HomeMy WebLinkAboutOrdinance No. 08ORDINANCE c ()
AN ORDINANCE CREATING A MUNICIPAL DISASTER EMERGENCY SERVICES COMMITTEE
AND PROVIDING THE POWERS OF THAT COMMITTEE: CREATING THE OFFICE OF
MUNICIPAL DISASTER DIRECTOR/COORDINATOR AND PROVIDING THE DUTIES AND
RESPONSIBILITIES OF THAT OFFICE: CREATING AN OPERATIONAL ORGANIZATION:
GRANTING NECESSARY POWERS TO COPE WITH EMERGENCIES THREATENING LIFE
AND PROPERTY IN THE CITY OF THE COLONY, TEXAS: AUTHORIZING COOPERATIVE
AND MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN THIS AND OTHER CITIES
OR COUNTIES AND FOR RELATED PURPOSES: PROHIBITING UNAUTHORIZED WARNING
AND ALL -CLEAR SIGNALS AND MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY
FINE NOT EXCEEDING $200.00.
BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF THE COLONY, TEXAS:
Section 1. There is hereby created the Municipal Disaster Emergency
Services Committee of the City of The Colony, Texas, which shall
consist of the following:
(a) The Mayor of the City of The Colony, Texas, who shall serve
as Chairman of the Committee, and who shall also be known as Municipal
Disaster Coordinator of the City of The Colony, Texas.
(b) The Assistant Disaster Coordinator of the City of The Colony,
Texas who shall be charged withthe preparation of a disaster services plan
for the City of The Colony, Texas, together with such other duties as the
Coordinator may prescribe. The Assistant Coordinator shall be appointed
by and hold his position at the pleasure of the Municipal Disaster
Coordinator. The Assistant Coordinator shall serve as Vice -Chairman of
the Municipal Disaster Emergency Services.
(c) The Directors of Divisions and Chiefs of Services of such
Divisions as may be provided for by resolution by the City Council or by
directive of the Municipal Disaster Coordinator.
(d) Representatives not to exceed seven (7) in number from civic,
business, industry, labor, veterans, professional, or other groups, to be
selected and appointed by the Mayor.
Section 2. The powers and duties of the Municipal Disaster Emergency
Services Committee shall include the recommendation for adoption by the
City Council of a disaster services plan for the City of The Colony, Texas,
and the recommendation for adoption by the City Council of any and all
mutual aid plans and agreements which are deemed essential for the
implementation of such disaster services plan. The duties of such
Disaster Emergency Services Committee shall also include the making of a
survey of the availability of existing personnel, equipment, supplies and
services which could be used during an emergency, as provided for herein,
as well as a continuing study of the need for amendments and improvements
in the disaster services plan adopted by the City Council. The Disaster
Emergency Services Committee of the City of The Colony, Texas shall meet
upon the call of either the Chairman or Vice -Chairman.
Section 3. The Mayor of the City of The Colony, Texas is hereby authorized
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 a 8isaster Emergency
Services Council for the County of Denton and shall have the authority to
cooperate in the formation of a disaster services plan for the County
of Denton and in the appointment of a Disaster Director for the County
of Denton, as well as all powers necessary to participate in a county wide
program of disaster services insofar as said program may affect the City
of The Colony, Denton County, Texas.
Section 4. The office of Municipal Disaster Coordinator is hereby created.
The Municipal Disaster Coordinator shall have the authority to request the
declaration of the existence of an emergency by the City Council or by
higher authority. In the event it is deemed necessary to declare the
existance of an emergency without delay, the Coordinator may, if the City
Council is not in session, do so, but such action shall be subject to
confirmation by the City Council at its next meeting.
The duties and responsibilities of the Municipal Disaster Coordinator
shall include the following:
(1) The control and direction of the actual operation or training of
the disaster services organization of the City of The Colony, Texas.
(2) The determination of all questions of authority and responsibility
that may arise within the disaster services organization of the City of
The Colony, Texas.
(3) The maintenance of necessary liason with other municipal, district,
State, County, regional, Federal, or the other disaster services organization.
(4) The marshaling, after declaration of an emergency as provided for
above, of all necessary personnel, equipment or supplies from any department
of the City of The Colony, Texas to aid in the carrying out of the disaster
services plan.
(5) The issuance of all necessary proclamations as to the existence
of an emergency and the immediate operational effectiveness of the disaster
services plan.
(6) The issuance of reasonable rules, regulations or directives which
are necessary for the protection of life and property in the City of The
Colony, Texas, such rules and regulations shall be filed in the office of
the City Clerk and shall receive widespread publicity unless publicity will
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
said city is located and with other municipalities within the county, for
the county-wide coordination of efforts in disaster services.
(8) The supervision of and final authorization for the procurement of
all necessary supplies and equipment, including acceptance of private
contributions.
(9) The authorizing of agreements, after approval of the City
Attorney, for the use of private property for public shelter and other
purposes.
Section 5. The operational disaster services organization of the City of
The Colony, shall consist of the officers and employees of the City of The
Colony, Texas designated by the Municipal Disaster Coordinator as well as
all volunteer municipal workers. The functions and duties of this
organization shall be distributed among such divisions, services and
special staff as the City Council prescribe by resolution or the Municipal
Disaster Coordinator shall provide by directive. Any such resolution
or directive shall set forth the form of organization, establish and
designate divisions and services, assign functions, duties and powers,
and designate officers and employees to carry out the provisions of this
ordinance. Insofar as possible, the form of organization, titles and
terminology shall conform to the recommendations of the State Defense and
Disaster Relief Council of the State of Texas and of the Federal Government.
Section 6. Any unauthorized person who shall operate a siren or other
devise so as to simulate a warning signal, or the termination of a warning,
shall be gutty of a violation of this ordinance and shall be subject to
the penalties imposed by this ordinance.
Section 7. At all times when the orders, rules and regulations made and
promulgated pursuant to this ordinance shall be in effect, that' shall
supersede all existing ordinances, orders, rules and regulations insofar
as the latter may be inconsistent therewith.
Section 8. 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.
Section 9. This ordinance is an exercise by the City of its governmental
functions for the protection of the public peace, health and safety and neither
the City of The Colony, Texas, the agents and representatives of said City,
or any individual, receiver, firm, partnership, corporation, association,
or trustee, or any of the agents thereof, in good faith carrying out,
comlying with or attempting to comply with, any order, rule or regulation
promulgated pursuant to the provision 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 premises who voluntarily
and without compensation grants to the City of The Colony, Texas 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 civily 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.
Section 10. No person shall have the right to expend any public funds of
the City in carrying out any disaster services 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.
Section 11. It shall be unlawful for any person wilfully to obstruct,
hinder, or delay any member of the disaster services 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. 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 disaster services organization
of the City of The Colony, Texas, unless authority so to do has been
granted to such person by the proper officials. Convictions for violations
of the provisions of this ordinance shall be punishable by a fine not to
exceed $200.00.
Section 12. If any portion of this ordinance shall, for any reason, be
declared invalid, such invalidity shall not affect the remaining provisions
hereof.
Section 13. The immediate passage of this ordinance is deemed essential
to the public health, safety and welfare and it shall take immediate
effect.
PASSED AND APPROVED this ( (' day of L" 197 •
i ll
Luis M. Guerrero; Mayor
The Colony,
Denton County,
Texas.
ATTEST:
Cit: Secretary. C
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