Ord 036-82 3/16/1982r
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ORDINANCE NO. a)
AN ORDINANCE ESTABLISHING A PROGRAM OF COMPREHENSIVE
EMERGENCY MANAGEMENT WHICH INCLUDES THE MITIGATION,
PREPAREDNESS, RESPONSE, AND RECOVERY PHASES OF CIVIL
PREPAREDNESS; ACKNOWLEDGING THE OFFICE OF EMERGENCY
MANAGEMENT DIRECTOR; APPOINTING A CITY EMERGENCY
COORDINATOR; AND PROVIDING THE DUTIES AND RESPONSI-
BILITIES OF THOSE OFFICES; IDENTIFYING AN OPERATIONAL
ORGANIZATION; GRANTING NECESSARY POWERS TO COPE WITH
ALL PHASES OF. EMERGENCY MANAGEMENT WHICH THREATEN
LIFE AND PROPERTY IN THE CITY OF WICHITA FALLS;
AUTHORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS
FOR RELIEF WORK BETWEEN THIS AND OTHER CITIES OR
COUNTIES AND FOR RELATED PURPOSES; PROHIBITING
UNAUTHORIZED WARNING AND ALL-CLEAR SIGNALS AND
MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY FINE
NOT TO EXCEED $200; REPEALING CHAPTER 10 OF CODE OF
ORDINANCES.
WHEREAS, the Board of Aldermen of the City of Wichita Falls 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 Board of Aldermen hereby declares that the preparation of a plan,
and the means for its implementation, for the protection of lives and property in
the City of Wichita Falls from natural or man-caused disasters or threat thereof
is immediately essential; and
WHEREAS, the Board of Aldermen 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 Board of Aldermen finds, therefore, that the preparation, adoption,
and implementation of such plans are now imperative;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
Section 1. Chapter 10 of the Code of Ordinances, "Civil Defense and Disaster
Relief," is hereby repealed in its entirety and replaced by the following.
Section 2. The following positions are hereby created for the purpose of
establishing, coordinating, and operating a civil defense and disaster relief
program:
(a) Emergency Management Director of the City of Wichita Falls. In accordance
with the executive order of the Governor of the State of Texas, this position shall
be held by the Mayor or the presiding officer of the Board of Aldermen. The
Director shall be responsible for insuring that a comprehensive emergency
management program is established within the City;
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(b) City Emergency Coordinator for the City of Wichita Falls. This position
shall be held by the City Manager. The City Manager shall be responsible for
administering a comprehensive emergency management program within the City in
accordance with the powers, duties, and responsibilities set out below. The, City
Manager may delegate the day to day responsibilities of this position to any other
officer or employee of the City. The officer or employee so delegated shall hold
the position of Emergency Management Coordinator.
Section 3. In the event of a disaster, the Emergency Management Director
and the City Emergency Coordinator shall be immediately notified. A state of
emergency may be declared by the Emergency Management Director upon the occurrence
or imminent threat of widespread or severe damage, injury, or loss of life or
property resulting from any natural or man-made cause, including fire, flood,
earthquake, wind, storm, water contamination, epidemic, air contamination, blight,
drought, infestation, explosion, riot, hostile military or paramilitary action,
other public calamity requiring emergency action, or energy emergency. Upon
declaration of a state of emergency, the Director shall authorize the City Emergency
Coordinator to put into effect the plan for handling such an emergency. A state of
emergency may not be continued or renewed for a period in excess of seven days
except by or with the consent of the Board of Aldermen. Any order or proclamation
declaring, continuing, or terminating a state of emergency shall be given prompt
and general publicity and shall be filed promptly in the Office of the City Clerk.
Section 4. The following duties and responsibilities are hereby specifically
delegated to the City Emergency Coordinator:
(a) The direction and control of the actual disaster operations of the City
of Wichita Falls emergency management organization as well as the training of
emergency management personnel;
(b) The marshaling, after a 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 provisions of the emergency management
plan;
(c) The supervision of the development and maintenance of an emergency
management plan for the City of Wichita Falls;
(d) The performing of an on-going survey of actual or potential major
hazards which threaten life and property within the City including recommending
the implementation of measures which would tend to prevent the occurrence or reduce
the impact of such hazards if a disaster did occur;
(e) The supervision of the drafting of mutual aid agreements, in cooperation
with representatives of the state or of other local political subdivisions of the
state, and the drafting, if deemed desireable, of an agreement with Wichita County
and with other municipalities within the County, for the county-wide coordination
of emergency management efforts. All such agreements must be approved by the
Board of Aldermen prior to execution;
(f) The issuance of reasonable rules, regulations, or directives which are
necessary for the protection of life and property in the City of Wichita Falls
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during a state of emergency. Such rules and regulations shall be filed promptly
in the Office of the City Clerk and shall receive widespread publicity whenever
possible.
(g) The final authorization for the procurement of all necessary supplies
and equipment, including acceptance of private contributions, during a state of
emergency.
(h) The authorizing of agreements, after approval by the City Attorney, for
use of private property for public shelter and other purposes during a state of
emergency.
(i) The determination of all questions of authority and responsibility that
may arise within the emergency management organization during a state of emergency.
(j) The maintenance of necessary liasion with other municipal, county,
district, state, regional, federal, or other Emergency Management organizations.
Section 5. The operational emergency management organization of the City of
Wichita Falls shall consist of the officers and employees of the City so designated
by the Coordinator in the emergency management plan, as well as all organized
volunteer groups. The functions and duties of this organization shall be distribu-
ted 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, and terminology shall
conform to the recommendations of the State Division of Emergency Management of
the State of Texas and of the Federal Government.
Section 6. 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 ordinance and shall be subject to the
penalties imposed by this ordinance.
Section 7. 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 orders, rules, and regulations insofar as the latter
may be inconsistent therewith.
Section 8. 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 9. 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 Wichita Falls, 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 attempt-
ing 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 other
premises who voluntarily and without compensation grants to the City of Wichita Falls
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
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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 10. Except as specifically authorized or otherwise allowed by State
Law and the Charter and Ordinances of the City of Wichita Falls, no person shall
have the right to expend any unappropriated or unbudgeted public funds of the City
in carrying out any emergency management activity authorized by this ordinance
without prior approval by the Board of Aldermen, nor shall any person have any
right to bind the City by contract, agreement, or otherwise without prior and
specific approval of the Board of Aldermen.
Section 11. It shall be unlawful for any person willfully to obstruct, hinder,
or delay any member of the emergency management organization in the implementation
and operation of the emergency management plan. 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
Wichita Falls, unless authority to do so has been granted to such person by the
proper officials. Convictions for violations of this ordinance shall be punishable
by fine not to exceed two hundred dollars ($200) .
Section 12. If any part of this ordinance shall, for any reason, be declared
invalid, such invalidity shall not affect the remaining provisions thereof.
Section 13. All ordinances, parts of ordinances, or resolutions in conflict
herewith are expressly repealed.
PASSED AND APPROVED this / Z11./ day of Z.,¢,e . , 1982.
Mayor
ATTEST:
■Av_
City Clerk
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ORDINANCE NO.35-82 Affidavit of Publication
AN ORDINANCE MAKING AN
APPROPRIATION FROM THE
GENERAL FUND TO AC-
COUNT NUMBERS LISTED THE STATE OF TEXAS
BELOW,AND DECLARING AN
EMERGENCY. COUNTY OF WICHITA
ORDINANCE NO.36-82
AN ORDIANCE ESTABLISH-
ING A PROGRAM OF COM-
PREHENSIVE EMERGENCY
MANAGEMENT WHICH IN- 7th
THE MITIGATION, On this 7�r. y Of April,
day
PREPAREDNESS, REPONSE,
AND RECOVERY PHASES OF 192
CIVIL PREPAREDNESS;ACK- A.D 7 personally appeared before me,the undersigned authority
NOWELDGING THE OFFICE
OF EMERGECNY MANAGE-
MENT DIRECTOR; APPOINT- Treva U. t'uzrria bookkeeper
MENT A CITY EMERGENCY
COORDINATOR; AND PRO-
VIDING THE DUTIES AND
REPONSIBILITIES"OF THOSE for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
OFFICES; IDENTIFYING AN
OPERATIONAL ORGANIZA-
T ION; GRANTING NECES- Record News, a newspaper published at Wichita Falls in Wichita County,Texas,and
SARY POWERS TO COPE
WITH ALL PHASES OF upon being duly sworn by me,on oath states that the attached,advertisement is a true
EMERGECNY MANAGE- g y y
MENT WHICH THREATEN one (1)
LIFE AND PROPERTY IN and correct copy of advertising published in issues
THE CITY OF WICHITA
FALLS; AUTHORIZING
COOPERATIVE AD MUTAL, thereof on the following dates:
AID AGREEMENTS FOR RE-
LIEF WORK BETWEEN THIS
AND OTHER CITIES OR April 5, 1932
COUNTIES AND FOR RE-
LATED PURPOSES; PRO-
!BITING UNAUTHORIZED
WARNING AND ALL-CLEAR ` ` j/l `' % n
SIGNALS AND MAKING VIO-
LATIONS A MISDEMEANOR
PUNISHABLE BY FINE BY Bookkeeper for Times Publishiniqompany
FINE NOT TO'EXCEED$200; of Wichita Falls
REPEALING CHAPTER 10 OF
THE CODE OF ORDINANCES.
ORDINANCE NO. 37-82
ORDINANCE GRANTING Subscribed and sworn to before me this the day and year first above written.
WAIVER OF SECTION 25-69 OF
THE CODE OF ORDINANCES
TO AUTHORIZE CIRCUS
SPONSORED BY MASKAT �
TEMPLE AT THE D.L.LIGON
COLISEUM ON MIDWESTERN
STATE UNIVERSITY CAMPUS •
MARCH 26 THROUGH MARCH
`par n�
28, 1982. * ROY L. REAVES
7t Notary Public,State of Texas
a (/� My Commission Expires Nov.30,19j
!9T`Of 1d' S.S.446.42-2662
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