OR 196 Office of Disaster Director & Disaster Coordinator AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 196
AN ORDINANCE CREATING THE OFFICE OF DISASTER DIRECTOR, AND
DISASTER COORDINATOR, AND PROVIDING THE DUTIES AND RESPONSIBILTIES
OF THOSE OFFICES; CREATING AN OPERATIONAL ORGANIZATION; GRANTING
NECESSARY POWERS TO COPE WITH EMERGENCIES THREATENING LIFE AND
PROPERTY WITHIN THE CITY; AUTHORIZING COOPERATIVE AND MUTUAL AGREE-
MENT FOR RELIEF WORK BETWEEN THIS AND OTHER CITIES OR COUNTIES AND
FOR RELATED PURPOSES; PROHIBITING UNAUTHORIZED WARNING AND ALL-
CLEAR SIGNALS; REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDI-
NANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIO-
LATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED
DOLLARS ($200.00) FOR EACH OFFENSE AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. There is hereby created the Office of Disaster Director of the
City of Coppe]l, which shah be held by the Mayor of the City of Coppel] in accordance
with state law.
A. A Disaster Coordinator may be appointed by add serve at the pleasure of
the Director.
B. The Director shall carry 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 supervision
of the development of a disaster service plan for the City and the recommendation
for adoption by the City Council of anv and all muttml aid plans and agreements which
are deemed essential for the implementation of such disaster service 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 preparation 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 disaster service plan.
SECTION 3. The Mayor of the City is hereby authorized to .ioin with the
County Judge and the County of Dallas and the mayors of other cities in said county
in the formation of a Disaster Service Council for the County of Dallas and shall have
the authority to cooperate in the formation of a disaster service plan for the County
of Dallas and in the appointment of a Disaster Coordinator for the County of Dallas,
as well as all other powers necessary to participate in a county-wide program of
disaster service insofar as said program may affect the City.
SECTION 4. The duties and responsibilities of the Disaster Director shall
include the following:
A. The control and direction of the actual operation or training of the diaster
service organization of the City.
B. The determination of all questions of authority and responsibility that may
arise within the disaster service organization of the City.
C. The maintenance of necessary liason with other municipal, county, district,
state, regional, federal or other disaster service organizations.
D. The marshalling, 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 the carrying out of the disaster service plan.
E. The issuance of all necessary proclamations as to the existence of an
emergency and the immediate operational effectiveness of the disaster service plan.
F. The issuance of reasonable rules, regu]ations or directives necessary for
the protection of life and property within the City. Such rules and regulations shall
be filed with the City Secretary and shall remain in full force and effect unless
withdrawn by action of the City Council. Such rules and regulations shall receive
widespread publicity unless such publicity might be of aid and comfort to the enemy.
G. The supervision of the drafting and execution of mutual aid agreements,
in cooperation with the representatives of the State and other local political sub-divisions
of the State, and the drafting and execution, if deemed desirab]e, of an agreement
with the County and other municipalities within the County, for county-wide coordination
of disaster service efforts.
H. The supervision of and recommendation to the City Council for the
procurement of all necessary supplies and equipment, including acceptance of private
contributions.
I. Authorizing agreements, after approval by the City Attorney, for the use
of private property for public shelter and other purposes.
SECTION 5. The operational disaster service organization of the City shall
consist of all officers and employees of the City so designated by the Director in the
disaster service plan, as well as all organized vulunteer 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 disaster service 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 the
organization, titles and terminology shall conform to the recommendations of the State
Disaster Emergency Service Cormell of the State of Texas and of the federal government.
SECTION 6. It shall be unlawful for any unauthorized person to operate a
siren or other device so as to simulate a warning signal, or the termination of a
warning which signal has been established as a disaster warning.
SECTION 7. At all times when the orders, rules and regulations made and
promulgated pursuant to this ordinance shall be in effect, they shall supercede and
override all existing ordinances, orders, rules and re~rulations insofar as the latter may
be inconsistent herewith. /so
SECTION 8. This ordinance shall not be cqnstrue as to conflict with any
state or federal statute or with any military or nail order, rule or regulation.
SECTION 9. This ordinance is an exercise by the City of a governmental
function for the protection of the public peace, health and safety and neither the City,
its agents or representatives, or any individual, receiver, firm, agent 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 sba]l be liable for
any damage sustained to persons as a result of said 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 sl~cb real estate or premises for
the purpose of sheltering persons during an actual, impending or practice enemy attack
or emergency situation, togetber with his or its successors in interest, if any, shall
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 10. No person shall have the right to expend any public funds of
the City in carrying out any disaster service activity authorized by this ordinance
without prior approval by the City Council. No person shall have any right to bind
the City by contract, agreement or otherwise without prior and specific approval of
the City Council.
SECTION 11. It shall be unlawful for any person willfully to obstruct, hinder
or delay any member of the disaster service organization in his 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 emblem, insignia or
other means of identification as a member of the disaster service organization of the
City, unless authority to so do has been granted to such person by the proper officials.
SECTION ]2. SEVERABILITY CLAUSE. If any section, part of any section,
paragraph or clause of this ordinance is declared invalid or unconstitutional for any
reason, such declaration shall not be held to invalidate or impair the validity, force
or effect of any other sections, part of sections, paragraphs or clauses of this ordinance.
SECTION 13. PENALTY CLAUSE. Any person, firm or corporation violating
any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and,
upon conviction, shall be subject to a fine not to exceed two hundred dollars ($200.00)
for each offense, and each day that such violation continues shall constitute s new
and separate offense and shall be punished accordingly.
SECTION 14. EFFECTIVE DATE. This ordinance shall become effective from
and after its adoption and publication of a caption as required by law.
DULY PASSED by the City Council of tbe City of Coppell, Texas, this o~ L-A '-
day of ~LL,~_~j , ] 979.
APP'R'O~VED:
/
MAYO
ATTEST:
APPR ~fED AS TO FORM:
ATTCI
CI~ SECRETARY