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ORD 1987-07 Emergency Management TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 0 87-07 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS ESTABLISHING A PROGRAM INCLUDING MITIGATION, PREPAREDNESS, RESPONSE AND RECOVERY PHASES OF COMPREHENSIVE EMERGENCY MANAGEMENT; ESTABLISHING THE OFFICE OF EMERGENCY MANAGEMENT DIRECTOR; AUTHORIZING THE APPOINTMENT OF AN EMERGENCY MANAGEMENT COORDINATOR; IDENTIFYING AN OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO COPE WITH ALL PHASES OF EMERGENCY MANAGEMENT WHICH THREATEN LIFE AND PROPERTY IN THE TOWN OF TROPHY CLUB; 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; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town") finds that the identification of potential hazards and the prevention or mitigation of their effects must be an on-going concern of the Town if the lives and property of the populace are to be protected; and WHEREAS, the Town 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 Town of Trophy Club from natural or man-caused disasters or threat thereof is immediately essential; and WHEREAS, the Town Council further finds that in times of disaster which may imperil the safety of the inhabitants of the Town, 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 Town Council finds, therefore, that the preparation, and implementation of such plans are now imperative and are in the best interests of the health, safety and welfare of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. ORGANIZATION That there is hereby created and established the office of Emergency Management Director (the "Director") of the Town of Trophy Club, which office shall be held by the Mayor. (a) An Emergency Management Coordinator (the "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 Town and for carrying out the duties and responsibilities set forth in this ordinance. The Director 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 Town of Trophy Club shall consist of the officers and employees of the Town 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 In addition to those duties outlined in Section 1 of this ordinance, 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 Town 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 Town of Trophy Club, and shall recommend for adoption by the Town Council all mutual aid arrangements deemed necessary for the implementation of such 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 Town 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 Town 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 006 9j -2- of the general public and, unless circumstances attendant on the disaster prevent or impede, promptly filed with the Town Secretary. (e) Direction and control of the operations of the Town 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 Town. (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 Town 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 or counties in which the Town is located and with other municipalities within the counties, for the county-wide coordination of emergency management efforts. (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 Town. (k) Authorizing agreements, after approval by the Town 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 of 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. 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 006 9J -3- 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 made a part hereof and have the effect of law during the time of a disaster. Section 4. INTERJURISDICTIONAL PROGRAM The Mayor is hereby authorized to join with the County Judges of the County of Denton and the County of Tarrant and the mayors of the other cities in said counties in the formation of an Emergency Management Council for the County of Denton and 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 Town of Trophy Club. Section 5. 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 6. LIABILITY This ordinance is an exercise by the Town of its governmental functions for the protection of the public peace, health, and safety of the citizens of the Town and neither the Town of Trophy Club, the agents and representatives of said Town, 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 Town of Trophy Club a license of privilege, or otherwise permits the Town 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. Section 7. COMMITMENT OF FUNDS No person shall have the right to expend any public funds of the Town in carrying out any emergency management activity authorized by this ordinance without prior approval by the Town Council, nor shall any person have any right to bind the Town by contract, agreement or otherwise without prior and specific approval of the Town Council unless during a declared disaster. During a declared disaster, the Mayor may expend and/or commit public funds of the Town when deemed prudent and necessary for the protection of health, life, or property. 00691 -4- • Section 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 Town of Trophy Club, 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. Section 9. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 10. LIMITATION 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 11. PENALTY Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in a sum not to exceed One Thousand Dollars ($1,000.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 12. REPEALER All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. Section 13. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law and it is accordingly so ordained. 0069i -5- PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the'23 day of March , 1987. r, Town of Trophy Club, Texas ATTEST:, Town c taryown of rophy Club, Texas [SEAL] APPROVED AS TO FORM: Town ttorney, Town of Trophy Club, Texas 0069j -6-