0351
ORDINANCE-N6-.-
AN ORDINANCE ESTABLISHING A PROGRAM INCLUDING MITIGATION,
PREPAREDNESS, RESPONSE AND RECOVERY PHASES OF COMPREHENSIVE
EMERGENCY MANAGEMENT; ACKNOWLEDGING THE OFFICE OF EMERGENCY
MANAGEMENT DIRECTOR; AUTHORIZING THE APPOINTMENT OF AN EMERGENCY
MANAGEMENT COORDINATOR; AND 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 SOUTHLAKE; AUTHORIZING COOPERATIVE AND MUTUAL AID
AGREEMENTS FOR RELIEF WORK BETWEEN THIS AND OTHER CITIES OR
CONTINUES AND FOR RELATED PURPOSES; PROHIBITING UNAUTHORIZED
WARNING AND ALL-CLEAR SIGNALS AND MAKING VIOLATIONS A MISDEMEANOR
PUNISHABLE BY FINE NOT TO EXCEED
Whereas, the City of Southlake 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 of Southlake 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 preconcieved 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;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE:
Section 1. ORGANIZATION
There exist the office of Emergency Management Director of the
City of Southlake, which shall be held by the Mayor in accordance
with state law.
(a) An Emergency Management Coordinator may be appointed by and
serve at the pleasure of the Director;
Attachment 2
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(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 ordinance. He/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 of Southlake 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. 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.
Section 2. EMERGENCY MANAGEMENT DIRECTOR - POWERS AND DUTIES
(A) 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 occurence or reduce the impact of such
hazards if a disaster did occur.
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(b) Supervision of the development and approval of an emergency
management plan for the City of Southlake, and shall
recommend for adoption by the City Council all mutual aid
agreements deemed necessary for the implementation of such
a plan.
(c) Authority to declare a local state of disaster. The
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 filed promptly with the City Secretary.
(d) Issuance of necessary proclamations, regulations or
directives which are necessary for carrying out the purposes
of this ordinance. Such proclamations, regulations, or
directives shall be disseminated promptly by means
calculated to bring its contents to the attention of the
general public and, unless circumstances attendant on the
disaster prevent or impede, promptly filed with the City
Secretary.
Attachment 2
Page 2
(e) Direction and control of the operations of the Southlake
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 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.
(i) Supervision of the drafting and execution of mutual aid
agreements,.in cooperation with the represenatives 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 Management
efforts.
(j) Supervisions 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 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
(V.T.C.S. Article 6889-7).
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 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 ordinance.
Attachment 2
Page 3
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, 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 shall
be considered supplementary to this ordinance and have the effect
of law during the time of a disaster.
Section 4. OVERRIDE
At all times when the 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 5. LIABILITY
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 Southlake, the agents and
represenatives 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
premises who volutarily and without compensation grants to the
City of Southlake 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 premises 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 premises under such license , privilege or other permission
or for loss of, or damage to, the property of such person.
Attachment 2
Page 4
Section 6. 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 commit public
funds of the city when deemed necessary for the protection of
health, life, or property.
Section 7. OFFENSES; PENALTIES
(a) It shall be unlawful for any person willfully to obstruct,
hinder, or delay any memb-er-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 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 Emergency Management
organization of the City of Southlake, unless authority to
do so has been granted to such person by the proper
officials.
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(c) 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) Convictions for violations of the provisions of this
ordinance shall be punishable by fine not to exceed
dollars ) .
Section 8. SEVERABILITY
If any portion of this ordinance shall, for any reason, be
declared invalid such, invalidity shall not affect the remaining
provisions thereof.
Section 9. LIMITATIONS
This ordinance shall not be constructed so as to conflict with
any State or Federal statute or with any military or naval order,
rule, or regulation.
Section 9..REPEALER
All ordinances, parts of ordinances, or resolutions in conflict
herewith are expressly repealed.
Attachment 2
Page 5
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