HomeMy WebLinkAboutORD 1986-074 ORDINANCE NO. 86-74
AN ORDINANCE ESTABLISHING A PROGRAM INCLUDING MITIGATION,
PREPAFtEDNESS, RESPONSE AND RECOVERY PHASFS OF COMPREHII�TSIVE
� IIKERGENCY MANAGENIQ�JT; ACKNOWLEDC'-,E THE OFFIC� OF IIKERC�ICY
MI�NAGII�N`r DIRDCTOR; AUI'FiORIZING Tf� APPOINTMENT OF AN
EMERGE[vCY MANAGEMIIVT COORDINATOR; AND PROVIDING FOR THE
DUTIFS AND RESPONSIBILITIFS OF THOSE OFFICES; IDIIQTIFYING AN
OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO COPE
Lv�ITH ALL PHASFS OF IIKERGEE[�11CY MANAGIIKIIV'I' WHICEi 'I'HREATE�1 LIFE
AND PROPERTY IN THE CITY OF GRAPEVINE; AUTHORIZING
COOPERATIVE AND MIJTUAL AID AGREII�ITS FOR RELIEF WORK BETWEEN
THIS AND 0'I'fiER CITIES OR COUNTIES AND FOR REI�TED PURPOSES;
PROHIBITING UNAUTI-30RIZID G�IRNING AND ALL-CI�2 SIC�VALS AND
MAKING VIOLATIONS A MISDENI�',ANOR PUNISHABLE BY FINE NOT TO
EXCEID $1,000.00 AND DECLARING AN EMF'iRGENCY
WI�REAS, the City Council of the City of Grapevine 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 F�nergency plan, and the means for its implementation, for the
protection of lives and property in the City of Grapevine from natural or
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man-caused disaster or threat thereof is i�tediately essential; and
WHEREAS, the City Council further finds that in times of disaster
�� 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 preparation with a minim�n of delay; and
WI-iERE�S, the City Council finds, therefore, that the preparation,
and implementation of such plans are imperative.
NOW, THEFZEF'ORE, BE IT ORDAINID BY Tf� CITY COUNCIL OF Tf� CITY OF
C'�RAPEVIAiE:
SECI'ION 1. ORGANIZATION
There �ists the office of Ilnergency Management Director for the City of
Grapevine, which shall be held by the Mayor in accordance with state law.
(a) Pn E�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
emergency 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 Grapevine 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. gnergency Management Director - Powers and Duties
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 city and an on-going
program of identifying and requiring or reco�nending the
implementation of ineasures which �uld tend to prevent the
occurrence or reduce the impact of such hazards if a disaster
did occur.
(b) Supervision of the develo�snent and approval of an emergency
management plan for the City of Grapevine, and shall recoi�nexid
for adoption by the City 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 City
�. � Council. Any order or proclamation declaring, continuing, or
terminating a local state of disaster shall be given prcxnpt and
general publicity and shall be filed prcxnptly with the City
'�'^"' Secretary.
(d) Issuance of necessary proclamations, regulations or
directives which are necessary for carrying out the purposes of
this ordinance. Such proclamation, regulations, or directives
shall be disseminated promptly by means calculated to bring its
contents to the attention of the general public and, unless
circtunstances attendant on the disaster prevent or impede,
promptly filed. with the City Secretary.
(e) Direction and control of the operations of the Grapevine
gnergency Management organization as well as the training of
E�nergency Management personnel.
(t) Determination of all questions of authority and responsi.bility
that may arise within the F�nergency Management organization of
the City.
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(g) Maintenance of liaison with other municipal, county, district,
state, regional, or federal, E�nergency Management
organizations.
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(h) Marshall irig of all necessary personnel, equi�anent or supplies
� from any department of the City to aid in carrying out the
v��. provisions of the emergency plan.
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(i) Supervisions of the drafting and execution of mutal aid
� agre�nts, �n cooperation with the representatives of the
i state and or other local political subdivisions of the state,
i 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.
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� (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 purposes of
improving E�iergency Management within the City.
{k) Authorizing of agreements, after approval by the City Attorney,
� for use ot private property for public shelter and other
purposes.
� (1) Survey of the availability of existing personnel, equi�nent,
supplies and services which could be used during a disaster, as
' provided for herein.
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(m) Other requisements as specified in Texas Disaster Act 1975
�:�d (V.T.C.S. Article 6889-7) .
SECTION 3. Emergency Management Plan
A comprehensive E�nergency Management Plan shall be developed and
maintained in a current state. The plan shall set forth the fozm 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
IInergency Management of the State of Texas. Insofar as possible,
the fonn of organization, titles and terminology shall conform to
the recommendations of the State Division of IInergency Management.
When approved, it shall be the duty of all departrt�nts 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 the time of the
disaster.
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SECTION 4. Interjurisdictional Program
The Mayor is hereby authorized to join with the County :Tudge of the
County of Tarrant and the mayors of the other cities in said county
in the formation of an F�nnergency Management Council for the County
of Tarrant and shall have the authority to cooperate in the
�� preparation of a joint emergency management plan and in all powers
necessary to participate in a county-wide program of emergency
management insofar as said program may affect the City of Grapevine.
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.
SECI'ION 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 Grapevine, the agents and representatives of
said City, nor any individual receiver, finn, partnership,
corporation, association, or trustee, nor any of the agents thereof,
in good faith carrying out, ccxnplying with or attempting to comply
with, any order, rule, or regulation prcxnulgated 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 compe.nsation grants to the City of Grapevine a license
�` of privilege, or othezwise permits the City to inspect, designate
and use the whole or any gart 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, tcgether 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 pezm.ission or for loss of, or damage to, the property of such
person.
SECI'ION 7. Corrani.tment of Funds
No person shall have the right to expend any public funds of the
City in carrying out any E�lnergency Management activity authorized by
this ordinance without prior approval by the City Council, nor shall
any perscn have any right to bind the City by contract, agreement or
othezwise without prior and specific approval of the City Council
unless during a declared disaster. During a declared disaster, the
Mayor may expend and/or c�it public funds of the city when deemed
prudent and necessary for the protection of health, life, or
property.
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SECTION 8. Offenses; Penalties
�� (a) It shall be unlawful for any person willfully to obstruct,
hinder, or delay any meml�er of the IInergency 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 Etnergency Management
organization of the City of Grapevine, 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 tezmination
of a warning, shall be deemed guilty of a violation of this
ordinance and shall be subject to the penalties imposed by this
ordinance.
(d) Conviction for violations of the provisions of this ordinance
shall be punishable by fine not to exceed one thousand dollars
($1,000.00) per day.
SECI'ION 9. Severability
,�4-« If any portion of this ordinance shall, for any reason, be declared
invalid such, invalidity shall not effect the remaining provisions
thereof.
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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
Al1 ordinances, parts of ordinances, or resolutions in conflict
herewith are expressly repealed.
SECI'ION 12. Emergency
The fact that the present ordinances and regulations of the City of
Grapevine, Texas, are inadequate to properly safeguard the health,
safety, morals, peace, and general welfare of the public creates an
2.ITlergency which requires that this ordinance become effective from
and after the clate of its passage, and it is accordingly so
ordained.
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PASSID AND APPROVID BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 2nd day of Dec�snber� 1986.
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APPRWID:
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L
Mayor
ATTEST:
City Secretary
APPRC7VID AS TO FORM:
C...�
City Attorney
�,.: ;
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