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82-M-20 EMERGENCY MGMT ORD I NANCE NO. 8~ - #I - :JLJ AN ORDINANCE 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 PRE- PAREDNESS DIRECTOR; AUTHORIZING THE APPOINTMENT OF A CIVIL PREPAREDNESS COORDINATOR; AND PROVIDING THE DUTIES AND RESPONSIBILITIES OF THOSE OFFICES; IDENTI- FYING AN OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO COPE WITH ALL PHASES OF EMERGENCIES WHICH THREATEN LIFE AND PROPERTY IN THE CITY OF SCHERTZ; AUTHORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN THIS AND OTHER CITIES OR COUNTIES AND FOR RELATED PURPOSES; PROHIBITING UN- AUTHORIZED WARNING AND ALL-CLEAR SIGNALS; REPEALING ALL ORDINANCES IN CONFLICT AND MAKING VIOLATION A MISDEMEANOR PUNISHABLE BY FINE NOT TO EXCEED $200.00. WHEREAS, The City Council of the City of Schertz finds that the identification of potential hazards and the prevention or mitiga- tion 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 Schertz 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 de 1 ay ; an d WHEREAS, the City Council finds, therefore, that the prepara- tion, adoption, and implementation of such plans are now imperative; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. There exists the office of Civil Preparedness Director of the City of Schertz, 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 responsibilities 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 2. The powers and duties of the Director shall include an on-going survey of actural or potential major hazards which threaten life and proPerty within the city; and an on-going program identifying and requiring or re- commending the implementation of measures which would tend to prevent the occurence 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 development of an emergency operations plan for the- City of Schertz, and shall recommend that plan for adoption by the City Council along with any and all mutual aid plans and agreements which are deemed essential for ttle-implementjlUOri .of:such emergency operations plan. The powers ~f 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 3. The Mayor is hereby authorized to join with the County Judge of the Counties of Bexar, Comal and Guadalupe and the mayors of the other cities in said counties in the formation of a Disaster Services Council for the Counties of Bexar, Comal and Guadalupe and shall have the authority to cooperate in the preparation of a joint emergency oper- ations plan and in the appointment of a joint Civil Pre- paredness Coordinator, as well as all powers necessary to participate in a county-wide program of emergency prepared- ness insofar as said program may affect the City of Schertz. Section 4. The duties and responsibilities of the Civil Preparedness Director sball include the following: A. The direction and control of the actual emergency operations of the Schertz Civil Preparedness organiza- tion 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 Prepared- ness 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 aid in the carrying out of the provisions of the emergency operations plan. E. The issuance of all necessary proclamations as to the exist- ence of an emergency and the immediate operational effective- ness of the City of Schertz emergency operations plan. F. The issuance of reasonable rules, regulations or directives which are necessary for the protection of life and property in the City of Schertz. 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 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 counties inilwhich 9.aid city is located and with other municipalities within these counties, for the county-wide coordination of Civil Preparedness efforts. H. The supervision of, and final authorization for the procure- ment of all necessary supplies and equipment, including acceptance of private contributions which may be offered for the purpose of improving Civil Preparedness 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 5. The operational Civil Preparedness organization of the City of Schertz 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. In- sofar as possible, the form of 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 6. Any unauthorized person who shall operate a siren or other device so as to simulate a warning signal, or the termination of a warn- ing, shall be deemed gUilty of a violation of this ordinance and shall be subject to the penalties imposed by this ordinance. Section 7. 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 8. 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. 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 Schertz, the agents and repre- sentatives 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 voulntarily and without compensation grants to the City of Schertz a license of privilege, or other- wise 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 10. 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 11. 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 identification as a member of the Civil Preparedness organization of the City of Schertz, 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 12. Each employee or any individual that is assigned a function or responsibility 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 Schertz. Section 13. If any portion of this ordinance shall, for any reason, be declared invalid, such invalidity shall not affect the remaining provisions thereof. Section 14. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. PASSED AND APPROVED on first reading this the ~ /t:; day of 1J~ , 19~J- . PASSED, APPROVED AND ADOPTED on second reading this the day of b~ , 19<6'?- . 7c1: ATTEST: ~ City of Schertz, (CITY SEAL)