OR 94-642 Establishes Comprehensive Emergency Management Program and Director AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 94642
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING CHAFFER 16, ARTICLE 16-1, 16-2 AND 16-3, TO ESTABLISH
A PROGRAM OF COMPREHENSIVE EMERGENCY MANAGEMENT
INCLUDING MITIGATION, PREPAREDNESS, RESPONSE AND
RECOVERY PHASES; ESTABLISHING THE OFFICE AND DUTIES OF
THE EMERGENCY MANAGEMENT DIRECTOR; AUTHORIZING THE
APPOINTMENT AND ESTABLISHING THE DUTIES OF AN
EMERGENCY MANAGEMENT COORDINATOR; PROVIDING FOR AN
OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS
FOR EMERGENCY MANAGEMENT; AUTHORIZING COOPERATIVE
AND MUTUAL AID AGREEMENTS WITH OTHER CITIES; PROHIBITING
UNAUTHORIZED WARNING AND ALL-CLEAR SIGNALS; PROVIDING
A PENALTY OF FINE NOT TO EXCEED THE SUM OF ONE THOUSAND
AND NO/100 DOLLARS ($1,000.00); PROVIDING A REPEALING CLAUSE
AND SPECIFICALLY REPEALING ARTICLES 16-2 AND 16-3; PROVIDING
A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell finds that the identification 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 populace are to be protected; and
WHEREAS, the City Council of the City of Coppell 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 Coppell from natural
or man-caused disasters or thereat 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 of delay; and
WHEREAS, the City Council of the City of Coppell 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 COPPELL, TEXAS
SECTION 1: That the Code of Ordinances of the City of Coppell, Texas be, and the
same is hereby amended by amending Chapter 16, in part, by amending Article 16-1, 16-2
and 16-3 to read as follows:
"ARTICLE 16-1. EMERGENCY MANAGEMENT
Sec. 16-1-1 ORGANIZATION
That there exists the office of Emergency Management Director of the City
of Coppell, 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 Article. 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
Coppell 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.
Sec. 16-1-2 EMERGENCY MANAGEMENT DIRECTOR - POWERS AND DUTIES.
That 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 with the City and an ongoing 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
management plan for the City of Coppell, 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 seven (7) days
except by or with the consent of the City Council. Any order or
2
proclamation 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 their 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 Coppell 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 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 Dallas County with other
municipalities with Dallas County, for the county-wide coordination 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.
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 the Texas Disaster Act of 1975,
codified in Chapter 418 of the Texas Government Code.
Sec. 16-1-3 EMERGENCY MANAGEMENT PLAN
That 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 Article. 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 Article and have the effect of law
during the time of a disaster.
Sec. 16-1-4 INTERJURISDICTIONAL PROGRAM
That the Mayor is hereby authorized to join with the County Judge of the
County of Dallas and the mayors of the other cities in said County in the
formation of an interjurisdictional emergency management program for the
County of Dallas, 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 Coppell.
Sec. 16-1-5 OVERRIDE
That at all times when the orders, rules, and regulations made and
promulgated pursuant to this Article shall be in effect, they shall supersede
and override all existing Articles, orders, rules, and regulations insofar as the
latter may be inconsistent therewith.
Sec. 16-1-6 LIABILITY
This Article 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
Coppell, 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, rules or regulation promulgated pursuant to the
provisions of this Article 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 Coppell 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, impeding, 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.
Sec. 16-1-7 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 Article
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.
Sec. 16-1-8 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 Article.
B. It shall likewise by 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
Coppell, 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 Article and shall be subject to
the penalties imposed by this Article.
D. Convictions for violations of the provisions of this Article shall be
punishable by fine not to exceed One Thousand and No/100 Dollars
5
($1,000.00).
Sec. 16-1-9 (Reserved for future use.)
Sec. 16-1-10 (Reserved for future use.)
Sec. 16-1-11 (Reserved for future use.)
Sec. 16-1-12 (Reserved for future use.)
ARTICLE 16-2. (Reserved)
ARTICLE 16-3. (Reserved)"
SECTION 2: That all provisions of the Code of Ordinances of the City of Coppell,
Texas, in conflict with the provisions of this ordinance be, and the same are hereby,
repealed, and all other provisions not in conflict with the provisions of this ordinance shall
remain in full force and effect; and that Articles 16-2 and 16-3 be, and the same are hereby,
specifically repealed and reserved for future use.
SECTION 3: That should any word, phrase, paragraph, section or portion of this
ordinance or of the Code of Ordinances, as amended hereby, be held to be void or
unconstitutional, the same shall not affect the validity of the remaining portions of said
ordinance or of the Code of Ordinances, as amended hereby, which shall remain in full
force and effect.
SECTION 4. That any person, firm or corporation violating any of the
provisions or terms of this ordinance or of the Code of Ordinances, as amended hereby,
shall be guilty of a misdemeanor and upon conviction in the Municipal Court of the City of
Coppell, Texas, shall be subject to a fine not to exceed the sum of One Thousand
($1,000.00) Dollars for each offense; and each and every day such violation shall continue
6
shall be deemed to constitute a separate offense.
SECTION 5.' That this ordinance shall become effective from and after its passage
and the publication of the caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
day of (",{,~J , 1994.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
PETER G. SMITH, CITY AITORNEY
7 AGG0539C