Ordinance 2005-29
ORDINANCE NO. 2005-29
AN ORDINANCE EST ABLISHING A PROGRAM RESPONSE AND
RECOVERY PHASES OF COMPREHENSIVE EMERGENCY
MANAGEMENT; ACKNOWLEDGING THE OFFICE OF EMERGENCY
MANAGEMENT DIRECTOR; AUTHORIZING THE APPOINTMENT OF AN
EMERGENCY MANAGEMENT COORDINATOR; AND PROVIDING FOR
THE DUTIES AND RESPONSIBILITIES OF THOSE OFFIES; IDENTIFYING
AN OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS
TO COPE WITH ALL PHASES OF EMERGENCY MANAGEMENT WHICH
THREATEN LIFE AND PROPERTY IN THE CITY OF WYLIE, TEXAS;
AUTHORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR
RELIEF WORK BETWEEN THIS AND OTHER CITIES OR COUNTIES AND
FOR RELATED PURPOSES; REPEALING CITY OF WYLIE ORDINANCE
NO. 91-16; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVER
ABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie finds that the identification of
potential hazards and the prevention or mitigation of their effects must be an ongoing concern of
the City ifthe lives and property of the populace are to be protected; and
WHEREAS, the City Council 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 Wylie from natural or man-caused disasters, technological
emergencies, terrorism or threat thereof is immediately essential; and
WHEREAS, the City Council finds that the Comprehensive Emergency Management
Plan and Program will be in compliance to all federal and state policies and laws governing
emergency management and related disciplines and will also be National Incident Management
System (NIMS) compliant; and
WHEREAS, the City Council further finds that in times of disasters or emergencies,
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 guidelines and preparations with a
minimum of delay; and
WHEREAS, the City Council finds, therefore, that the preparation, and implementation
of such plans are now imperative; and
WHEREAS, the City Council finds that Ordinance No. 91-16 should be repealed and
replaced by this Ordinance.
Ordinance No. 2005-29
Comprehensive Emergency Mgt. Plan
I
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS:
Section 1. ORGANIZATION
There exist the office of Emergency Management Director of the City of Wylie, which
shall be held by the Mayor in accordance with State Law.
(a) The Office of Emergency Management is located within the Fire Department.
(b) The Fire Chief will appoint an Emergency Management Program Coordinator
with concurrence of the City Manager and the Mayor.
(c) 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. He/she may delegate authority for
execution of these duties to the Coordinator, but ultimate responsibility for
such execution shall remain with the Director.
(d) The Emergency Program Coordinator shall manage the coordination of the
day-to-day aspect of the program on behalf of the Mayor and City Manager.
(e) The operational Emergency Management organization of the City of Wylie
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.
(f) The City Manager shall act as the Emergency Operations Center (EOC)
Controller during its activation.
Section 2. EMERGENCY MANAGEMENT DIRECTOR - POWERS AND
DUTIES
The duties and responsibilities of the Emergency Management Director shall include
the following:
(a) Surveying actual or potential hazards, which threaten life and property within
the City, and identifying and requiring or recommending the implementation
of measures which would tend to prevent the occurrence or reduce the impact
of such hazard if a major disaster or emergency did occur.
(b) Supervision of the development and approval of an emergency management
plan for the City, and shall recommend for adoption by the City Council all
Ordinance No. 2005-29
Comprehensive Emergency Mgt. Plan
2
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 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 purpose 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 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 City of Wylie 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 organizations ofthe City.
(g) Maintain liaison with other municipal, County, State, regional or federal
Emergency Management organizations.
(h) Marshaling and deploying of all necessary personnel, equipment, or supplies
from City departments 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 and
memorandum of understanding 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 the county in which said
City is located and with other municipalities within the County, for the
County-wide coordination of Emergency Management efforts.
CD 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 agreements, after approval by the City Attorney, for use of private
property for public shelter and other purposes.
Ordinance No. 2005-29
Comprehensive Emergency Mgt. Plan
3
(1) Surveying the availability of existing personnel, equipment, supplies, and
services that could be used during a disaster or major emergency, as provided
for within.
(m) Other requirements as specified in the Texas Disaster Act, Chapter 418, Texas
Government Code.
Section 3. EMERGENCY PROGRAM COORDINATOR - DUTIES AND
RESPONSIBILITIES
The duties and responsibilities of the Emergency Program Coordinator shall include the
following:
(a) The day-to-day responsibility of managing the Emergency Management
Program and activities, which includes coordinating all aspects of the City
mitigation, preparedness, response, and recovery capabilities.
(b) Coordinate resources from all sectors before, during, and after an emergency.
(c) Manage activities relating to mitigation, preparedness, response, and recovery.
(d) Ensure that all components of the emergency management program:
(i) Are aware of potential threats to the City;
(ii) Participate in mitigation and prevention activities;
(iii) Plan for emergencies using an all-hazard approach;
(iv) Operate effectively in emergency situations; and
(v) Conduct effective recovery operations after a disaster.
(e) Coordination of all components of the City Emergency Management Program
including volunteers and voluntary organizations as well as other groups
involved in emergency activities.
(f) Coordination of the planning process and working cooperatively with
organization and government departments.
(g) Advising and informing the Mayor and City Manager about emergency
management activities.
(h) Identifying and analyzing the potential effects of hazards that threaten the
City.
(i) Taking inventory of staff, personnel and material resources from private sector
sources that would be available in an emergency.
Ordinance No. 2005-29
Comprehensive Emergency Mgt. Plan
4
G) Identifying resource deficiencies and working with appropriate officials on
measures to correct such deficiencies.
(k) Developing and carrying out public awareness and education programs.
Section 4. MOVEMENT OF PEOPLE
(a) The Mayor, or designee may recommend the evacuation of all or part of the
population from a stricken or threatened area in the City if the Mayor considers the action
necessary for the preservation of life or disaster mitigation, response, or recovery.
(b) The Mayor, or designee may prescribe routes, modes of transportation, and
destinations in connection with an evacuation.
(c) The Mayor, or designee may control ingress and egress to and from a disaster area
and the movement of persons and the occupancy of premises in the area.
Section 5. RESTRICTED SALE AND TRANSPORT A TION OF MATERIALS
The Mayor or designee may suspend or limit the sale, dispensing, or transportation of
alcoholic beverages, firearms, explosives, and combustibles.
Section 6. DECLARATION OF A LOCAL DISASTER
(a) The Mayor may declare a local state of disaster.
(b) A declaration of local disaster may not be continued or renewed for a period of
more than seven (7) days except with the consent ofthe City Council.
(c) A 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) A declaration of local disaster activates the recovery and rehabilitation aspects of
the City Emergency Management Plan and authorizes the furnishing of aid and assistance
under the declaration. The preparedness and response aspects of the Emergency
Management Plan and its annexes are activated as provided in the Emergency
Management Plan.
(e) Acts enumerated in the declaration of local disaster shall have the full effect of
law as may be ordained by the City Council.
(f) The declaration of a local disaster may provide provisions to:
(1) Close public streets, reroute traffic and restrict vehicle usage of specific
streets.
Ordinance No. 2005-29
Comprehensive Emergency Mgt. Plan
5
(2) Close geographic areas of the City and limit ingress and egress to these areas
to emergency response services.
(3) Evacuate specific geographic areas, specify routes of egress and deny access to
such areas.
(4) Establish curfews for specific geographical areas.
(5) Limit or restrict the usage of water and public utilities in a specific area.
(6) Establish rationing of critical resources.
(7) Implement wage, price and rent controls.
(8) Forbid the sale of hazardous materials.
(9) Forbid the sale of alcoholic beverages.
(10) Forbid the sale of firearms and ammunition.
(11) Prohibit such other specific acts or conduct necessary to ensure the public
safety and welfare.
Section 7. STATE DECLARATION OF A STATE OF EMERGENCY
The Mayor may request the Governor to declare a state of emergency.
Section 8. STATE AND FEDERAL AID
On the determination that the City has suffered a substantial loss of tax and other
revenue from a major disaster or emergency and has demonstrated a need for financial
assistance to perform its governmental functions, the Mayor may apply to the State and
Federal governments for a loan, grant or other financial aid or assistance.
Section 9. EMERGENCY MANAGEMENT PLAN AND ANNEXES
A Comprehensive Emergency Management Plan shall be developed and maintained
in a current state of readiness at all times. The basic plan shall set forth the form of the
organization and its concept of operations; establish and designate divisions and
functions; assign responsibilities, tasks, duties, and powers; and designate officers and
employees to carry out the provisions of this ordinance. 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
Ordinance No. 2005-29
Comprehensive Emergency Mgt. Plan
6
Division of Emergency Management. The Comprehensive Emergency Management Plan
should also be compliant with all state and federal laws, as well as being NIMS
compliant. 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 and annexes
shall have the effect of law during the time of a major disaster or emergency.
Section 10. OVERRIDE
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 regulation insofar as the latter may be inconsistent therewith.
Section 11. LIABILITY
This Ordinance is an exercise by the City of its governmental functions for the protection
of public peace, health, and safety and neither the City of Wylie, its officers, agents,
employees and representatives of the City, nor any individual, receiver, firm, partnership,
entity, 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, or regulation
promulgated pursuant to the provision of this Ordinance shall be liable for any damages
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
Wylie a license or privilege, or otherwise permits the City to inspect, designate, and use
the whole or any part of such real estate or premises for the purpose of sheltering persons
during an actual, impending, or practice, enemy attack or natural or man-made emergency
or 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.
Section 12. 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 Ordinance without prior approval of
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 Councilor City
Manager during a declared disaster or state of emergency. During a declared disaster or
state of emergency, the Mayor may expend and/or commit public funds of the City when
deemed prudent and necessary for the protection of health, life, and property.
Section 13. OFFENSES: PENAL TIES
Ordinance No. 2005-29
Comprehensive Emergency Mgt. Plan
7
(a) It shall be unlawful for any person willfully to obstruct, hinder, interfere or delay
any member of the Emergency Management organization in the enforcement of any order,
directive, rule or regulation issued pursuant to this Ordinance.
(b) 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 Wylie, unless authorized to do so has been granted to such
person by the proper officials.
(c) Any person, firm, corporation, association, business or entity violating this
Ordinance or any order, directive, rule or regulation issued pursuant to this Ordinance
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a
sum not exceeding One Thousand Dollars ($1,000.00) or confinement of up to One
Hundred Eighty (180) days. Each unlawful act or continuing day's violation under this
Ordinance shall constitute a separate offense. The penal provisions imposed under this
Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains
all legal rights and remedies available to it pursuant to local, state and federal law.
Section 14. SEVERABILITY
Should any section, subsection, sentence, clause, phrase or word of this Ordinance be
declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force and
effect. Wylie hereby declares that it would have passed this Ordinance, and each section,
subsection, sentences, clauses and phrases be declared unconstitutional or invalid.
Section 15. LIMITATIONS
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 16. SA VINGSIREPEALING CLAUSE
All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but
such repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the repeal prevent a prosecution from being commenced for any
violation if occurring prior to the repeal of the ordinance. Any remaining portions of said
ordinance shall remain in full force and effect.
Section 17. REPEAL OF WYLIE ORDINANCE NO. 91-16
Wylie Ordinance No. 91-16 is repealed in its entirety and replaced by this Ordinance. The
effective date of the repeal discussed in this Section shall not occur until the effective
date of this Ordinance at which time Ordinance No. 91-16 shall be repealed. Such repeal
shall not abate any pending prosecution and/or lawsuit or prevent any prosecution and/or
Ordinance No. 2005-29
Comprehensive Emergency Mgt. Plan
8
lawsuit from being commenced for any violation of Ordinance NO. 91-16 occurring
before the effective date of this Ordinance.
Section 18 EFFECTIVE DATE
This Ordinance shall become effective from and alter its adoption and publication as
required by law the City Charter and by law.
DUL Y PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS on this 28th day of June, 2005.
JOhne1:~
ATTEST:
\\\\111111111/
\\ "
,"'\ C?Y....~y;"/,,//
~ ^' c~. ..~~~
S* "'" ..- .. .:!le. '\. ~
::: (): if-;~-'-:::-2J ~. ~
~ (~~2~) ~
~ "8 ,:::
~ "'.(1 ..-':::
...:, Oe .10 ~ ""
~"''' ~ .J.1lr;.....e ~~ ",
"'/ YL I E ,'t.. ""
"~/1111111\\\\\\\
Date of Publication in The Wvlie News - July 6. 2005
Ordinance No. 2005-29
Comprehensive Emergency Mgt. Plan
9
. * C&S Media, Inc.
m:~e .:1farmerll\liUe m:imell. Murphy Monitor. The Princeton Herald · The Sachse News. THE WYLIE NEWS
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and
having general circulation in Collin County, Texas, who being by me duly sworn, deposed and
says that the foregoing attached
City of Wylie
Ord. No. 2005-25, Ord. No. 2005-26,
Ord. No. 2005-27, Ord. No. 2005-28, Ord. No. 2005-29
was published in said newspaper on the following dates, to-wit: July 6, 2005
()fJJJL-
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the
{~
day of
t?o
, 2005
to certify which witness my hand and seal of office.
~::lrt'r-__-;.'-~"":",,""~};.";~~~''''br~q,,.~,~~~___.
~.., L.fI,"t ,,:v",,~, f
"o~:;;"-'{(" ADA L. MOONEY II
(.~I ~tP,~, )~\ Nota:y Public
\..\ f?'.", ,,,1 Statn OfTexas
;. ~.. .I ,. ~
>":!'(:-o';.'.;/;I My Comrn. bp. 01-02.07
..........;.,_r
--
(/it /(b
Notary PublIc in and for
The State of Texas
My commission expires 01/02/07
Murphy/Sachse/Wylie Office' liON. Ballard' P.O. Box 369 . Wylie, TX 75098 . 972-442-5515 . fax 972-442-4318
FarmersvillelPrinceton Office' 101 S. Main' P.O. Box 512' Fannersville, TX 75442'972-784-6397' fax 972-782-7023
TRICT FOR NEIGHBOR-
HOOD SERVICES
RETAIL USES; PROVID-
ING FOR THE REPEAL
OF ALL ORDINANCES
IN CONFLICT; PROVID-
ING A SEVERABILITY
CLAUSE; AND PROVID-
ING FOR AN EFFEC-
TIVE DATE.
ORDINANCE NO.
2005-26
AN ORDINANCE OF
THE CITY OF WYLIE.
TEXAS, ADDING SEC-
TION 110-21 TO THE
WYLIE CODE OF ORDI-
NANCES; PLACING
RESTRICTIONS ON THE
USE, OPERATION OR
RIDING OF SKATES.
SKATEBOARDS OR
SIMILAR NON-MOTOR-
IZED ROLLING
DEVICES, OR THE PRO-
PELLING OF ONESELF
OR ANOTHER ON
SKATES, SKATE-
BOARDS OR SIMILAR
NON-MOTORIZED
ROLLING DEVICES ON
BALLARD STREET AND
THE SIDEWALKS
ALONG BALLARD
STREET BETWEEN
HIGHWAY 78 AND
BROWN STREET.; PRO-
VIDING FOR A PENAL-
TY FOR ALL PERSONS
AND ,PARENTS ',OF
MINOR; PROVIDING A
REPEALING. SEVER-
ABILITY AND SAVINGS
CLAUSES; PROVIDING
FOR A PENALTY FOR
THE VIOLATION OF
THIS ORDINANCE;
PROVIDING AN EFFEC-
TIVE DATE; AND PRO-
VIDING FOR THE PUB-
LICATION OF THE CAP-
TION HEREOF
ORDINANCE NO.
2005-29
AN ORDINANCE
ESTABLISHING A PRO-
GRAM RESPONSE AND
RECOVERY PHASES OF
COMPREHENSIVE
EMERGENCY MAN-
AGEMENT; ACKNOWL-
EDGING THE OFFICE
OF EMERGENCY MAN-'
AGEMENT DIRECTOR;
AUTHORIZING THE
APPOINTMENT OF AN
EMERGENCY MAN-
AGEMENT COORDINA-
TOR; AND PROVIDING
FOR THE DUTIES AND
RESPONSIBILITIES OF
THOSE OFFICES; IDEN-
TIFYING AN OPERA-
TIONAL ORGANIZA-
TION; GRANTING NEC-
ESSARY POWERS TO
COPE WITH ALL PHAS-
ES OF EMERGENCY
MANAGEMENT WHICH
THREATEN LIFE AND
PROPERTY IN THE
CITY OF WYLIE,
TEXAS; AUTHORIZING
COOPERATIVE AND
MUTUAL AID AGREE-
MENTS FOR RELIEF
WORK BETWEEN THIS
AND OTHER CITIES OR
COUNTI\i;S AND FOR
RELATED PURPOSES;
REPEALING CI'PY OF
WYLIE ORDINANCE
NO. 91-16; PROVIDING
~OR A ~ENALrY FOR
THE VIOLATION OF
THIS ORDINANCE;
PROVIDING FOR
REPEALING. SAVINGS
AND SEVERABI,LITY
CLAUSES; PROVIDING
FOR AN EFFECTIVE
DATE OF THIS ORDI-
NANCE; AND PROVID-
ING FOR THE PUBLICA-
TION OF THE CAPTION
HEREOF
A second Public Hearing to
consider the same issue
will be held before the City
Council of the City of
Lavon. Texas on Tuesday,
August 2. 2005 at 7:00
p.m. in the Council Room
at City Hall. 120 School
Road. Lavon, Texas.
6-1t-391-nc
NOTICE OF PUBLIC
HEARING
PLANNING AND ZON-
ING COMMISSION
AND CITY COUNCIL
An application has been
received by the City of
Wylie for a:
PROPOSED ZONING
CHANGE
Zoning Case Number:
2005-13
Applicant: Ryan Betz with
Skorburg Company
Location: East side of old
FM 544, south of Stone
Road
Property Description: See
Attached . Legal
Description
Present Zoning:
Agriculture (A)
Requested Zoning:Planned
Development (PD)
Proposed Residential
Uses
This public hearing is held
to consider the application
as an amendment to the
Comprehensive Zoning
Ordinance of the City of
Wylie, Texas and the
Oflicial Zoning Map. The
request will be considered
as follows:
City Council:
Tuesday, July 26, 2005,
6:00 pm
Each public hearing will be
held at the following loca-
tion:
City Council Chambers
of the Municipal
Complex
John Mondy, Mayor 2000 Highway 78 North,
Wylie, Texas
AN ORDINANCE OF ATTEST: This notice has been sent to
i~~'fu~~\i\~:;::: :c:~;~;~:I~,eK~f,~~~~~
ORDINANCE NO.
2005-27
lng
Department at 972/442-
8158. Please reference the
zoning case number when
requesting information.
This facility is wheelchair
accessible and handi-
capped parking spaces are
avai table. Requests for
interpretation services or
assistive hearing devices
must be made 48 hours
prior to the meeting.,
Contact the Ofliee of the
City Secretary at (972).
442-81 m, or (TDD) (972) ~
442-8170 for assistance..
"""......,...,..... .
~
.
Exhibit "A"
Legal Description
Zone Change #2005-13
.
BEING a tract of land
located south ()f Stone
Road, and west of old FM
544 South and further
described as:
BEING a 185.1449 acre...'
tract of land situated in the
E.M. Price Survey,
Abstract No. 725, the D.W.
Williams Survey. Abstract
No. 980, the Nathaniel
Atterberry Survey, Abstract
No. 1099, and the William
Sutton Survey, Abstract
No. 860, Collin County,
Texas and the E,M. Price
Survey, Abstract No. 1114,
Dallas Co'Unty. Texas, said
tract being all of a 53.42
acre trac!. of I<(od and a-
134.33 a<.;.re tract of land
conveyed by deed to Mrs.
Thelma Rice by Lone Star
Boat Co., recorded in
Volume 561. Page 226,
Deed Records, Collin
County, Texas
(D.R.C.C.T.) save and
except parcels take for road
rights-of-way and being'
more particularly described
as follows:
BEGINNING at a _" iron
rod found lor corner and
being the intersection of
the Westerly line of said
134.33 acre tract of land
with the Northerly line of
Vinson Road (a 60' ROW)
said intersection point
PeillgAI lbt: .mo~t easterly