2606 ORD ESTABLISHING PROGRAM OF COMPREHENSIVE EMERGENCY MGMT WHICH INCLUDES PREVENTION, MITIGATION, RESPONSE AND RECOVERY PHASES OF EMERGENCY MGMT
ORDINANCE N0. 2606
AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, ES-
TABLISHING A PROGRAM OF CQMPREHENSIVE EMERGENCY MANAGEMENT
WHICH INCLUDES THE PREVENTION, PiITIGATION, RESPONSE AND RE-
COVERY PHASES OF EMERGENCY MANAGEMENT; ACKNOWLEDGING THE
OFFICE OF E14ERGENCY MANAGEMENT DIRECTOR; AUTHORIZING THE
APPOINTMENT OF AN EMERGENCY MANAGEMENT COORDINATOR; AP1D
PROVIDING THE DUTIES AND RESPONSIBILITIES OF THOSE OFFICES;
IDE:ITIFYING AN OPERATIONAL ORGANIZATION; GRAiNTING NECESSARY
POWERS TO COPE WITH ALL PHASES OF EMERGENCIES WHICH THREATEN
LIFE AND PROPERTY IN THE CITY OF PARIS; PROHIBITING
UNAUTHORIZED WARNING AND ALL-CLEAR SIGNALS ATdD MAKING VIO-
LATIONS A MISDEP'lEANOR PUrdISHABLE BY FINE NOT TO EXCEED
$200.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH; A1`ZD PROVIDING FOR AN EFFECTIVE DATE
OF FEBRUARY 1, 1982,
WHEREAS, the City Council of the City of Paris finds
that the identification of potential hazards and the pre-
vention or mitigation of their effects must be an on-going
concern of the City if the lives and property of the
populace are to 'De protected; and,
WHEREAS, the City Council hereby declares that the
nreparation of a plan, and the means for its implementation,
for the protection of lives and property in the City of
Paris from natural or man-caused disasters or threat thereof
is immediately essential; and,
WHEREAS, the City Council further finds that in times
of emergencies which may imperial the safety of the inhabi-
tants 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 impler.mentation of such plans
are now imperative;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS:
Section l, The ultimate responsibility of having an
Emergency Management Plan rests with the Mayor in accordance
with State law. There exists the office of Emergency
Management Director of the City of Paris, which shall be
held by the City Manager.
(a) An Emergency NIanagement Coordinator may be appointed
by ard serve at the pleasure of the Director;
(b) 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 the Coordinator, 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 ineasures which would
tend to prevent the occurrence or reduce the impact of such
hazards if a disaster did occur. As part of this responsibility
in hazard mitigation, the Director shall supervise the develop-
ment of an Emergency Management Plan of the City of Paris, and
shall recorimend 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
management 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 existin- personnel,
equipment, supplies and services which could be used during
an emergency,pforlamendmentsrand,improvenentsainothenuing
study of the need
Emergency Management Plan.
Section 3. The Mayor is hereby authorized to act in
cooperation with the County Judge of Lamar County and the
Mayor of other cities in Lamar County in time of emergency
in order to protect the health, safety and property of the
citizens of Paris.
Section 4. The duties and responsibilities of the
Eme-rgency Managernent Director shall be included in the Plan
as adopted.
Section 5. The operational Emergency Management organi-
zation of the City of Paris shall consist of the officers and
employees of the City so designated by the Director in the
Emergency Z'Ianagement Plan, as well as all organized volunteer
emergency management 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
ordinance. Insofar as possible, the form of organization,
titles, andtion shall
of the State Divis
Texas and of the Federal Government.
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 as empowered by
the laws of the State of Texas and the Charter of the City
of Paris.
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.
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 Paris,
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 orregulation 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 Paris 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 9, 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 10. 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 wear, carry or display any
embiem, insignia or any other means of identification as
a member of the Emergency Management organization of the
City of Paris, unless authority to do so has been granted
to such person by the proper officials. Convictions for
violations of the provisions of this ordinance shall be
punishable by fine not to exceed $200.00.
Section 11. Each employee or any individual that is
assigned a function or responsibility shall solemnly swear
or affirm to support and defena the Constitution of the
United Staes, laws of the State of Texas and the Ordinances
of the City of Paris.
Section 12. If any portion of this ordinance shall, for
any reason, be declared invalid, such invalidity shall not
affect the remaining provisions thereof.
1
Section 13. All ordinances or parts of ordinances in
conflict herewith are hereby expressly repealed.
This ordinance shall become effective on February l,
1982.
Passed and adopted this llth day of January, 1982.
Bi y Burnett, Mayor
ATTEST:
1-70
i
.
H. C e ne, ity C er
APPROVED AS TO FORM:
T. K. Haynes, ity Attorney