Loading...
HomeMy WebLinkAbout487 05-27-1975ORDINANCE NO. 487 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 PRO- VIDING 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 EULESS, TEXAS; AUTHORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN THE CITY OF EULESS, TEXAS AND OTHER CITIES OR COUNTIES AND FOR RELATED PURPOSES; PROHIBITING CERTAIN UNAUTHORIZED ACTS; PROVIDING A PENALTY FOR VIOLATIONS; DECLARING AN EMERGENCY; PROVIDING A SERVERANCE CLAUSE AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Euless desires to establish, by appropriate legislation, a plan of operation to provide for the protection of the lives and property of the citizens of the City of Euless in the event of a natural disaster or other emergency; and WHEREAS, it is the further desire of the City Council of the City of Euless to establish in connection with such emergency disaster plan a method and means of coorginating such program with other cities located within Tarrant County, Texas, and the officials of such county; and WHEREAS, the City Council of the City of Euless is of the opinion that such emergency disaster plan can be best implemented by the establishment of a Municipal Disaster Emergency Services Committee for such City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: I. Section 1.1 There is hereby created the Municipal Disaster Emergency Services Committee of the City of Euless, Texas, which shall consist of the following: a) The Mayor of the City of Euless, who shall serve as Chairman of the Committee, and who shall also be known as Municipal Disaster Coordinator of the City of Euless. b) The Assistant Disaster Coordinator of the City of Euless, who shall be charged with the preparation of a disaster services plan for the City, together with such other duties as the Coordinator may prescribe. The Assis- tant 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 Committee of the City of Euless. 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 nine (9) in number from civic, business, industry, labor, veterans, professional or other groups, to be selected and appointed by the Mayor. Section 1.2 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 Euless, 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 Euless shall meet upon the call of either the Chairman or Vice - Chairman. Section 1.3 The Mayor of the City of Euless is hereby authorized to join with the County Judge of the County of Tarrant and the Mayors of other cities in said county in the formation of a Disaster Emergency Services Council for Tarrant County, Texas, and shall have the authority to cooperate in the formation of a disaster services plan for such County, and in the ap- pointment of a Disaster Director for the County of Tarrant, as well as all other powers necessary to participate in a county -wide program of disaster services insofar as said program may affect the City of Euless. Section 1.4 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 existence 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: a) The control and direction of the actual operation or training of the disaster services organization of the City of Euless. b) The determination of all questions of authority and responsibility that may arise within the disaster services organization of the City of Euless. - 2 - c) The maintenance of necessary liaison with other municipal, district, State, County, regional, Federal or other disaster services organization. d) 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 Euless to aid in the carrying out of the disaster services plan. e) The issuance of all necessary proclamations as to the existence of an emergency and the immediate operational effectiveness of the disaster services plan. f) The issuance of reasonable rules, regulations or directives which are necessary for the protection of life and property in the City of Euless, 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. g) The supervision of the drafting and execution of mutual 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 efforts in disaster service. h) The supervision of and final authorization for the procurement of all necessary supplies and equipment, including acceptance of private con- tributions. i) The authorizing of agreements, after approval of the City Attorney, for the use of private property for public shelter and other purposes. Section 1.5 The operational disaster services organization of the City of Euless, shall consist of the officers and employees of the City of Euless 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 shall 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 1.6 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. - 3 - Section 1.7 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 1.8 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 1.9 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 Euless, 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, 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 com- pensation grants to the City of Euless 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 property of such person. Section 1.10 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 1.11 It shall be unlawful for any person willfully to obstruct, hinder or delay any member of the disaster services organization in the en- forcement 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 Euless, 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 fine not to exceed the sum of $200 for each offense. The fact that the enactment of this Ordinance is necessary to preserve the public business, peace, health, safety and general welfare, creates an urgency and an emergency in the immediate preservation of same, and requires that this Ordinance shall take effect immediately from and after its passage and publication as required by law. - 4 - The provisions of this Ordinance shall be, and they are, declared to be severable, and should any portion thereof be declared to be invalid for any reason by a court of competent jurisdiction, such holding shall not effect the remaining portions hereof. IV. This Ordinance shall become effective from and after its date of enactment. PRESENTED AND GIVEN FIRST READING at a regular meeting of the Euless City Council on the 13th day of May, 1975; GIVEN SECOND READING, PASSED AND APPROVED at a regular meeting of the Euless City Council on the 27th day of May 1975, by a vote of 4 ayes and 0 nays. ATTEST: City Secretary APPROVED AS TO F RM: City Attorney APPROVED: - 5 - w 01