HomeMy WebLinkAboutOrdinances (O-88-690)-10/18/1988
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ORDINANCE NO. 0-88-690
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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 RESPONSIBILITIE~ 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 COLLEYVILLE; 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 TO EXCEED
$1,000.00.
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WHEREAS, the City Council of the City of Colleyville 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 colleyville 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
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WHEREAS, the City Council finds, therefore, that the
preparation, and implementation of such plans are now
imperative;
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, AS FOLLOWS:
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Sec. 1 :
ORGANIZATION
The office of Emergency Management Director of the City of
Colleyville is hereby created, and 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;
(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 Colleyville 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.
Sec. 2:
EMERGENCY MANAGEMENT DIRECTOR - POWERS AND DUTIES
The duties and responsibilities of the Emergency
Management Director shall include the following:
(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 occurrence or reduce the impact of
such hazards if a disaster did occur.
(b) Supervision of the development and approval of
an Emergency Management Plan for the City of
Colleyville, and shall recommend for adoption by
the City Council all mutual aid arrangements
deemed necessary for the implementation of such
plan.
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(c) 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
given prompt and general publicity and 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.
(e) Direction and control of the operations of the
City of Colleyville 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) Marshalling 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
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 management efforts.
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(j) Supervision 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, 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 the Texas
Disaster Act of 1975 (V.T.C.S. Article 6889-7).
Sec. 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. 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.
Sec. 4:
INTERJURISDICTIONAL PROGRAM
The Mayor is hereby authorized to join with the County
Judge of the County of Tarrant in the formation of an
Emergency Management Council for the County of Tarrant 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 of Colleyville.
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Sec. 5:
OVERRIDE
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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
orders, rules, and regulations insofar as the latter may
be inconsistent therewith.
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Sec. 6:
LIABILITY.
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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
Co11eyvi11e, 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 premises who
voluntarily and without compensation grants to the City of
Co11eyvi11e a license of privilege, or otherwise permits
the City to inspect, designate and use the whole or any
part of 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.
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Sec. 7:
COMMITMENT OF FUNDS
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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.
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Sec. 8: OFFENSES; PENALTIES
(a) It shall be unlawful for any person willfully to
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 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 Colleyville,
unless authority to do so has been granted to such
person by the proper officials.
(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
one thousand dollars, ($1,000.00)
Sec. 9: SEVERABILITY
If any portion of this ordinance shall, for any reason, be
declared invalid such, invalidity shall not affect the
remaining provisions thereof.
Sec. 10: 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.
Sec. 11: REPEALER
All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
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AND IT IS SO ORDERED.
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The fi~t readin~~d~2iff~caring being conducted on the
~f,day of ~ ' 1988.
The J~~ond reading ~ p~qaic hearing being conducted on the
~ (day of 6.Je~ , 1988.
Thi~~d reading~n~LP~b~ic hearing being conducted on the
_L I day of ~ ' 1988.
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: AT1'EST~ ~
I J!J Johns6n 0
10 City Secretary
CITY OF COLLEYVILLE
~!l, ~j;le~1
J', R. Hu):jb rd
Mayor
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