O88-16CITY OF KENNEDALE ORDINANCE NO. 88 -16
AN ORDINANCE ESTABLISHING A PROGRAM INCLUDING MITIGATION,
PREPAREDNESS, RESPONSE AND RECOVERY PHASES OF COMPREHENSIVE
EMERGENCY MANAGEMENT; ACKNOWLEDGING THE OFFICE OF EMERGENCY
MANAGEMENT DIRECTOR; AUTHORIZING THE APPOINTMENT OF AN
EMERGENCY MANAGEP4EENI' COORDINATOR; AND PROVIDING FOR THE
DUTIES AND RESPONSIBILITIES OF THOSE OFFICES; IDENTIFYING
AN OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO
COPY WITH ALL PHASES OF EMERGENCY MANAGEMENT WHICH THREATEN
LIFE AND PROPERTY IN THE CITY OF KENNEDALE; 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 TO EXCEED $1,000.
WHEREAS, the City Council of the City of Kennedale finds that the identifi-
cation 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 popu-
lace 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,
for the protection of lives and property in the City of Kennedale from natural
or man- caused disasters or threat thereof is inmediately 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, and
implementation of such plans are now imperative;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE:
Section 1. ORGANIZATION
There exists the office of Emergency Management Director of the City
of Kennedale, which shall be held by the Mayor in accordance with
state law.
(a) An Emergency 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
Kennedale 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.
Section 2. EMERGENCY 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 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.
(b) Supervision of the development and approval of an emergency manage-
ment plan for the City of Kennedale, and shall recommend 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 procla-
mation 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 Kennedale
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 agree-
ments, 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 the county in which said city is located and with other
municipalities within the county, for the county -wide coordi-
nation of Emergency Management efforts.
(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 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
purposes.
(1) Survey of 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 Texas Disaster Act 1975
(V.T.C.S. Article 6889 -7).
Section 3. EMERGENCY MANAGEMENT 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 State Division of Emergency
Management of the 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.
Section 4. INTERJURISDICTIONAL PROGRAM
The Mayor is hereby authorized to join with the County Judge of the County of
Tarrant and the mayors of the other cities in said county in the formation of
an Emergency 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 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 Kennedale.
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 over-
ride 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 Kennedale, the agents and representatives of said City, not 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 Kennedale 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 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.
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 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.
(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 Kennedale, 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 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.
(d) Convictions for violations of the provisions of this ordinance
shall be punishable by fine not to exceed one thousand dollars
($1,000).
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.
PASSED IN OPEN SESSION OF THE CITY COUNCIL OF THE CITY OF KENNEDALE,
TEXAS, on December 8, 1988.
APPRQYED:
, 3
Mayor
ATTEST:
City Secretary v