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HomeMy WebLinkAbout654 01-27-1981ORDINANCE NO. 654 AN ORDINANCE ESTABLISHING A PROGRAM OF COMPREHENSIVE EMERGENCY MANAGEMENT WHICH INCLUDES THE PREVENTION, MITIGATION, RESPONSE AND RECOVERY PHASES OF CIVIL PREPAREDNESS; ACKNOWLEDGING THE OFFICE OF CIVIL PREPAREDNESS DIRECTOR; AUTHORIZING THE APPOINTMENT OF A CIVIL PREPAREDNESS COORDINATOR; AND PROVIDING THE DUTIES AND RESPONSIBILITIES OF THOSE OFFICES; IDENTIFYING AN OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO COPE WITH ALL PHASES OF EMERGENCIES WHICH THREATEN LIFE AND PROPERTY IN THE CITY OF EULESS; 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 MIS- DEMEANOR PUNISHABLE BY FINE NOT TO EXCEED $200.00. WHEREAS, the City Council of the City of Euless finds that the identi- fication 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 plan, and the means for its implementation, for the protection of lives and property in the City of Euless from natural or man - caused disasters or threat thereof is immediately essential; and WHEREAS, the City Council further finds that in times of emergencies 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 WHEREAS, the City Council finds, therefore, that the preparation, adoption, and implementation of such plans are now imperative; BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF EULESS: SECTION I. There exists the office of Civil Preparedness Director of the City of Euless, which shall be held by the Mayor in accordance with State law. (a) A Civil Preparedness Coordinator may be appointed by and serve at the pleasure'of the Director; (b) The Director shall be responsible for conducting a program of comprehensive emergency management within the city and for carrying out the duties and responsiblities set forth in Section 4 of this ordinance. He may delegate authority for execution of these duties to the Coordinator, but ultimate responsibility for such execution shall remain with the Director. SECTION II. The powers and duties of the Director shall include an on -going survey of actual or potential major 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. As part of his responsibility in hazard mitigation, the Director shall supervise the develop- ment of an emergency operations plan for the City of Euless, and shall recom- mend that plan for adoption by the City Council along with any and all mutual aid plans and agreements which are deemed essential for the implementation of such emergency operations plan. The powers of the Director shall include the authority to declare a state of emergency, but such action may be subject to confirmation'by the City Council at its next meeting. The duties of the Director shall also include the causing 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 emergency operations plan. SECTION III. The Mayor is-hereby authorized to join with the County Judge of the County of Tarrant and the mayors of the other cities in said county in the formation of a Disaster Services Council for the County of Tarrant and shall have the authority to cooperate in the preparation of a joint emergency operations plan and in the appointment of a joint Civil Preparedness Coordinator, as well as all powers necessary to participate in a county- wide program of emergency preparedness insofar as said program may affect the City of Euless. SECTION IV. The duties and responsibilities of the Civil Preparedness Director shall include the following: (a) The direction and control of the actual emergency operations of the Euless Civil Preparedness organization as well as the training of Civil Preparedness personnel. (b) The determination of all questions of authority and responsibility that may arise within the Civil Preparedness organization of the City. (c) The maintenance of necessary liaison with other municipal, county, district, State, regional, Federal, or other Civil Preparedness organizations. (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 to did in the carrying out of the provisions of the emergency operations plan. (e) The issuance of all necessary proclamations as to the existance of an emergency and the immediate operational effectiveness of the City of Euless emergency operations plan. Page 2 "(f) The, issuance of reasonable rules, regulations or directives which are necessary for the protection of 1 -ife and property in the City of Euless. Such rules and regulations shall be filed in the office of the City Secretary and shall receive widespread publicity unless publicity would 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 Civil Preparedness efforts. (h) The supervision of, and final authorization for the procurement of all necessary supples and equipment, including acceptance of private con- tributions which may be offered for the purpose of improving Civil Prepared- ness within the City. (i) The authorizing of agreements, after approval by the City Attorney, for use of private property for public shelter and other purposes. SECTION V. The operational Civil Preparedness organization of the City of Euless shall consist of the officers and employees of the City so designated by the Director in the emergency operations plan, as well as all organized volunteer emergency preparedness associations or groups. The functions and duties of this organization shall be distributed among such officers and employees in accordance with the terms of the emergency operations plan. Such plan shall set forth the form of the organization, establish and designate divisions and functions, assign tasks, duties and powers, and designate officers and employees to carry out the provisions of this ordinance. Insofar as possible, the form of the organization, titles, and terminology shall conform to the recommendations of the State Division of'Disaster Emergency Services of the State of Texas and of the Federal Government. SECTION VI. 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. SECTION VII. At all times whbn the orders, rules, and regulations made and promul- gated 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 VIII. 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 IX. 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 Euless, the agents and representatives of said-City, nor any in- dividual, 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 with compensation grants to the City of Euless 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 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 X. No person shall have the right to expend any public funds of,the City in carrying out any Civil Preparedness 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 XI. It shall be unlawful for any person willfully to obstruct, hinder, or delay any member of the Civil Preparedness 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 identi- fication as a member of the Civil Preparedness organization of the City of Euless, unless authority to do so 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 Two Hundred Dollars ($200.00). SECTION XII. Each employee or. any individual that is assigned a function or reponsi- bility shall solemnly swear or affirm to support and defend the Constitution of the United States', laws of the State of Texas and the Ordinances of the City of Euless. SECTION XIII. That is is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdicition, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and Page 4 sections of this ordinance; since the same would have been enacted by the City Council'without the incorporation in this ordinance of any such uncon- stitutional phrase, clause, sentence, paragraph, or section. SECTION XIV. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. SECTION XV. This Ordinance shall be in full force and effect from and after its passage as provided by the Euless City Charter and the laws of the State of Texas PRESENTED AND GIVEN FIRST READING at a regular meeting of Euless City Council on the 13th day of January , 19 81, GIVEN SECOND READING, PASSED AND APPROVED at a regular meeting of the Euless City Council on the 27th day of January , 19 81 by a vote of 4 ayes, 0 nays, and 0 absentions. ATTEST: City Secretary APPROVED • FORM: APPROVED: Page 5