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HomeMy WebLinkAboutOrdinance 9692ORDINANCE NO. CP ~~ AN ORDINANCE REPEALING CHAPTER 2, ARTICLE IV., "CIVIL DEFENSE" OF THE CODE OF THE CITY OF FORT WORTH AND SUBSTITUTING IN LIEU THEREOF CHAPTER 15A, ARTICLE III. CREATING THE OFFICE OF EMERGENCY MANAGEMENT AS A DIVISION OF THE FIRE DEPARTMENT; ESTABLISHING THE OFFICE OF DIRECTOR OF EMERGENCY MANAGEMENT AND THE POSITION OF EMERGENCY MANAGEMENT COORDINATOR AND PROVIDING FOR THE DUTIES AND RESPONSIBILITIES OF THOSE OFFICES; PROVIDING FOR THE PROMULGATION OF AIV EMERGENCY MANAGEMENT PLAN FOR FORT WORTH AND GRANTING AUTHORITY TO IMPLEMENT THAT PLAN; AUTHORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS BETWEEN FORT WORTH AND OTHER ENTITIES FOR PROVISION OF DISASTER RELIEF; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TE XAS SECTION. 1 That Chapter 2, Article IV., "Civil Defense", of the Code of the City of Fort Worth (1964), as amended, is hereby repealed. SECTION 2. That there is hereby added to Chapter 15A, "Fire Department" of the Code of the City of Fort Worth, a new Article III, which shall read as follows: "ARTICLE III. OFFICE OF EMERGENCY MANAGEMENT "Sec. 2-24. Off ice Created. There is hereby created an Office of Emergency Management as a division of the Fire Department, which shall be responsible for administering the safe and efficient implementation of a plan to protect the lives and property of the citizens of Fort Worth, in the event of .natural disasters or m an-made calam aties, or threat thereof. "Sec. 2-25. Director of Emergency Management Duties. The Mayor shall hold the office of Director of Emergency Management, in accordance with Article 6889-7, Texas Revised Civil Statutes, The Texas Disaster Act of_ 1975, and pursuant to the MW-12, October 12, 1983. The and responsibilities specified tive order. Governor's Executive Order Mayor shall have all powers in said statute and execu- 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 ordinance. The Director may delegate authority for the functions of organization, administration, and opera- tion of the Office of Emergency Management, but ultimate responsibility for such execution shall remain with the Director. These duties shall include, but shall not necessarily be limited to, the following: (1 ) Authority to declare a local state of d isaster. 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 proc- lamation 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. (2) 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 its contents to the attention of the general publ is and, unless cir- cumstances attendant on the disaster prevent or impede, promptly filed with the City Secretary. "Sec. 2-26. Coordinator of Emergency Management Created; Duties The Coordinator of Emergency Management shall be an employee of the Fire Department and shall be subject to the supervision and direction of the Chief of the Fire Department. The coordinator shall manage the administra- tion and operations of the office. The coordinator shall also perform the following duties: (1) Conduct an ongoing survey of actual or potential haz- ards which threaten life and property within 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. -2- £, .- (2) Supervise the development and approval of an Emer- gency Management Plan for the City of Fort Worth, and recommend for adoption by the City Council all agree- ments with governmental and private entities deemed necessary for the implementation of such plans. (3) Maintain relations with other municipal, county, dis- trict, state, regional or federal emergency manage- ment organizations and organized volunteer groups. (4) Perform all duties as assigned by the Chief of the Fire Department or the City Manager regarding disas- ter preparedness. "Sec. 2-27. Emergency Management Plan A comprehensive Emergency Management Plan shall be developed and maintained in a current state. As provided by state law, the plan shall follow the standards and cri- ter is established by the State Division of Emergency Man- agement 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. The plan shall establish and designate ,func- tions, assign responsibilities, tasks, duties, and powers and designate officers and employees to carry out the pro- visions of the plan." "Sec. 2-28. InterjurMisdictional Program The Director is hereby authorized to join with the County Judge of Tarrant County and with other municipali- tie s in Tarrant County in the formation of an Emergency Management Council for Tarrant County and shall have the authority to cooperate in the preparateion of a joint 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 Fort Worth." SECTION 3. This ordinance shall be cumulative of all provisions of ordi- nances and of the Code of the City of Fort Worth, Texas (1964}, as -3- y ~f ~.: amended , except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 4. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence paragraph or section of this ordinance shall be declared unconstitu- tional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption in the minutes of the City Council and by filing the ordinance in the ordi- nance records of the City. SECTION 6. This ordinance shall take effect and be in full force and effect from and after its passage, and it is so ordained. -4- . . ,` ~ .. APPROVED AS TO FORM AND LEGALITY: ~~ City- Attorney , DATE: ADOPTED: EFFECTIVE: -5- faASS~E~a ~m~~Y~~ -- AccounraNS-~ ~2~~ ®~ ll' ®~~ ~®~~11~.~ ~~~~~ TRANSPARTATlQ,NdPU6`lC~~II..lL ~ l! ~~tLtV ~®tL/1LU II~U.i~~ ~®U U IV~ li/lV~~~~L~W ~~® U lV NATER AUld11N{S1RAYitbN ~ sy FeRE ADMIN ' DATE _ REFERENCE sue~ECTADOPTION OF ORDINANCE ESTABLISHING PAGE NunneER THE OFFICE OF EMERGENCY MANAGEMENT AS A Z 8-12-86 **G-6766 DIVISION OF_THE E 1 of ~--- RECOMMENDATION It is recommended that the City Council adopt the attached ordinance which provides for the repeal of Chapter 2, Article IV of the Code of the City of Fort Worth (1964), as amended, and the addition of Article III to Chapter 15A, "Fire Department", providing for the establishment of the Office of Emergency Management as a division of the Fire Department. DISCUSSION On October 1, 1985, the Office of Emergency Management, formerly an autonomous department, was established as a division of the Fire Department. The reorganization brings the office into conformance with Texas state law, and more realistically reflects its operating function. The attached ordinanceā€¢ 1) Repeals the current Chapter 2, Article IV, "Civil Defense"; 2) Creates the Office of Emergency Management as a division of the Fire Department; 3) Establishes the Office of Director of Emergency Management and the position of Emergency Management Coordinator, 4) Provides for the promulgation of an Emergency Management Plan; and, 5) Authorizes cooperative and mutual aid agreements between Fort Worth and other jurisdictions for the provision of disaster relief. RN:cfmc APPROVED DY Attachments CITY COUNCIL ~~ City S®aretary of the City of Fart Wasth,. Toxae f ~ _ SUBMITTED FOR IHt ~~ CITY MANAGER'S ~/~/ ~ / DISPOSITION BY COUNCIL. ; PROCESSED BY ~~ ~ ~Z; 7 ~ . OFFICE BY /'" 16 ^ APPROVED ORIGINATING C OTHER (DESCRIBE) pEPARTMEN7 HEAD: H.L. McMi 1 CITY SECRETARY FOR ADDITIONAL INFORMATION corvracT R. Neuh Adopted Ordinance No. DATE