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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