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HomeMy WebLinkAboutO-487-1-840 ORDINANCE NO. 487-1-84 AN ORDINANCE OF THE CITY OF ALLEN, TEXAS, REPEALING ORDINANCE NO. 196 AND ESTABLISHING A PROGRAM OF COMPREHENSIVE EMERGENCY MANAGEMENT WHICH INCLUDES THE MITIGATION, PREPAREDNESS RESPONSE AND RECOVERY PHASES OF CIVIL PREPAREDNESS; ACKNOWLEDGING THE OFFICE OF EMERGENCY MANAGEMENT DIRECTOR; AUTHORIZING THE APPOINTMENT OF AN EMERGENCY MANAGEMENT COORDINATOR; AND PROVIDING THE DUTIES AND RESPONSIBILITIES OF THOSE OFFICES; IDENTIFYING AN OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO COPE WITH ALL PHASES OF EMERGENCY MANAGEMENT WHICH THREATEN LIFE AND PROPERTY IN THE CITY OF ALLEN; AUTHORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN THIS AND OTHER CITIES AND COUNTIES AND FOR RELATED PURPOSES; PROHIBITING UNAUTHORIZED WARNING AND ALL -CLEAR SIGNALS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED ONE THOUSAND DOLLARS ($1,000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Allen 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 plan, and the means for its implementation, for the protection of lives and property in the City of Allen from natural or man -caused disasters or threat thereof is immediately essential; 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 minimum of delay; and, WHEREAS, the City Council finds, therefore, that the preparation, adoption, and implementation of such plans are now imperative; Ordinance No. 487-1-84 - Page 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1. There is hereby acknowledged the office of Emergency Management Director of the City of Allen, which office shall be held by the Mayor in accordance with state law. 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 an Emergency Management Coordinator who may be appointed by and serve at the pleasure of the Director, 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 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 development of an Emergency Management Plan for the City of Allen 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 the implementation of such emergency plan. The powers of the Director shall include the authority to declare a state of disaster, but such action may be subject to confirmation by the City Council at its next meeting. The duties of the Director shall include the causing of a survey of the availability of existing personnel, equipment, supplies and services which could be used during a disaster, as provided for herein, as well as a continuing study of the need for amendments and improvements in the Emergency Management Plan. SECTION 3. The Mayor is hereby authorized to join with the County Judge of Collin County and the mayors of the other cities in said county in the formation of an Emergency Management Council for the County of Collin 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 Ordinance No. 487-1-84 - Page 2 / necessary to participate in a county -wide program of emergency management insofar as said program may affect the City of Allen. SECTION 4. The duties and responsbilities of the Emergency Management Director shall include the following: (a) The direction and control of the actual disaster operations of the Allen Emergency Management Organization as well as the training of emergency management personnel. (b) The determination of all questions of authority and responsibility that may arise within the Emergency Management Organization of the City. (c) The maintenance of necessary liaison with other municipal, county, district, state, regional, federal or other emergency management organizations. (d) The marshaling, after declaration of a disaster 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 Management Plan. (e) The issuance of all necessary proclamations as to the existence of a disaster and the immediate operational effectiveness of the City of Allen Emergency Management Plan. (f) The issuance of reasonable rules, regulations or directives which are necessary for the protection of life and property in the City of Allen. 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 Collin County and with other municipalities within the county for the county -wide coordination of emergency management efforts. Ordinance No. 487-1-84 - Page 3 / (h) The 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 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 Emergency Management Organization of the City of Allen shall consist of the officers and employees of the City so designated by the Director in the Emergency Management Plan, as well as all 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. Such plan shall set forth the form of the organization, establish and designate divisions and functions, assign tasks, duties and powers, and designate offices and employees to carry out the provisions of this Ordinance. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendation of the State Division of Emergency Management 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 warning, 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 construed 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 Ordinance No. 487-1-84 - Page 4 j of Allen, 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 provisions of this Ordinance shall be liable for any damage sustained to persons as a result of said activity. Any person owning or controlling real estate or other premises who voluntarily and without compensation grants to the City of Allen 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 10. 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. SECTION 11. 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. It shall likewise be unlawful for any person to carry, wear or display any emblem, insignia or any other means of identification as a member of the Emergency Management Organization of the City of Allen, unless authority to do so has been granted to such person by the proper officials. Any person who shall violate any of the provisions of this Ordinance or who shall fail to comply with the provisions hereof shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed the sum of One Thousand Dollars ($1,000.00). SECTION 12. Each employee or any individual that is assigned a function or Ordinance No. 487-1-84 - Page 5 responsibility shall solemnly swear or affirm to support and defend the Constitution of the United States, the laws of the State of Texas and the ordinances of the City of Allen. 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. From and after the effective date of this Ordinance, Ordinance No. 196 is hereby repealed, and all other ordinances, parts of ordinances or resolutions in conflict herewith are further hereby expressly repealed. SECTION 15. The immediate passage of this Ordinance is deemed essential to the public health, safety and welfare of the City of Allen, and it shall take immediate effect upon the publication of the caption two (2) times in a weekly newspaper in the City of Allen. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 19th _ DAY OF January , 1984. APPROVED: M. B. Pierson, Mayor ATTEST: Marty Hendrix, C y Secretary APPROVED AS TO FORM: Ordinance No. 487-1-84 - Page 6 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS (COUNTY OF COLLIN C'��`-e S � • t3 w c c� �-S A BEFORE ME, the undersigned authority, on this day personally appeared ,MK-R-.--STEEN , who having been by me duly sworn, on oath deposes and says: JI That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre- quently than once a week, having a general circulation in said county, and having been published regularly and con- tinuously for more than twelve r months( prior to publishing l 1 , � `1 6-, C- U-, L... � `t ZcQ'' — of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on and which was issued on , a 3 1 y , by C=�� d �` -e-y of Collin County, Texas. A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this A day of e�'cJr ��- "� , A.D. 19 - . A 102 , f© Notary Public in and for Collin County, Texas Publisher's Fee $ � � c .� � � 11 Mitigation, 1 Preparedness Response) and Recovery Phases of Civil Preparedness; Acknowledging the Of- fice of Emergency Management Director; Authorizing the Appoint- ment of an Emergency Management Coor- dinator; and Providing the Duties and Respon- sibilities of Those Of- fices; Identifying an Operational Organ iza- tion; Granting Necessary Powers to Cop With All Phases of Emergency Management Which, Threaten Life Property in the City of Allen; Authorizing Cooperative and Mutual Aid Agreements for Relief Work Between This and Other Cities, and Coun- ties and for Related Pur- poses; Prohibiting Unauthorized Warning and All -Clear Signals and Making Violations a Misdemeanor Punishable By .Fine Not to Exceecf`$1000.00. It shall be unlawful for any person willfully to obstruct, hinder, or delay any' , member of -the Emergency Management organization in the en- forcement of any rule ori regulation issued 'pur-! suant to this ordinance, or to do any act forbid- den by any rule or regula-.i tion issued 'pursuant to the authority contained% in this ordinance. It shall likewise be unlawful forl any person to carry, wear or display'any eMblem,l insignia or any other _ means of identification as a member of the _ Pubfic Notices -_ __ Emergency Management CITY OF ALLEN oil organization of the City PUBLIC NOTICE of Allen, unless authority The following or to do so has been dinance was adopted b granted to such person the Allen City Coundil ir by the proper officials. a regular session held or Convictions for viola• Thursday, January 19 tions of the provisions of 1984 (Title and! Penalt)) this ordinance shall be Clause only.) punishable by fine,not to OrdinanceRNot �exceed�,one­ tfiousand' 487.1.84: An Ordinance) dollars ($1,000.00jn ^ ~� Establishing' a Program A copy of this or - of Comprehensive dinance may be purchas- Emergency Management) ed or read in the office of Which Includes the the City Secretary, Allen Municipal Annex, One Butler Circle, between the hours of 8:00 a.m. un- til 5:00 p.m. A.& Marty Hendrix CITY OF ALLEN 6flIb PUBLIC NOTICE r The following or- dinance was adopted -by the Allen City Council in a regular session held on Thursday, January 19, 1984 (Title and-Penalty,- Clause nd-Penalty - Clause only.)„ _ „ . „ . Ordinance No: 487.1.84: An Ordinance Establishing a Program of Comprehensive Emergency Management. Which includes the MIt1gation;IF Preparedness Response and Recovery. Phases of Civil Preparedness; Acknowledging the Of- fice of ' Emeraency_ Management ' Director; Authorizing the+Appoint- . ment of an..Emergency Management , Coor- Idinator; and Providing the Duties and Respon- sibilities of Those Of- fices; Identifying an Operational Organiza- tion; Granting Necessary Powers to Cop With All -Phases of Emetgency Management. Which Threaten Life Property in the City of Alllen; Authorizing Cooperative and Mutual Aid Agreements for Relief Work Between This and Other Cities and 'Coun- ties and for Related Pur- poses; Prohibiting Unauthorized Warning and All -Clear Signals and Making` Violations a i s d e m e a n o r nishable By Fine Not to Exceed $1000.00. It shall be unlawful for any person willfully to obstruct,'hinder, or delay any member of the Emergency Management organization in the en- forcement of any rule or regulation issued pur- suant to this ordinance, or to do any act forbid- den by any rule or regula- tion issued pursuant to ,the authority contained lin this ordinance. It shall iikewis6'15i urilawful for any'persbn to carry, wear or display any„emblem, insignia's or anypother means of; identification as a member of the Emergency Management organization of the City of Allen, unless authority to do so has been w .00%"+r granted'to'such person by the ,proper' officials. Convictions, for viola- tibn's`of the provisions of ' this` ordinance shall be punishable by fine not to exceed one thousand dollars ($1,000.00). A copy. of this, or- dinance may be purchas- ed'or read in the office of the City Secretary, Allen Municipal Annex, ,One Butler Circle, between the hours of 8:00 a.m: un- til 5:00 P.M. Marty Hendrix City Secretary 1(Published in' theAllen; 'American on Monday, P Jan. 23, 1984 and Thurs. qday, Jan. 26, 1984.)