Article 1.100: Code
Article 1.200: Tax Delinquency
Article 1.300: Elections
Article 1.400: Notice of Claims
Article 1.500: Cemetery
Article 1.600: Emergency Management
Sec. 1.101 Designation and Citation of Code
The ordinances embraced in this and the following chapters, articles and sections shall constitute and be designated the "Code of Ordinances, 1998, City of Lorenzo, Texas," and may be so cited.
Sec.1.102 Catchlines of Articles and Sections
The catchlines of the several articles and sections of this code are intended as mere catchwords to indicate the contents of the article section and shall not be deemed or taken to be titles of such articles and sections, nor as any part of the articles and sections, nor, unless expressly so provided, shall they be so deemed when any of such articles and sections, including the catchlines, are amended or reenacted.
Sec.1.103 Definitions and Rules of Construction
In the construction of this code, and of all ordinances and resolutions passed by the city council, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council:
Generally. Words shall be construed in their common and usual significance unless the contrary is clearly indicated.
City Administrator. As used herein, this term shall mean and include the city secretary and the city clerk and such terms shall be interchangeable.
City. The words "the city" or "this city" shall be the City of Lorenzo, the County of Crosby and the State of Texas.
City Commissioner. As used herein, shall refer to a member of the governing body of the City of Lorenzo, Texas. The term's "city commissioner" and "city councilmember" shall be interchangeable herein.
City Council. Shall refer to the governing body of the City of Lorenzo. The terms "governing body" and "board of aldermen" shall mean the city council-
City Manager. City Secretary and Other City Officers or Departments. Shall be construed to mean the city manager, city secretary or such other municipal officers or departments, respectively, of the City of Lorenzo, Texas. Reference to an officer or employee by title shall include his or her duly authorized assistants or representatives. The term "city clerk" shall be interpreted to mean the city secretary of the City of Lorenzo, Texas.
Computation of Time. Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the day on which such notice is given or such act is done shall be counted in computing the time, but the day on which such proceeding is to be had shall not be counted.
Council. Whenever the term "council," "this council," or "the council" is used, it shall mean the city council of the City of Lorenzo, Texas.
County. The term "county" or "this county" shall mean the County of Crosby, Texas.
Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships, associations and corporations as well as to males.
Month. Shall mean a calendar month.
Number. Any word importing the singular number shall include the plural and any word importing the plural number shall include the singular.
Oath. Shall be construed to include an affiliation in all cases in which, by law, an affiliation may be submitted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."
Official Time Standard. Whenever certain hours are named herein, they shall mean standard time or daylight savings time as may be in current use in the city.
Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.
Person. The word "person" shall extend and be applied to associations, corporations, firms, partnerships, fiduciaries, representatives and bodies politic and corporate as well as to individuals.
Preceding and Following. Shall mean next before and next after, respectively.
Sidewalk. Shall mean that portion of a street between the curbline or the lateral line of a roadway, and the adjacent property line intended for the use of pedestrians.
Signature or Subscription. Shall include a mark when a person cannot write.
State. The words "the state" or "this state" shall be construed to mean the State of Texas.
Street. Shall have its commonly accepted meaning and shall include highways, sidewalks, alleys, avenues, recessed parking areas and other public rights-of-way including the entire right-of-way.
Tense. Words used in the past or present tense include the future as well as the past and present.
VTC.S.. V.T.P.C., V.T.C.C.P. Refer to the divisions of Vernon's Texas Statutes Annotated.
Written or In Writing. The term "written" or "in writing" shall be construed to include any representation of words, letters, or figures, whether by printing or otherwise.
Year. Shall mean a calendar year
Sec.1.104 Amendments to Code
(a) All ordinances passed subsequent to the adoption of this code, which amend, repeal or in any way affect this code, may be numbered in accordance with the numbering system of this code and printed for inclusion therein. When subsequent ordinances repeal any chapter, article, section or subsection or any portion thereof, such repealed portions may be excluded from the code by omission from reprinted pages. The subsequent ordinances as numbered and printed or omitted in the case of repeal, shall be prima facie evidence on such subsequent ordinances until such time that this code and subsequent ordinances numbered or omitted are readopted as a new code by the City council.
(b) Amendments to any of the provisions of this code shall be made by amending such provisions by specific reference to the article and section number of this code in the following language:
"That Chapter ________ Article ________ Section ________ of the Code of Ordinances, City of Lorenzo, Texas, is hereby amended to read as follows: ..."
The new provisions shall then be set out in full as desired.
(c) In the event a new article or section not heretofore existing in the code is to be added, the following language shall be used:
"That Chapter _______, of the Code of Ordinances, City of Lorenzo, Texas, is hereby amended by adding a section, to be number Article/Section ________", which said article/section _______ shall read as follows: ..."
The new article or section shall then be set out in full as desired.
(d) It is hereby provided, however, that any subsequent ordinance which fails to amend this code in the manner provided for above shall not be deemed invalid as a result of such failure to follow the procedure outlined in this section.
Sec. 1.105 Supplementation of Code
(a) By contract or by city personnel, supplements to this code shall be prepared and printed whenever authorized or directed by the city council. A supplement to the code shall include all substantive permanent and general parts of ordinances passed by the city councilor adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the code. The pages of a supplement shall be so numbered that they will fit properly into the code and will, where necessary , replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the code will be current through the date of the adoption of the latest ordinance included in the supplement.
(b) In preparing a supplement to this code, all portions of the code which have been repealed shall be excluded from the code by omission thereof from reprinted pages.
(c) When preparing a supplement to this code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:
(1) Organize the ordinance material into appropriate subdivisions.
(2) Provide appropriate catchlines, headings and titles for articles, sections and other subdivisions of the code printed in the supplement and make changes in such catchlines, headings and titles;
(3) Assign appropriate numbers to articles, sections and other subdivisions to be inserted in the code and, where necessary to accommodate new material, change existing article or section or other subdivision numbers;
(4) Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this section," "this subsection," etc., as the case may be; and
(5) Make other nonsubstantive changes necessary to preserve the original meaning of ordinance, articles or sections inserted into the code; but, in no case, shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the code.
Sec.1.106 General Penalty for Code Violations
(a) Whenever in this code or in any ordinance of the city, an act is prohibited or is made or declared to be unlawful of an offense or a misdemeanor, or wherever in such code or ordinance the doing of an act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of this code or any such ordinance shall be punished by a fine not exceeding five hundred dollars ($500.00), except for:
(1) violations of municipal ordinances that govern fire, safety , zoning, public health and sanitation, including dumping of refuse, vegetation and litter violations in which the maximum fine shall be two thousand dollars ($2,000.00) for each offense, and
(2) violations of traffic laws and ordinances which are punishable as a Class C misdemeanor shall be punished by a fine not to exceed two hundred dollars ($200.00).
However, no penalty shall be greater or less than the penalty provided for the same or similar offense under the laws of the state.
(b) Each day any violation of this code or of any ordinance shall continue shall constitute a separate offense. Any violation of any provision of this Code of Ordinances which constitutes an immediate danger to the health, safety, and welfare of the public may be enjoined in a suit brought by the city for such purposes.
Sec. 1.107 Severability of Parts of Code
It is hereby declared to be the intention of the city council that the articles, sections, paragraphs, sentences, clauses and phrases of this code are severable and, if any article, section, paragraph, sentence, clause or phrase of this code shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining articles, sections, paragraphs, sentences, clauses and phrases of this code since the same would have been enacted by the city council without the incorporation in this code of any such unconstitutional article, section, paragraph, sentence, clause or phrase.
(Ordinance adopting Code)
(a) Whenever any accounts for delinquent taxes owed the City of Lorenzo are given to its tax attorney for collection on or after July 1 of the year they become delinquent, the City of Lorenzo shall be entitled to, and shall collect, an additional penalty as provided for in the general penalty provision found in Section 1.106 of this code due on each delinquent property at the time of collection, either before or after suit and or foreclosure sale as provided by Section 33.07 of the Texas Property Tax Code.
(b) In addition to the collection expenses provided for in subsection (a) above, the City of Lorenzo shall be entitled to collect the actual expenses incurred by the City of Lorenzo or its law firm on its behalf in providing all data and information as to the name, identity, and location of necessary parties and the legal description of property necessary to the filing of any suit for delinquent taxes.
(Ordinance 0-03-A-87 adopted 4/13/87)
(Editor's Note: Pursuant to Resolution R-01-94B, adopted in settlement of class action suit No. 5-93-CV-0296-C, council members are now elected by single member districts. Members are not required to live in the district they represent. State Law reference-Provisions regarding elections, generally, V.T.C.A., Election Code.)
(a) At all elections held by and in the City of Lorenzo subsequent to this date, December 14, 1970, for the purpose of electing city councilmen, the rule of law providing for the election of councilmen by place shall be in effect.
(b) Whereas, Texas law governing cities and towns, require
that for an ordinance providing for the election of councilmen
by place, and said ordinance must be legally adopted at least
60 days prior to the election, and whereas, the next such election
in Lorenzo is more than 60 days from this date; therefore, it
is hereby ordered that such provision for the election of councilmen
by place shall be effective at the next and subsequent such elections.
(Ordinance adopted 12/14/70)
(State Law reference-Texas Tort Claims Act, V.T.C.A., Civil
Practice and Remedies Code, Chapter 101.
Sec. 1.401 Notice Required
(a) The City of Lorenzo shall never be liable for any claim for property damage or for personal injury , whether such personal injury results in death or not, unless the person damaged or injured, or someone in his behalf, or in the event the injury results in death, the person or persons who may have a cause of action under the law by reason of such death injury, shall within sixty (60) days from the date the damage or injury was received give notice in writing to the mayor and city council of the following facts:
(1) The date and time when the injury or damage occurred and the place where the injured person or property was at the time when the injury was received.
(2) The nature of the damage or injury sustained.
(3) The apparent extent of the damage or injury sustained.
(4) A specific and detailed statement of how and under what circumstances the damage or injury occurred.
(5) The amount for which each claimants will settle.
(6) The actual place of residence of each claimant by street, number, city and state on the date the claim is presented.
(7) In the case of personal injury or death, the names and addresses of all persons who, according to the knowledge or information of the claimant witnessed the happening of the injury or any part thereof and the names of the doctors, if any, to whose care the injured person is committed.
(8) In the case of property damage, the location of the property at the time the claim was submitted along with the names and addresses of all persons who witnessed the happening of the damage or any part thereof.
(b) No suit of any nature whatsoever shall be instituted or
maintained against the City of Lorenzo unless the plaintiff therein
shall aver and prove that previous to the filing of the original
petition the plaintiff applied to the city council for redress,
satisfaction, compensation, or relief, as the
case may be, and that the same was by vote of the city council refused.
Sec.1.402 Location for Serving Notice
All notices required by this article shall be effectuated by serving them upon the city administrator at the following location: City Office, 703 5th Street, Lorenzo, Texas 79343-0430, and all such notices shall be effective only when actually received in the office of the person named above.
Sec.1.403 Provisions Cannot be Waived
Neither the mayor, a city councilmember, nor any other officer or employee of the city shall have the authority to waive any of the provisions of this article.
Sec. 1.404 Notice to be Sworn
The written notice required under this article shall be sworn to by the person claiming the damage or injuries or by someone authorized by him to do so on his behalf. Failure to swear to the notice as required herein shall not render the notice fatally defective, but failure to so verify the notice may be considered by the city council as a factor relating to the truth of the allegations and to the weight to be given to the allegations contained therein.
(Ordinance 0-07 -84 adopted 7/16/97)
Sec. 1.405 Exceptions to Filing Requirement
Requirements herein shall not be applicable in cases of actual notice, good cause and civil rights (Section 1983) claims. (Ordinance adopting Code)
To establish procedures for the City of Lorenzo to control the use, planning, financing and maintenance of the Lorenzo Cemetery in a practical manner and esthetical condition while giving consideration to the Lorenzo Cemetery Association.
Sec. 1.502 Hours
a. The Lorenzo City Cemetery shall be closed between the hours
of 9:00 p.m. until 7:00 a.m.
b. The Lorenzo city Cemetery shall be open between the hours of 7:00 a.m. until 9:00 p.m. to those persons having an interest in the upkeep of occupied burial plots; those persons inspecting plots with the view toward purchase; those persons attending a funeral; those persons employed to conduct a funeral; those persons employed to maintain and care for the cemetery; or those persons employed to stake or open a grave for burial purposes.
Sec. 1.503 Permit Required
No person shall open a grave for burial purposes or commence funeral activities at the Lorenzo Cemetery without first obtaining a permit from a city official and paying a staking fee of $25.00, and the plot to be opened has been properly staked by a city official. The permit shall not be issued until the plot has been staked in a manner, which will define the opening to be made. This section shall not apply when employees of the City of Lorenzo open the grave.
Sec.1.504 Notification to City Required
Any person desiring to have a grave opened by the City of Lorenzo for burial purposes shall notify the city within 24 hours of the time that such opening is requested to be completed and pay an opening fee of $50.00.
Sec. 1.505 Trespassing Prohibited
Any person other than those defined in Section 1.502 who enter upon the premises of the Lorenzo City Cemetery shall be guilty of an unauthorized trespass for unlawful purposes and shall be held in violation of this article.
Sec. 1.506 Penalty for Violations
Any person who violates any provision of this article shall be fined a sum as provided for in the general penalty provision found in Section 1.106 of this code. (Ordinance 125 adopted 7/8/74)
Sec. 1.507 Administration
a. The City Chief Administrator shall have all necessary authority
to enforce cemetery regulations.
b. The City of Lorenzo May designate Members of the Lorenzo Cemetery Board of Directors and grant them necessary authority to implement certain maintenance procedures.
c. The City of Lorenzo shall strive to agree on matters of maintenance and administration with the Lorenzo Cemetery Association within reason.
Sec. 1.508 Enforcement
a. Any person disobeying these regulations may be excluded
from the cemetery grounds. The cemetery shall be used only for
the burial of human remains. The City of Lorenzo reserves the
right to refuse to inter the remains of any person if, in its
judgment interment would not be to the best interest of the City
of Lorenzo Cemetery and its many owners or the principles, plan,
or ideals on which the cemetery was organized.
b. Persons upon the grounds from sunset to sunrise will be reported to the police as trespassers.
c. Exception to this regulation will be workers involved in activities related to an interment or modification.
d. Emergency conditions resulting in temporary change or alterations to these regulations to allow proper burial procedure will be presented to the City of Lorenzo authorized agent for consideration.
Sec. 1.509 Traffic
a. No person other than authorized personnel shall drive a
vehicle on any lot of the Lorenzo Cemetery grounds.
b. No vehicle may be driven at a speed greater than 5 miles per hour within the Lorenzo Cemetery.
c. Vehicular traffic will be restricted to the roadways.
Sec. 1.510 Activity
a. No sign shall be erected or placed on any fence connected
to the Lorenzo Cemetery that advertises any lot, vault, or burial
accessory or services for sale.
b. No commercial advertising of any kind shall be permitted in or on Lorenzo Cemetery grounds or fences.
c. No owner may allow interments for remuneration.
Sec. 1.511 Firearms
With the exception of military guards of honor during a military service, and peace officers, no person shall be in possession of a firearm on the Lorenzo Cemetery grounds.
Sec. 1.512 Sale of Lots
Prices for the sale of Lorenzo Cemetery lots shall be as established by the City of Lorenzo, and purchases shall be arranged through the City of Lorenzo and/or its authorized agent. Deed shall be issued only by the City of Lorenzo. Lots in Sec. A and D shall not be sold without approval of City of Lorenzo and the Lorenzo Cemetery Association.
Sec. 1.513 Sales by Lot Owners
Any sale of a cemetery lot, or portion thereof, shall be completed only after written approval from the City of Lorenzo.
Sec. 1.514 Interment
When arranging interment services, the authorized representative/agent will follow these instructions:
1. Complete grave service order.
2. Verify the location and ownership with the City of Lorenzo and/or their representative.
3. Collect the interment fee and space fee if not already owned.
4. Make final preparations for burial.
Sec. 1.515 Digging of Graves
a. The digging of all graves for interment will be permitted
subject to the supervision and direction of the designated person
assigned by the City of Lorenzo. On all interments arrangements
must be made with the City of Lorenzo/or designated person.
b. The backhoe operators shall carry liability insurance to cover any damage that may occur while digging a grave.
c. All work must cease within the Lorenzo Cemetery boundaries when an interment begins.
Sec. 1.516 Responsibility
Funeral directors, florists, and stone masons shall be responsible for the activities of all agents and employees.
Sec. 1.517 Grave Setups
Setups must receive careful attention; as careful as any other detail of the funeral. For this reason, the following will be adhered to:
1. The grave will be dug on the day, or the previous day of
the service, unless otherwise permitted by the authorized personnel.
2. All dirt will be taken from the gravesite, unless conditions do not permit.
3. No equipment or dirt trailers are to be left at or near the grave, and they are not to be in sight of the service.
4. Following the service, process of closing the grave will not begin until the family and friends have left the grave and/or the funeral director has given the permission to begin.
5. Grave will be filled, or leveled, on the same day of the service with topsoil only.
6. Flowers should be placed in a careful and thoughtful manner.
7. Any tracks or damage caused by digging of the grave shall be filled and smoothed as soon as possible with topsoil.
Sec. 1.518 Boundary Marker
All boundary markers set by the City of Lorenzo shall remain.
Sec. 1.519 Metal
No metal markers may be utilized for more than 180 days, except those of bronze set below the surface of the ground or on a granite base.
Sec. 1.520 Esthetics
a. The usage of markers of good taste and accord with the established
pattern of esthetic appeal is encouraged.
b. No glass or ceramics flower receptacles shall be allowed.
Sec. 1.521 Monument, Markers and Grave Covers.
a. Only granite, marble, limestone or bronze may be used as
a monument. A monument extending above the grade level shall be
of such size that when erected on a lot, no end shall be placed
within one inch of the lot line, and not nearer than 8 inches
of an existing monument. A monument that does not protrude above
the grade level may extend to the property line.
b. No monument or marker over 4.5 ft. tall allowed.
c. Temporary markers for graves may be removed when deteriorated.
d. No curbs of any material will be allowed on any lots purchased after May 6th, 2002 unless special permission is given by the City of Lorenzo. This special permission will be given only if lower maintenance costs will prevail.
e. No grave covers of cement, gravel, rock, or any material other than topsoil will be allowed on any lots purchased after May 6th, 2002 unless special permission is given by the City of Lorenzo. This special permission will be given only if change will lower maintenance costs.
f. Monument companies must submit a complete list of work to be done in the Lorenzo Cemetery on that day, such as last dates to be cut, setting of monuments and which lot it is to be set on, etc. This list should be written on monument company stationary showing name of monument company owner, mailing address, and telephone number, and submitted to the city office or their representative, before the work starts.
g. No permanent work whatsoever shall be performed on any lot prior to the issuance of a permit. No permit shall be issued without direction from the lot owner, a surviving next of kin or legal representative. This shall apply to all forms of work, including the cutting of inscriptions and setting of marker. Exceptions to this would be work authorized by the Lorenzo Cemetery Association to preserve and protect existing monuments and gravesites and removal of unauthorized materials, plants or structures as approved by the City Administrator.
Sec. 1.522 Removal
a. If any vegetation should by reason of branches or roots
become detrimental to an adjacent lot, or become unsightly, or
result in inconvenience to public, the city will have authority
to remove vegetation.
b. The City of Lorenzo, without recourse, may remove any other obstruction with the exception of monuments such as curbs, fences and etc. that become unsightly or detrimental to maintenance of the cemetery.
Sec. 1.523 Leveling
The City may fill and level any gravesite and maintain as necessary.
Sec. 1.524 Planting of vegetation
a. No trees, shrubs, shall be planted by any individual. All
flowers must be maintained by person planting or are subject to
removal by maintenance personnel. If pots are used for the placing
of live flowers, pots must be of an unbreakable material.
b. Gifts of trees and shrubs may be made, subject to the following conditions:
1. The cemetery association must approve the placement of any tree or shrub in the cemetery and it must be in keeping with the general landscape of the cemetery. No fruit or nut bearing trees or shrubs will be allowed.
2. No plaque or designation will be permitted to be placed at the site of the gift.
3. The Cemetery Association and City of Lorenzo will always maintain control over such gifts and should a tree, shrub, or plant that has been given as a gift die or be deemed to be in anyway out of keeping with the landscape of the cemetery, the City or Association reserve the right to have that item removed.
Sec. 1.525 Cleanup
Funeral design and floral pieces shall be removed from gravesite by the lot owner or family prior to becoming wilted or unsightly. If such are not removed within a reasonable length of time, such shall be removed by maintenance personnel and disposed of without recourse.
Sec. 1.526 Director
The City reserves the right to refuse a funeral director to conduct a service of interment if the director is delinquent in the payment of fees to the City of Lorenzo arising from previous services.
Sec. 1.527 Hold Harmless
The service itself shall be under the supervision and direction of the funeral director employed by the lot owner who agrees to look solely to the director in regard to complaints regarding the conduct of the service.
Sec. 1.528 Location
Gravesites must be located by the family or legal representative and written authorization executed enabling the City of Lorenzo to open the site.
Sec. 1.529 Interments
Not more than one interment shall be permitted in one grave
except in the situation itemized below:
1. Parent and small child in one casket.
2. Small sibling children in one casket.
3. Two cremations.
a. One cremated remains shall be allowed in a traditional burial ground burial space occupied, or to be occupied by a casket (and then only where the property in question will in the City or Cemetery Association's judgment, physically accommodate the extra interment).
b. The cremations shall be buried at the head of the space in a manner that does not or will not hinder access to the casket.
Sec. 1.530 Ground Interment
City of Lorenzo/Cemetery Association shall not be liable for disturbance of ground space in which the cremated remains are interred if, in its judgment, such disturbance is necessary or helpful in preparing or replacing water line, marker placement, or in any other maintenance or cemetery operating function.
Sec. 1.531 Permanent ground receptacles/grave liners
a. With the exception of buried cremations and infants, every
earth interment in the City of Lorenzo Cemetery shall be enclosed
in permanent steel or concrete vault or two-piece concrete or
b. Cremations will be enclosed in at least a Styrofoam or higher quality container. No cardboard allowed.
c. No wooden or multi-piece concrete boxes will be permitted in the city of Lorenzo Cemetery.
d. The City of Lorenzo/Lorenzo Cemetery Association reserves the right to reject and refuse installation of any ground receptacle, which in its judgment does not reflect high-grade craftsmanship.
Sec. 1.532 Removal
a. When removal is directed from a gravesite to another location
all rights to the former sight shall revert to the City.
b. Removal shall be done in strict conformity with all requirements of the law. The next of kin or legal representative shall make a written, notarized application for removal. All arrangements for removal shall be made with the next of kin or legal representative after approval by the City of Lorenzo or its authorized representative.
(PASSES AND APPROVED BY THE CITY COUNCIL OF THE CITY OF LORENZO, TEXAS, ON THIS 8TH DAY OF APRIL, A. D. 2002)
Sec. 1.601 Organization
There exists the office of emergency management director of the City of Lorenzo, which
shall be held by the mayor in accordance with state law.
( 1) An emergency management coordinator may be appointed by and serve at the pleasure of the director;
(2) The director shall be responsible for a program of 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 .
(3) The operational emergency management organization of the City of Lorenzo .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. 1.602 Emergency Management Director-Powers and Duties
The duties and responsibilities of the emergency management director shall include the following:
(1) Conduct an on-going survey of actual or potential hazards which threaten life and property within the city and an on-going
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) Supervision of the development and approval of an emergency management plan for the City of Lorenzo, and shall recommend for adoption by the city council all mutual aid arrangements deemed necessary for the implementation of such plan.
(3) Authority to declare a local state of disaster. The declaration may not be continued or renewed for a period in excess of 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 .
(4) Issuance of necessary proclamations, regulations or directives which are necessary for carrying out the purposes of this article. 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.
(5) Direction and control of the operations of the City of Lorenzo Emergency Management Organization as well as the training of emergency management personnel.
(6) Determination of all questions of authority and responsibility that may arise within the emergency management organization of the city.
(7) Maintenance of liaison with other municipal, county , district, state, regional or federal, emergency management organizations.
(8) 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.
(9) 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 the county in which said city is located and with other municipalities within the county , for the countywide coordination of emergency management efforts.
(10) 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 .
(11) Authorizing of agreements, after approval by the city attorney, for use of private property for public shelter and other purposes.
(12) Survey of the availability of existing personnel, equipment, supplies and services which could be used during a disaster, as provided for herein.
(13) Other requirements as specified in the Texas Disaster Act of 1975 (V.T.C.S. Article 6889- 7).
Sec. 1.603 Emergency Management Plan
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
the 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
Sec. 1.604 Interjurisdictional Program
The mayor is hereby authorized to join with the county judge of the County of Crosby in the formation of an emergency management council for the County of Crosby and shall have the authority to cooperate in the preparation 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 Lorenzo.
Sec. 1.605 Override
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 ordinances, orders,
rules, and regulations insofar as the latter may be inconsistent
Sec. 1.606 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 Lorenzo, 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, rule, 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 Lorenzo 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, impending, 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. 1.607 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. 1.608 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, or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this article.
(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 Lorenzo, 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 V 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 a fine as provided for in the general penalty provision found in Section 1.106 of this code or confinement in jail for a term not to exceed 180 days.
(Ordinance 0-11-88 adopted 11/14/88)