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HomeMy WebLinkAboutOrdinance No. 26ORDINANCE 0026 - AN ORDINANCE CREATING A MUNICIPAL DISASTER EMERGENCY SERVICES COMMIT- TEE 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 ORGANI- ZATION: GRANTING NECESSARY POWERS TO COPE WITH EMERGENCIES THREATENING LIFE AND PROPERTY IN THE CITY OF THE COLONY, TEXAS: AUTHORIZING CO- OPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN THIS AND OTHER CITIES OR COUNTIES AND FOR RELATED PURPOSES: PROHIBITING UNAU- THORIZED WARNING AND ALL -CLEAR SIGNALS AND MAKING VIOLATIONS A MISDE- MEANOR 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 with the 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 Divi- sions as may be provided for by resolution by the City Council or by directive of the Municipal Disaster Coordinator. (d) Representatives not less than seven and not to exceed twelve in number from civic, business, industry, labor, veterans, professional, or other groups, to be selected and appointed by the Mayor. (e) These representatives shall meet monthly at a designated time and shall give quarterly reports to the City Council. 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, ORDINANCE 0026 (Contrd.) 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, equip- ment, 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 Disaster 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, as well as all powers necessary to par- ticipate 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 Co- ordinator 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 respon- sibility 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. -2- ORDINANCE 0026 (Cont'd.) (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 exis- tence 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 procure- ment 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 S. 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 -3- ORDINANCE 0026 (Cont'd.) organization, titles and terminology shall conform to the recommenda- tions 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 guilty 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, they 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 govern- mental 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, part- nership, 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 ordinance shall be liable for any damage sus- tained 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 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 prop- erty 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 -4- ORDINANCE 0026 (Cont'd.) 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 willfully to obstruct, hinder, or delay any member of the disaster services organization in the enforcement of any rule or regulation issued pursuant to this ordi- nance, 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 of not less than $1.00 nor more than $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 essen- tial to the public health, safety and welfare and it shall take immediate effect. Section 14. This ordinance repeals ordinance number eight. PASSED AND APPROVED this 117 day of 97",A-17 7 IL 4ATTES Cit Secretary -5- Linda A. Adams Mayor Pro Tem