COUNCIL COMMUNICATION
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DATE: 06/03/02 |
SUBJECT: FINAL READING OF ORDINANCE NO.
2002-O-113 AMMENDING
CHAPTER 11.5 EMERGENCY MANAGEMENT OF THE CODE OF ORDINANCE. THIS AMMENDMENT INCLUDES ONLY THE CITY OF
LAREDO’S RESPONSE TO EMERGENCY SITUATIONS AND OMITS WEBB COUNTY’S MUTUAL
RESPONSIBILITY. WEBB COUNTY WILL BE
AMENDING THEIR EMERGENCY MANAGEMENT PLAN ACCORDINGLY. THE STATE OF TEXAS, DIVISION OF EMERGENCY
MANAGEMENT REQUIRES THAT ALL EMERGENCY MANAGEMENT PLANS BE UPDATED
PERIODICALLY; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR
SEVERABILITY, PUBLICATION, AND EFFECTIVE DATE. |
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INITIATED BY: Larry Dovalina, City
Manager |
STAFF SOURCE: Luis F. Sosa, Jr., Fire
Chief |
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PREVIOUS COUNCIL ACTION: Public
Hearing and Introduction of Ordinance held May 20, 2002. |
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BACKGROUND: The City of Laredo finds
that the identification of potential hazards and the potential hazards and
the prevention or mitigation of their effects must be an ongoing concern of
the City of Laredo if the lives and the property of the populace are to be
protected. Therefore, the need to
implement a disaster plan is very evident. |
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FINANCIAL IMPACT: No impact. |
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COMMITTEE
RECOMMENDATION: |
STAFF RECOMMENDATION: Final
Reading and Approval of Ordinance No. 2002-O-113. |
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ORDINANCE
NO. 2002-O-113
AMENDING Chapter 11.5 EMERGENCY MANAGEMENT OF THE CODE OF
ORDINANCE. THIS AMENDMENT INCLUDES ONLY
THE CITY OF LAREDO’S RESPONSE TO EMERGENCY SITUATIONS AND OMITS WEBB COUNTY’S
MUTUAL RESPONSIBILITY. wEBB COUNTY WILL
BE AMENDING THEIR EMERGENCY MANAGEMENT PLAN ACCORDINGLY. THE sTATE OF tEXAS, DIVISION OF EMERGENCY
MANAGEMENT REQUIRES THAT ALL EMERGENCY MANAGEMENT PLANS BE UPDATED
PERIODICALLY; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY,
PUBLICATION, AND EFFECTIVE DATE.
WHEREAS, the City Council of the
City of Laredo finds that the identification of potential hazards and the
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
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 Laredo 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
delay; and
WHEREAS, the City Council finds,
therefore, that the preparation, and implementation of such plans are now
imperative,
NOW
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO, TEXAS:
SECTION 1: AMENDMENT
AMENDING
Chapter 11.5 EMERGENCY MANAGEMENT OF THE CODE OF ORDINANCES; REPEALING ALL
CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY, PUBLICATION, AND EFFECTIVE
DATE; AND WHICH SHALL READ AS FOLLOWS:
Chapter 11.5 EMERGENCY MANAGEMENT
Article I. In General
Sec. 11.5-1. Emergency management council and plan.
Sec. 11.5-2. Operational emergency management
organization.
Sec. 11.5-3. Emergency management coordinator.
Sec. 11.5-4. Conflict with ordinances, rules, etc.
Sec. 11.5-5. Construction with state and federal
laws, military rules.
Sec. 11.5-6. City and owners of property used not
liable for acts under chapter.
Sec. 11.5-7. Expenditures, contracts restricted.
Sec. 11.5-8. Violations; penalty.
Secs. 11.5-9‑‑11.5-20. Reserved.
Article II. Emergency
Management Coordinator
Sec. 11.5-21. State of emergency.
Sec. 11.5-22. Duties‑‑Generally.
Sec. 11.5-23. Same‑‑Specific duties.
ARTICLE I. IN GENERAL
Sec. 11.5-1. Emergency
management council and plan.
The
mayor is hereby authorized to join with the county judge and leaders of other
communities in the county in the formation of an emergency management council
and shall have the authority to cooperate in the formation of an emergency
management plan for the county and in the appointment of an emergency
management coordinator for the county, as well as all other powers necessary to
participate in a county-wide program of emergency management services insofar as
such program may affect the city.
Sec. 11.5-2. Operational
emergency management organization.
The
operational disaster services organization of the city shall consist of the
officers and employees of the city so designated by the city manager, 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 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
officers and employees to carry out the provisions of this chapter. Insofar as
possible, the form of organization, titles and terminology shall conform to the
recommendations of the state disaster emergency services council and the
federal government.
Sec. 11.5-3. Emergency
management coordinator.
An
emergency management coordinator may be appointed by and serve at the pleasure of
the city manager.
Sec. 11.5-4. Conflict with
ordinances, rules, etc.
At
all times when the orders, rules and regulations made and promulgated pursuant
to this chapter shall be in effect, they shall supersede and override all
existing ordinances, orders, rules, and regulations insofar as the latter may
be inconsistent therewith.
Sec. 11.5-5. Construction
with state and federal laws, military rules.
This
chapter shall be so construed as to harmonize with any state or federal laws
pertaining to the same subject matter.
Sec. 11.5-6. City and
owners of property used not liable for acts under chapter.
This
chapter is an exercise by the city of its governmental functions for the
protection of the public peace, health and safety; and neither the city, the
agents and representatives of the city, nor 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
chapter shall be liable for any damage sustained to persons as the result of
such activity. Any person owning or controlling real estate or other premises
who voluntarily and without compensation grants to the city 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
sheltering persons during an actual, impending or practice enemy attack, or during
a natural emergency in the county or in any area within two hundred (200) miles
of the county and within the state, 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 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.
Sec. 11.5-7. Expenditures,
contracts restricted.
No
person shall have the right to expend any public funds of the city in carrying
out any emergency management services activity authorized by this chapter
without prior approval by the city manager; 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 or city or city manager.
Sec. 11.5-8. Violations;
penalty.
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 chapter, or to do any act forbidden by
any rule or regulation issued pursuant to the authority contained in this
chapter. 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 unless authority to do so has
been granted to such person by the proper officials. Convictions for violations
of the provisions of this chapter shall be punishable as provided in section
1-6 of this Code.
Secs. 11.5-9‑‑11.5-20.
Reserved.
ARTICLE II. EMERGENCY MANAGEMENT COORDINATOR
Sec. 11.5-21. State of
emergency.
The
powers of the mayor shall include the authority to declare a state of
emergency, but such action shall be subject to confirmation by the city council
at its next meeting.
Sec. 11.5-22. Duties‑‑Generally.
The
emergency management coordinator shall be responsible for carrying out the
duties and responsibilities set forth in section 11.5-23(3)‑‑(11)
of this article. He may delegate authority for execution of these duties to an
assistant coordinator, but ultimate responsibility for such execution shall
remain with the city manager and the coordinator.
Sec. 11.5-23. Same‑‑Specific
duties.
The
powers, duties and responsibilities of the coordinator shall include:
(1)Supervision of the development of
an emergency management plan for the city and all mutual aid plans and
agreements which are deemed essential for the implementation of such emergency
management plan.
(2)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
continuing study of the need for amendments and improvements in the emergency
management plan.
(3)Control and direction of the
actual operation or training of the emergency management organization of the
city.
(4)Determination of all questions of
authority and responsibility that may arise within the emergency management
organization of the city.
(5)Maintenance of necessary liaison
with other municipal, state, county, regional, federal, or other emergency
management organizations.
(6)Marshaling, after declaration of
an emergency as provided for above, of all necessary personnel, equipment or
supplies from any department of the city to aid in carrying out the emergency
management plan.
(7)Issuance of all necessary
proclamations as to the existence of an emergency and the immediate operational
effectiveness of the emergency management plan.
(8)Issuance of reasonable rules,
regulations or directives which are necessary for the protection of life and
property in the city. Such rules and regulations shall be filed in the office
of the city secretary and shall receive widespread publicity.
(9)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 the county
for county-wide coordination of emergency management efforts.
(10)Supervision of and final
authorization for procurement of all necessary supplies and equipment, including
acceptance of private contributions.
(11)Authorizing agreements, after
approval of the city attorney, for the use of private property for public
shelter and other purposes.
(a)
The Mayor will:
1) Establish objectives and priorities for the emergency
management program and provide general policy guidance on the conduct of that
program.
2) Monitor
the emergency response during disaster situations and provides direction where
appropriate.
3) With the
assistance of the Public Information Officer, keep the public informed during
emergency situations.
4) With the assistance of the legal staff, declare a
local state of disaster, request the Governor declare a state of emergency, or
invoke the emergency powers of government when necessary.
5) Request assistance from other local governments or
the State when necessary
6) Direct activation of the EOC.
b.
The
City Manager will:
1) Implement the policies and decisions of the governing
body relating to emergency management.
2) Organize the emergency management program and
identifies personnel, equipment, and facility needs.
3) Assign emergency management program tasks to
departments and agencies.
4) Ensure that departments and agencies participate in
emergency planning, training, and exercise activities.
5) Coordinate the operational response of local
emergency services.
6) Coordinate activation of the EOC and supervise its
operation.
c.
The
Emergency Management Coordinator / Fire Chief, appointed by the City Manager,
will:
1) Serve as the staff advisor to the City Manager on
emergency management matters.
2) Keep the City Manager and governing body apprised of
our preparedness status and emergency management needs.
3) Coordinate local planning and preparedness activities
and the maintenance of this plan.
4) Prepare and maintain a resource inventory.
5) Arrange appropriate training for local emergency
management personnel and emergency responders.
6) Coordinate periodic emergency exercises to test our
plan and training.
7) Manage the EOC, develop procedures for its operation,
and conduct training for those who staff it.
8) Activate the EOC when required.
9) Perform day-to-day liaison with the state emergency
management staff and other local emergency management personnel.
10) Coordinate with organized volunteer groups and
businesses regarding emergency operations.
d. The Police Chief will:
1) Assist the Emergency Management Coordinator regarding
police support and law enforcement matters.
2) Participate as a member of the Executive Group in
providing guidance and direction.
3) Coordinate with the Webb County Sheriff in law
enforcement matters.
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 proper 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 disaster.
The Mayor is herby authorized to
join the County Judge of the County of Webb and the mayors of the other cities
in said County in the formation of an interjurisdictional emergency management
program for the County of Webb, and shall have the authority to cooperate in
the preparation of an interjurisdictional 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 Laredo.
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.
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 Laredo, 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 premises who voluntarily and without compensation
grants to the City of Laredo 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.
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.
(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.
(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 Laredo, unless
authority to do so has been granted to such person by the proper officials.
(c)
Convictions for violations of the provisions of this
ordinance shall be punishable by fine not to exceed two thousand dollars
($2,000).
If any portion of this ordinance
shall, for any reason, be declared invalid such, invalidity shall not affect
the remaining provisions thereof.
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.
All ordinances, parts of
ordinances, or resolutions in conflict herewith are expressly repealed.
SECTION 2: SEVERABILITY
That
if any word, phrase, clause sentence, or paragraph of this ordinance is held to
be unconstitutional or invalid by a court of competent jurisdiction, the
remaining provisions of this ordinance shall remain in effect as if the
unconstitutional or invalid portion had not been adopted.
That all ordinances and resolutions or parts of
ordinances or resolutions in conflict herewith are herby repealed.
SECTION 4:
EFFECTIVE DATE
This Ordinance shall be published according to
Section 2.09(D) of the Charter of the City of Laredo and shall become effective
60 days after the public hearing.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR
ON THIS THE __________ DAY OF
_____________, 2002.
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Elizabeth G. Flores
MAyor
ATTEST:
_____________________
APPROVED AS TO FORM:
_____________________
Jaime L. Flores
City Attorney