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HomeMy WebLinkAboutOrdinance 2771 ORDINANCE NO. 2771 2 4 AN ORDINANCE AMENDING CHAPTER 7 OF THE NORTH RICHLAND HILLS, TEXAS, CODE OF ORDINANCES; ESTABLISHING A COMPREHENSIVE EMERGENCY MANAGEMENT, HOMELAND SECURITY, DOMESTIC PREPAREDNESS PROGRAM, ACKNOWLEDGING THE OFFICE OF EMERGENCY MANAGEMENT DIRECTOR; AUTHORIZING THE APPOINTMENT OF AN EMERGENCY MANAGEMENT COORDINATOR; PROVIDING FOR THE DUTIES AND RESPONSIBILITIES OF THOSE OFFICES; IDENTIFYING AN OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO COPE WITH ALL PHASES OF EMERGENCY MANAGEMENT, AND HOMELAND SECURITY WHICH THREATEN LIFE AND PROPERTY IN THE CITY OF NORTH RICHLAND HILLS; AND AUTHORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN THIS AND OTHER CITIES OR COUNTIES AND FOR RELATED PURPOSES; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABLE CLAUSE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. 6 8 10 12 14 16 18 20 22 WHEREAS, the City Council of the City of North Richland Hills finds that the identification of potential hazards and the prevention or mitigation of their effects must be an ongoing concern of the City if the lives and property of the populace are to be protected; and 24 26 WHEREAS, the City Council hereby declares that the preparation of a Comprehensive Emergency Management Plan, and the means for its implementation for the protection oflives and property in the City of North Richland Hills from natural or man caused disasters or threat thereof is immediately essential; and 28 30 32 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 34 36 WHEREAS, the City Council finds, therefore, that the preparation, and implementation of such plans are now imperative; NOW, THEREFORE, 38 40 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 42 Section 1: THAT Chapter 7 of the North Richland Hills Code of Ordinances is hereby amended to read as follows: 44 "Sec. 7-1. ORGANIZATION 46 Ordinance No. 2771 Page 1 of 6 2 There exists the office of Emergency Management Director of the City of North Richland Hills, which shall be held by the Mayor in accordance with State law. 4 (a) An Emergency Management Coordinator may be appointed by and serve at the pleasure ofthe Director. The Emergency Management Coordinator will be assigned to the Fire Department and will be supervised by the Fire Chief. 6 8 (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; responsibility shall remain with the Director. 10 12 14 (c) The operational Emergency Management organization of the City of North Richland Hills 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 ofthis organization shall be distributed among such officers and employees in accordance with the terms of the Emergency Management Plan. 16 18 Sec. 7-2. Emergency Management Director - Powers and Duties 20 22 The duties and responsibilities of the Emergency Management Director shall include the following: 24 (a) 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 prompt and general publicity and shall be filed promptly with the City Secretary. 26 28 30 (b) 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. 32 34 36 (c) Determination of all questions of authority and responsibility that may arise within the Emergency Management organization of the City. 38 (d) 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. 40 42 (e) Authorizing of agreements, after approval by the City Attorney, for use of private property for public shelter and other purposes. 44 46 (f) Other requirements as specified in the Texas Disaster Act (Chapter 418 of the Government Code). Ordinance No. 2771 Page 2 of 6 2 The following duties shall be delegated by the Emergency Management Director to the Fire Chief and Emergency Management Coordinator: 4 (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. 6 8 (b) Supervision of the development and approval of an Emergency Management Plan for the City of North Richland Hills, and shall recommend for adoption by the City Council all mutual aid arrangements deemed necessary for the implementation of such plan. 10 12 (c) Direction and control of the operations of the North Richland Hills Emergency Management organization as well as the training of Emergency Management personnel. 14 16 (d) Maintenance ofliaison with other municipal, County, District, State, regional or federal Emergency Management organizations. 18 (e) Marshaling of all necessary personnel, equipment, or supplies from any department ofthe City to aid in the carrying out ofthe provisions of the Emergency Management Plan. 20 22 (f) 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 A2- 3 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. 24 26 28 (g) Surveying the availability of existing personnel, equipment, supplies, and services which could be used during a disaster, as provided for herein. 30 Sec. 7-3. Emergency Management Plan 32 34 A comprehensive Emergency Management Plan shall be developed and maintained in a current state. The plan shall set forth the form ofthe organization; establish and designate divisions and functions; assign responsibilities, tasks, duties, and powers; and designate officers and employees to carry out the provisions ofthis ordinance. As provided by State law, the plan shall follow the standards and criteria established by the State Division of Emergency Management ofthe 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 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 a disaster. 36 38 40 42 44 Sec. 7-4. Inter-jurisdictional Program 46 Ordinance No. 2771 Page 3 of 6 6 The Emergency Management Director is hereby authorized to join with the County Judge of Tarrant County and the mayors of the other cities in said County, in the formation of an inter- jurisdictional emergency management program for Tarrant County, and shall have the authority to cooperate in the preparation of an inter-jurisdictional Emergency Management Plan and in the appointment ofajoint 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 North Richland Hills. 2 4 8 Sec. 7-5. Override 10 12 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. 14 Sec. 7-6. Liability 16 18 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 North Richland Hills, 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 the result of said activity. Any person owning or controlling real estate or other premises who voluntarily and without compensation grants to the City of North Richland Hills a license of privilege, or otherwise permits the City to inspect, designate, and use the whole or any part of 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. 20 22 24 26 28 30 32 Ordinance No. 2771 Page 4 of 6 2 Sec. 7-7. 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, City Manager, or the Emergency Management Coordinator, 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, City Manager, or the Emergency Management Coordinator unless during a declared disaster. During a declared disaster, the Mayor, City Manager or the Emergency Management Coordinator may expend and/or commit public funds ofthe City when deemed prudent and necessary for the protection of health, life or property. 4 6 8 10 12 Sec. 7-8. Offenses (a) It shall be unlawful for any person to willfully obstruct, hinder, or delay any member ofthe Emergency Management organization in the enforcement of any rule or regulation issued pursuant to this ordinance. 14 16 (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 ofthe City of North Richland Hills, unless authority to do so has been granted to such person by the proper officials." 18 20 22 Section 2: 24 26 28 Section 3: 30 32 34 36 38 Section 4: 40 42 44 Section 5: 46 Ordinance No. 2771 Page 5 of 6 This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as amended, except when the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event, the conflicting provisions of such ordinances and such Code are hereby repealed. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections ofthis ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. Any person, firm or corporation violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Five Hundred Dollars ($500.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances affecting health 2 and safety which have accrued at the time of the effective date ofthis ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance, but may be prosecuted until final disposition by the courts. 4 6 Section 6: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance as an alternative method of publication provided by law. 8 10 12 Section 7: This ordinance shall be in full force and effect immediately upon passage. 14 AND IT IS SO ORDAINED. 16 PASSED AND APPROVED on this 11th day of March, 2004. 18 28 .' " ''I Iftllllll ,\,';"'\~~ IH..I;:': I;, "',j. ~~.~.!.'f(J~" "II''''''''' .'" .. ~ ~~"'.... .... ~ ~ /n ... ~ "'. T· '. ~ ~:' ,. ~-4l ;~: ~.:. ~,þ_.i j p}~F,i;·R,¡s~~,~~ity Secretary Ifllltl' I t III lIlli" 20 22 By: Oscar Trevino, Mayor 24 26 30 32 34 36 APPROVED AS TO CONTENT: 38 40 awdtOt.rI),~ ()ð,~. Department HearV" () Ordinance No. 2771 Page 6 of 6 INVOICE Star-Telegram 400 W. 7th Street FORT WORTH, TX 76102 (817) 390-7761 Federal Tax ID 22-3148254 Customer ID: Invoice Number: Invoice Date: Terms: CIT13 238879321 03/1512004 Net due in 21 days 03/3112004 Due Date: PO Number: Order Number: 23887932 Sales Rep: 073 Description: ORDINANCE NO.2 Publication Dates:03/13/2004 - 03/15/200 Bill To: CITY OF N RICHLAND HILLS/SECRET PO BOX 820609 NORTH RICHLAND HILLS, TX 76182- Attn: Sales Discount ORDINANCE NO. 2771 An ordinanc LINE ~~. A~8~'¡'~ Texas. Code ot'.:Q'F. dinances; establish- Ing . a comprehensive ~~~{~e~g~e~~d'ai:~ ~~~~~n~~f'e~~~gfa'"~:- acknowledging the office of emergency management director; authonzing the ap- pointment of. .an ~~~fgenc~o~~:P~ ~VI~~"JI r~~~giYi: ties of those offices; identifying an opera- tional orgafllzatlon; 8~:~gtO ~ec:~~ all phases gr emer- ~~~0~:~~8e~nt: rity which threaten ,M; ~~J~~AI~'h,~~a Hilfs: ançl authorizing c9C!PØrative .ndmu- THE STATE OF' ¡~~Ir:II~f~.Q~m~ County of Tarran ~~~no~hb~:~P.80~~ for relat4td purposes; woviding a cUI"(1l!la- Before me, a Not ~ve~~~:gilr~~~'1: d County and State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator for the Star-Teleg ~~g~lg8 : ~~rn~ tar-Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached g~=.tig~?V~~~gpro_,ment was published in the abor¡:¡¡n ed paper ont(Jhe IIste dates: BIDS & LEGAL DEPT. STAR TL.E.. GRAM (817) 390-732( vl~ an effective: ~ ~ A~atePerson. firm orl . c~rporation violating i ift~~~~~roai Signed tJJ; . f¡;' c¡þ'" j SUBSCRIBED A" =. ~Jin~~;3n~~~E ME, THIS Thursday, March 8, 04._.' ,..... ~"i .. ~u~~~~~~~ ß=! '/) , ·-;r ¡J ..' :¿. I j; /' ($500.00). Eaç:h day Notary Public / //,/U¿( /) .I µ/{-t. (./ ~¡II t~Challo"~~~tl~g . , continue shall consti- tute . a separate vlo- ' latlo... and punishable henltJnder. Thank You F P~~~~D 6},'iRis 1"\:; mt ",~m ----- -.. ~~~j~~~~~::~r - - .- ..- .- -- .- - --- .-- -- - _.0. .-- ---- -- - -- - - -. / ia Hutson 'HI1I'I!IorI·~City· DASTO M' AND I.EGAL- Remit To: 13580 80 80 $1.26 $201.40 ($143.80) Net Amount: $57.60 ,- - - -,.., -.. CHRISTY L. HOLLAND MY COMMISSION EXPIRES JULY31,2004 ... o. ~-~-~ S f. / P FORT WORTH, TX Customer ID: Customer Name: Invoice Number: Invoice Amount: CIT13 CITY OF N RICHLAND HILL 238879321 $57.60 , ~ 'CIty 76101-2051 PO Number: Amount Enclosed: