HomeMy WebLinkAboutOrdinance 0971
ORDINANCE NUMBER 971
AN ORDINANCE CREATING THE OFFICES OF CIVIL PREPAREDNESS DIRECTOR,
AND COORDINATOR, AND PROVIDING THE DUTIES AND RESPONSIBILITIES OF
THOSE OFFICES: CREATING AN OPERATIONAL ORGANIZATION: GRANTING
NECESSARY POWERS TO COPE WITH EMERGENCIES THREATENING LIFE AND
PROPERTY IN THE CITY OF NORTH RICHLAND HILLS, TEXAS: AUTHORIZING
COOPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN THIS
AND OTHER CITIES OR COUNTIES AND FOR RELATED PURPOSES: PROHIBITING
UNAUTHORIZED WARNING AND ALL-CLEAR SIGNALS AND MAKING VIOLATIONS A
MISDEMEANOR PUNISHABLE BY FINE NOT EXCEEDING $200.00.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS:
SECTION 1: There is hereby created the office (function) of Civil Pre-
paredness Director of the City of North Richland Hills, which shall be held by the
Mayor of North Richland Hills in accordance with State law.
(a) An Assistant Civil Preparedness Director may be appointed and
serve at the pleasure of the Director;
(b) A Civil Preparedness Coordinator may be appointed by and serve at
the pleasure of the Director;
(c) The Director shall be responsible 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 Assistant
Director and/or the Coordinator, but ultimate responsibility for
such execution shall remain with the Director.
SECTION 2: The powers and duties of the Director shall include supervision
of the development of a disaster services plan for the City of North Richland Hills,
and the recommendation for adoption by the City Council of any and all mutual aid
plans and agreements which are deemed essential for the implementation of such disaster
services plan. The powers of 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 con-
tinuing study of the need for amendments and improvements in the disaster services
plan.
SECTION 3: The duties and responsibilities of the Civil Preparedness Direc-
tor shall include the following:
(a) The control and direction of the actual operation or training of
the disaster services organization of the City of North Richland
Hills.
(b) The determination of all questions of authority and responsibility
that may arise within the disaster services organization of the
City of North Richland Hills.
(c) The maintenance of necessary liaison with other municipal,
district, State, county, regional, Federal or other disaster
services 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 of North Richland Hills to
aid in the carrying out of the disaster services plan.
(e) The issuance of all necessary proclamations as to the existence
of an emergency and the immediate operational effectiveness of
the disaster services plan.
(f) The issuance of reasonable rules, regulations or directives which
are necessary for the protection of life and property in the City
of North Richland Hills.
(g) The supervision of the drafting and execution of mutual aid agree-
ments, in cooperation with the representatives of State and of
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 disaster services
efforts.
(h) The supervision of and final authorization for the procurement of
all necessary supplies and equipment, including acceptance of private
contributions.
(i) The authorizing of agreements, after approval of the City Attorney,
for the use of private property for public shelter and other purposes.
SECTION 4: The operational disaster services organization of the City of
North Richland Hills shall consist of the officers and employees of the City of North
Richland Hills so designated by the Director in the disaster services plan, as well as
all organized volunteer disaster relief 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 disaster services 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 pro-
visions of this Ordinance. Insofar as possible, the form of organization, titles,
and terminology shall conform to the recommendations of the State Disaster Emergency
Services Council of the State of Texas and of the Federal government.
SECTION 5: 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 6: 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 7: 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.
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SECTION 8: 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, or any
individual, receiver, firm, partnership, corporation, association, or trustee, or 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 or 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 shelter-
ing persons during an emergency or 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 per-
mission or for loss of, or damage to, the property of such person.
SECTION 9: No person shall have the right to expend any public funds of
the City in carrying out any disaster services 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 10: It shall be unlawful for any person willfully to obstruct,
hinder, or delay any member of the disaster services 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 disaster services
organization of the City of North Richland Hills, unless authority so to do has been
granted to such person by the proper officials. Convictions for violations of the
provisions of this Ordinance shall be punishable by fine.
SECTION 11: If any portion of this Ordinance shall, for any reason, be
declared invalid, such invalidity shall not affect the remaining provisions hereof.
SECTION 12: The immediate passage of this Ordinance is deemed essential
to the public health, safety and welfare and it shall take effect immediately upon
passage.
PASSED AND APPROVED THIS
9 th Day o~ Augus t
o£(i';~I/IPl/
¡¿)'Ck 'Þaram - Mayor
, 1982.
n~T:
tØ~~~~tary
APPROVED AS TO FORM AND LEGA ITY:
Rex McEn
""
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LEGAL AFFIDAVIT
THE STATE OF TEXAS:
COUNTY OF Tarrant:
Before me, the undersigned authority on this day personally ap-
peared Carolyn Rutledge known to me to be a credible person, who
first being sworn, deposed and upon her oath said:
Adv.& Bus .Mgr. Mid Cities Daily New~
That she is the of the , a newspa-
per which has been regularly and continuously published and of general
circulation in the City/Town of
Hurst
, for a period of
more than one year next preceding the first publication of the attached
Legal Notice and that he caused said notice to be published in
said newspaper on the following date(s). 8-15-82
That the attached is a true and correct copy of said notice as
published on said date(s) in said Mid Cities Daily News
affi4J (2~ç~
Sworn to and subscribed before me, this the 1st day of Sep~.
19~.
~h,4
Eleanor M.Iewis Notary Public,
Tarrant County, Texas
-ORDINANCE NUM-
BER971
AN ORDINANCE
CREATING THE OF-
FICE OF CIVIL PRE-
PAREDNESS
DIRECTOR, AND
COORDINATOR,
AND . PROVIDING
THE DUTIES AND
RESPONSIBILITIES
OF THOSE OFFICES:
CREATING AN OP-
ERATIONAL OR-
GANIZATION:
GRANTING NECES-
SARY POWERS TO
COPE WITH EMER-
GENCIES THREAT-
ENING LIFE AND
PROPERTY IN THE
CITY OF NORTH
RICHLANP HILLS,
TEXAS: AUTHORIZ-
ING COOPERATIVE
AND MUTUAL AID
AGREEMENTS FOR
RELIEF WORK BE-
TWEEN THIS AND
OTHER CITIES OR
COUNTIES AND
FOR RELATED PUR-
POSES: PROHIBIT-
ING
UNAUTHORIZED
WARNING AND
ALL-CLEAR SIG- .
. NALS AND MAKING
VIOLATIONS A MIS-
DEMEANOR PUN-
ISHABLE BY FINE
NOT EXCEEDING
$200.00. I
Passed and approved
this the 9th day of Au-
gust, 1982.
Dick Faram-Mayor
ATTEST:
Jeanette Moore-City
Secretary
APPROVED AS TO
FORM AND LEGALI-
TY:
Rex McEntire, City At-
tomey . ._~.
MCDNPN11485
PUB: 8/15/82
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