2000M36-EMERGENCY MGTAN ORDINANCE ESTABLISHING A PROGRAM OF COMPREHENSIVE
EMERGENCY MANAGEMENT; ACKNOWLEDGING THE OFFICE OF
EMERGENCY MANAGEMENT DIRECTOR; AUTHORIZING THE
APPOINTMENT OF AN EMERGENCY MANAGEMENT COORDINATOR;
PROVIDING FOR THE DUTIES AND RESPONSIBILITIES OF
THOSE POSITIONS; IDENTIFYING AN OPERATIONAL
ORGANIZATION; GRANTING NECESSARY POWERS TO COPE WITH
ALL PHASES OF EMERGENCY MANAGEMENT WHICH THREATEN
LIFE AND PROPERTY IN THE CITY OF SCHERTZ; AND
AUTHORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR
RELIEF WORK BETWEEN THIS AND OTHER CITIES OR COUNTIES
AND FOR RELATED PURPOSES.
WHEREAS, the City Council of the City of Schertz 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, is essential for the protection of lives and property in the
City of Schertz from natural or man-caused disasters or threat thereof; 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 minimnun of delay; and
WHEREAS, the City Council finds, therefore, that the preparation and
implementation of such plans are now imperative;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ:
Section 1. ORGANIZATION
There exists the office of Emergency Management Director of the City of
Schertz, which shall be held by the Mayor in accordance with state law.
(a) An F~nergency 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
e~nergency 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
Schertz 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.
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Section 2. EMER6~NC~ M~NA~MENT DIRECTOR - POW~-~ AND__ DUTIES
The duties and responsibilities of the Emergency Management Director shall
include the following:
(a) Surveying actual or potential hazards which threaten life and
property within the City and 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 Schertz, and shall recommend for
adoption by the City Council all mutual aid agreements deemed
necessary for the implementation of such plan.
(c) Authority to declare a local state of disaster. The declaration
m~y 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
procl~m'0.ation 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 Schertz
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) Marshaling 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 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.
(j) Supervision of, and final authorization for, the procurement of
all necessary supplies and equipment, including acceptance of
11/22/00 Page 2 of 5
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 Attorney,
for use of private property for public shelter and other
purpo~e~.
(1) SUrveying 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
(Chapter 418 of the Government Code).
Section 3. ,E~ER~CY ~~E~T 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 Division of Emergency
Management of the State of Texas. Insofar as possible, the form of the
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. The emergency management plan shall be considered
supplementary to this ordinance and have the effect of law during time of
disaster.
Section 4. INTERJURI SDICTIONAL PROGRAM
The Mayor is hereby authorized to join with the County Judges of Bexar,
Comal, and/or Guadalupe Counties and the mayors of other cities in those
counties in the formation of an interjurisdictional emergency management
program for those counties, and shall have the authority to cooperate in the
preparation of an interjurisdictional 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 Schertz.
Section 5. OVERRIDE
At all times when the orders, rules, and regulations made and promulgated
pursuant to this ordinance shall remain 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 City of its governmental functions for
the protection of the public peace, health, and safety and neither the City
of Schertz, 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
11/22/00 Page 3 of 5
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 without compensation grants to
the City of Schertz a license of privilege, or otherwise permits the City to
inspect, designate, and use the whole or any 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 the 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 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.
During a declared disaster, the Mayor may expend and/or commit public funds
of the City when deemed prudent and necessary for the protection of health,
life, or property.
Section 8. OFFENSES; PENALTIES
(a) It shall be unlawful for any person to willfully obstruct,
hinder, or delay any member of the emergency management
organization in the enforcement of any rule or regulation issued
pursuant to 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 Schertz, unless authority to do so
has been granted to such person by the proper officials.
(c) Convictions for violations of the provisions of this ordinance
shall be punishable by a fine not to exceed five hundred dollars
($500).
Section 9. SEVERABILITY
If any portion of this ordinance shall, for any reason, be declared invalid,
such invalidity shall not affect the remaining provisions thereof.
Section 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.
Section 11. REPEALER
All ordinances, parts of ordinances, or resolutions in conflict herewith are
expressly repealed.
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READ AND APPROVED on first reading this the
_ ~ _, 2000.
day of
READ AND APPROVED on second reading this the
of , 2000.
day
HAL BALDWIN, Mayor
City of Schertz
ATTEST:
NORMA ALTHOUSE, City Secretary
11/22/00
Page 5 of 5
THE STATE OF TEXAS,
PUBLISHER'S AFFIDAVIT
County of Guadalupe
Before me, the undersigned authority, on this date personally appeared Tommy D.
Crow, known to me, who, being by me duly sworn, on his oath deposes and says that
he is the Publisher of The Seguin Gazette-Enterprise, a newspaper published in said
county; that a copy of the within and foregoing notice was published in said newspaper
1 time before the return day named therein, such publications being on the following
dates: !
December 24, 2000
and a newspaper copy of which is hereto attached.
Sworn to and subscribed before me this
duties and
emergen~
which threaten I~ and~
aahorizing
for re~ef work ~
and for related pu~,
5Ih day of
r~~~;~' day of December, A.D., 2000.
~1~CAROLANNAVERY ~
~r 'k N~ Pubtic Stale of Texas
-~ My Corem ~ 08-31-~4
Notary Public, Guadalupe County, Texas
THE STATE OF TEXAS,
PUBLISHER'S AFFIDAVIT
County of Guadalupe
Before me, the undersigned authority, on this date personally appeared Tommy D.
Crow, known to me, who, being by me duly sworn, on his oath deposes and says that
he is the Publisher of The Seguin Gazette-Enterprise, a newspaper published in said
county; that a copy of the within and foregoing notice was published in said newspaper
1 time before the return day named therein, such publications being on the following
dates:
December 24, 2000
and a newspaper copy of which is hereto attached.
Sworn to and subscribed before me this _~~ay of December, A.D., 2000.
CAROL ANN AVERY ~ ~'
Nolal~ Public Glum ol Texas b1
~ Co~ ~ 08-31-2004 ~
~~~~~~~~~ Notaw Public, Guadalupe County, Texas