABILITY; PROVIDING FOR THE EXPENDITURE OF PUBLIC FUNDS FOR EMERGENCY MANAGEMENT PURPOSES; REPEALING ORDINANCE NUMBER 8 OF THE CITY OF THE COLONY; DESIGNATING CERTAIN SPECIFIC OFFENSES; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. 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 imple- mentation, for the protection of lives and property in the City of The Colony 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 finds, therefore, that the preparation, and implementation of such plans are now imperative. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. Organization. There exists the office of Emergency Management Director (the "Director") of the City of The Colony, Texas, (the "City") which shall be held by the Mayor in accordance with state law. (a) An Emergency Management Coordinator (the "Coordinator") may be appointed by and serve at the pleasure of the Director; (b) The Director shal! be responsible for a program of comprehensive emergency management within the city and for carrying out the duties and responsibilities set forth in this ordinance. He 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, as well as organized volunteer groups recognized as such by the City Council. The functions and duties of this organization shah be distributed among such officers and employees in accordance with the terms of the Emergency Management Plan. SECTION 2. Emergency Management Director - Powers and Duties. The duties and responsibilities of the Emergency Management Director shah include the following: (a) To conduct an on-going survey of actual or potential hazards which threaten life and property within the City and an on-going 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 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 arrangements deemed necessary for the implementation of such piano (c) Authority to declare a local state of disaster. Such declaration may not be continued or renewed for a period in excess of 7 days except by or with the consent of the City Council. 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 in accordance with subsection (h) of this Section. (d) Direction and control of the operations of the City's Emergency Management organization as well as the training of Emergency Management personnel. (e) Determination of all questions of authority and responsibility that may arise within the Emergency Management organization of the City. (f) Maintaining a liaison with other municipal, county, district, state, regional or federal Emergency Management organizations. (g) 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. (h) Issuance of necessary proclamations, regulations or directives which are necessary for the protection of life and property in the City. Such proclamations, rules, regulations, or directives shall be posted at City Hall and at ]east five (5) other locations within the City and shall receive widespread publicity unless such posting and publicity would be of aid and comfort to the enemy. (i) Supervision of the drafting and execution of mutua! aid agree- ments, 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 said city is located and with other municipalities within the county, for the county-wide coordination of Emergency Manage- ment efforts. Such agreements may be executed by the Director only with the prior consent of the City Council. (j) Supervision of and final authorization for the procurement of ali necessary supplies and equipment, including acceptance of private contributions which may be offered for the purpose of improving Emergency Management within the City. Such private con- tributions shall be accepted by resolution of the City Council. -2- (k) Authorizing of agreements, after approval by the City Council and the review and recommendation of the City Attorney, for use of private property for public shelter and other purposes. (1) Survey of the availability of existing personnel, equipment, supplies and services which could be used during a disaster, as provided for herein. (m) Other requirements as specified in Texas Disaster Act 1975, Tex. Rev. Civ. Stat. Ann. art 6889-7 (Vernon 1985). SECTION 3. Emergency Management Plan. A comprehensive Emergency Management Plan shall be developed and maintained in a current state. The plan shall set forth the form of the Emergency Management organization, establish and designate divisions and functions, assign responsibility, tasks, duties, and powers, and designate officers and employees to carry out the provisions of this ordinance. As provided by state law, the plan shall follow the standards and criteria established by the State Division of Emergency Management of the State of Texas. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the State Division of Emergency Management. When approved by the City Council, it shall be the duty of all departments and agencies of the City 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 ordinance and shall have the effect of law during the time a disaster emergency proclamation is in effect. SECTION 4. Interjurisdictional Program. The Mayor is hereby authorized and empowered to join with the County Judge of the County of Denton and the mayors of the other cities in said county in the formation of an Emergency Management Council for the County of Denton 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 said program may affect the City. SECTION 5. Override. At all times when the declarations, orders, rules, and regulations made and promulgated pursuant to this ordinance shall be in effect, they shall supersede and override all existing ordinances, orders, rules, and regulations insofar as the latter may be inconsistent therewith. SECTION 6. ~. This ordinance is an exercise by the City of its governmental functions for the protection of the public peace, health, safety and welfare of the citizens of the City 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 ordinance shall be liable for any damage sustained to persons as the result of said activity. Any person owning or controlling real estate or other property who voluntarily and without compensation grants to the City a license of privilege, or otherwise permits the City to inspect, designate and use the whole or any part or parts of such real estate or property 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 property under such license, privilege or other permission or for loss of, or damage to, the property of such person. SECTION 7. 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 ordinance 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 -3- commit public funds of the City when deemed necessary for the protection of health, life, and property. SECTION 8. This ordinance shall ~epeal Ordinance Number 8 of the City of The Colony, Texas. All other ordinances, parts of ordianees or resolutions of the City in conflict herewith are expressly repealed. SECTION 9. Offenses; Penalties. (a) It shall be unlawful for any person to willfully obstruct, hinder, or delay any member of the Emergency Management organization in the enforcement of any rule or regulation issued pursuant to this ordinance, or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this ordinance. (b) It shall 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. (e) 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 ordinance and shall be subject to the penalties imposed by this ordinance. (d) Any person violating any of the provision of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shalt be fined in a sum not to exceed Two Hundred Dollars ($200.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 10. Severability. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance or application thereto any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction such holding shall not effect 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 11. Limitations. This ordinance shall not be construed so as to conflict with any State or Federal statute or with any military or naval order, rule, or regulation. PASSED AND APPROVED this I~ day of q~u.-~ _ 1985. I.J Mayor/Cit ATT/~: //~ City Seere tarYD/ [SEAL] APPROVED AS TO FORM: City Attorney -4-